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Blue LED Inventor Nakamura Awarded $8.1 Million

redkingca writes "The New York Times (reg required) has an article about an $8.1 million settlement in the blue-LED royalty case. Mr. Nakamura created the blue LED while working for the Nichia Corporation but never received any bonuses or royalties for his invention. A lower court had awarded 20 billion yen, nearly $200 million, and ordered Nichia to pay Mr. Nakamura last year. The settlement came after the company appealed that ruling."

306 comments

  1. A great acheivement by Lindsay+Lohan · · Score: 5, Informative
    Mr. Nakamura created the blue LED... A lower court had awarded 20 billion yen, nearly $200 million
    Nice cut for a sweet invention--one that will change laser technology forever. Gallium Nitride LEDs have started to replace lightbulbs and fluorescent tubes for lighting. GaN based blue lasers allow data storage with much higher density than traditional red lasers, and there are many more application areas.

    Here's an interesting article from ScienceWatch (no bloodsucking reg required) which goes into more detail on the history and application of this *very* cool technology.
    1. Re:A great acheivement by Anonymous Coward · · Score: 0

      LEDs to replace lightbulbs and fluor. tubes? Christ, that must be expensive.

      But self, don't be so pessimistic! They'll come down in price in due time... in.. due... time.

    2. Re:A great acheivement by CodeBuster · · Score: 1

      Nice cut for a sweet invention

      Not really, 8 million is a pittance compared to the revenues that Nichia Corporation realizes ( approximately 1.4 billion dollars) every year because of Mr. Nakamura's invention. They should have offered him at least $100 million in stock and/or bonuses.

    3. Re:A great acheivement by Anonymous Coward · · Score: 1

      8 million is plenty for a single person. What could he possibly want more for?

      Remember the ~$1.4 billion the company makes is before taxes and costs. That money goes to pay hundreds or thousands of people.

    4. Re:A great acheivement by Tooxs · · Score: 1

      Why don't you ask Bill Gates?

    5. Re:A great acheivement by fm6 · · Score: 2, Insightful
      Developing a new technology isn't cheap. If you believe in capitalism, you have to accept that the people who take the financial risks are usually going to get the lion's share of the rewards. Otherwise they have no incentive to take those risks.

      What was unfair was that the inventor of a crucial new technology was only rewarded with a pat on the back. And now that's been corrected.

    6. Re:A great acheivement by 91degrees · · Score: 1

      They may be expensive but they're very energy efficient, and they last forever. It's a long term saving.

    7. Re:A great acheivement by Synbiosis · · Score: 1

      Mr. Nakamura purposely declined an offer from Sony to work for the smaller company so he could have a greater impact, working for the underdog, so to say.

      He essentially put the company on the map, and they screwed him in return.

  2. I'd be blue, too by Anonymous Coward · · Score: 1, Funny

    If my award dropped from $200 million to $8 million.

    1. Re:I'd be blue, too by m50d · · Score: 1
      He settled it, so presumably he thinks that's enough that he won't have to work again or whatever.

      Either that or he didn't think he had much chance of winning.

      --
      I am trolling
    2. Re:I'd be blue, too by Anonymous Coward · · Score: 0

      To be honest while $200 would be better than $8 who gives a damn, you have $8 million and never have to work again.

    3. Re:I'd be blue, too by BJH · · Score: 2, Interesting

      No, he settled because his lawyer told him he had "less than zero" (actual quote) chance of winning any more money if he took it to the Supreme Court.

    4. Re:I'd be blue, too by kyoorius · · Score: 1

      After the government takes 40% in taxes + the lawyer takes his 50% in fees, he will have about $2.4M in cash. Buy an aparment in Tokyo for $1M, and that will leave $1.4M.. Enough for a few lavish vacations and then its back to work.

    5. Re:I'd be blue, too by twiddlingbits · · Score: 1

      He lives in the USA. He could live pretty good on 2.4M in cash. Get a nice house and cars, invest the other 1.2M in something safe and tax-free making a 5% annual return. Typically lawyers get and taxes 40%. So he ends up with 27% of 8.1M or about 2.2M. Not enough to be lavish but 60K a yr tax free is not too bad to go along with whatever his income is now. If he is as briliant as it appears, he is not hurting for a job so he could just let the money be his retirement fund.

    6. Re:I'd be blue, too by Anonymous Coward · · Score: 0

      He developed the blue LED while on the company dime. Why should he be legally entitled to anything more than his pay?

      That being said, I believe that the company was stupid to not give him a HUGE bonus. I'd certainly be grateful, and I'd want to encourage my employees to work hard to make more money for the company.

    7. Re:I'd be blue, too by eraserewind · · Score: 1

      So why did the company settle?

  3. Hooray for the little guy! by lordkuri · · Score: 3, Interesting

    It's nice to see "the little guy" get one over on the "anything you think, we own" mentality of the big corporations. Produce a product on company time, yeah that's work for hire, but this bullshit of "you made X 3 years after you left the company, but we still own it" has to stop.

    1. Re:Hooray for the little guy! by stinkykitten · · Score: 0

      I do agree with you up to a point. If you invent something that ends up making the company huge sums of money, you should be compensated well above and beyond your normal salary.

    2. Re:Hooray for the little guy! by BJH · · Score: 1

      Just so you know, Nakamura is absolutely livid about the reduction from $200 million to $8 million, and considers himself to have lost.

    3. Re:Hooray for the little guy! by Anonymous Coward · · Score: 0

      Actually what the company owns depends on what you signed when you were hired. Most companies make you sign something that essentially states that anything you build, write, concieve, or otherwise dream up while working for them, on their time or yours, they own.

      Whether or not you actually sign such a doc is ultimately up to you. Usually you can "lose" the document without signing it, depending on how organized and thorough they are.

      If they call you on it, you can play dumb and sign it, they won't bat an eyelash. It's common for one of the zillion docs you sign while starting a new job to be misplaced or forgotten. On the other hand if they don't notice, you are enjoying that much more freedom.

      If you do invent something on your own time and sell it, then get sued by the company you work for, "I never agreed to that!".

  4. Taxes by richman555 · · Score: 1

    I wonder if he will now get killed with taxes he,he.. Oh wait, thats right the more money you make, the less you get taxed : )

    1. Re:Taxes by Anonymous Coward · · Score: 0

      This is off-topic from blue led's BUT... If it were true that less taxes are paid in the US as you make more, then how come the top %10 of wage earners pay the overwhelming majority (approaching 65%) of income taxes in America? http://www.allegromedia.com/sugi/taxes/#Head-1.htm

    2. Re: Taxes by IAmMaxHarris · · Score: 1, Offtopic
      ... Oh wait, thats right the more money you make, the less you get taxed : )

      This is absolutely false. Well-to-do people almost always pay higher dollar amounts in taxes than other people do. (They also pay a higher percentage of their income in taxes, which is highly unfair, but this is partially offset through accountants/money managers.)

      If what you say is true, I'm sure Bill Gates would love to have you pay his tax bill.

      I object to the notion that a dollar (to a rich man) is somehow not as valuable as another dollar is to a poor man.

    3. Re: Taxes by MrTufty · · Score: 1

      A poor man will miss it more. If you have $10 million, you won't think twice about going out and spending that on a new car, etc. If you have $10,000 - you might have to wait to get that car. The more money you have, combined with money managers and accountants, makes it possible for you to live off the interest on the money you already have.

    4. Re: Taxes by oiuyt · · Score: 1
      Of course the marginal value of a dollar is less to a rich man than to a poor man.


      How much is an apple worth to you? If it's lunch time, you have no other food, the apple has a fair amount of value. If you have 200 other apples rolling around on the floor of your office/cubicle/whatever, another apple has very little value to you.


      Dollars are a bit more fungible, but the same concepts apply.

    5. Re:Taxes by Anonymous Coward · · Score: 0

      Because the number that is most fair to compare is the effective *tax rate*, not the fraction of tax burden.

      Even that top 10% pays an effective 34.6% tax rate, the top 1% pays a 34.4% federal tax rate, compared to the average 24% tax rate.

      The question is really how much more unfair 34.4% is than 24%, not 65% vs. 35%.

      Also interesting is that the CBO numbers count the *employer share* of Social Security as *income* even though it is money that the employee *never sees* even in the before-tax paycheck. Meaning the typical middle income guy is getting a 7% pay raise that he doesn't know about when this calculation is being made, while his tax bill stays the same (meaning his tax burden is being underestimated). *Plus*, this is counting *corporate* income tax burden according to the distribution of *dividends.* Meaning that the guy who gets income from a dividend check (probably a high income guy) gets credit for taxes that were paid out of a corporate treasury. (Meaning his tax burden is being overestimated.)

      But don't let any subtleties stop you from jumping on the tax-slashing Social-Security-"reforming" bandwagon.

    6. Re: Taxes by adamfranco · · Score: 1

      [Well-to-do people] also pay a higher percentage of their income in taxes, which is highly unfair...

      This is not unfair, it is a counterweight specifically made to enable a democratic laissez-faire capitalist society to exist.

      A democracy can not exist when 1% of the population controls 99% of the resources; see Europe in what were appropriately known as the Dark Ages or many "third world" countries today for examples of this. In a place with that sort of extreme wealth disparity there is no way for the poor 90% of the population to have a meaningful enough influence on the government to feel that their needs are being met and exploitation of them is kept to a minimum.

      In the past few centuries many people now considered famous -- Thomas Jefferson, John Adams, John Locke, Immanual Kant, Karl Marx, etc -- have come up with a whole spectrum of ways to provide enough equity to all to allow a modern nation-state to exist. Though different parts of the spectrum have had varying degrees of success, they share (at least on the philosophical level, if not the implementation level) the same general notion of preventing the concentration of resources (and thereby power).

      At one extreme you have communism (the new philosophical term collectivism is often used to differentiate the common philosophy of a collective societies from the generally awful implementations tried by the various Communist parties in many countries). In [ideal] communism, no one owns anything personally and the collective labors and benefits are shared equally by all. In practice this doesn't work in groups larger than about few thousand since it requires the good faith of most participants to not screw their fellow people. Successful implementations of this are "hippy communes", many tribal groups, monasteries, and isolated villages scattered the world over.

      In the middle of the spectrum is modern socialism/socialist-capitalism as practiced by much of Europe, as well as Canada. Unlike communism, socialism allows for personal property but requires a large portion of that be pooled together on a national level to provide a smaller set of common services than communism; transportation, health care, elderly/disabled care, education, police, defense, arts and science. Businesses are generally heavily regulated to ensure that they do cause undo harm or consolidate too much power.

      At the other end of the spectrum is [mostly] laissez-faire capitalism as practiced in the United States. In this system there is much less regulation and individuals and corporations are encouraged to do comparatively whatever they want in their pursuit of riches. The balance to this lack of regulation is a graduated tax scheme which taxes the wealthy more than the poor. The estate tax in particular exists to prevent that top 1% of families from consolidating their riches over generations and becoming defacto royalty. In the other systems mentioned above, the less able/wealthy members of the society would be provided for by social services. In the USA they get (comparatively) dropped, but aren't taxed as much.

      The crux of the matter is that a democratic society needs some equity in what it provides its citizens if it is to survive by something other tyrannical rule. If you don't like the graduated taxes, move somewhere where they have high flat-tax rates and more regulation. Or go further and [try to] find a pure communist society with no taxes, but no personal ownership either.

      --
      "When ideology and theology couple, their offspring are not always bad but they are always blind." -- Bill Moyers
    7. Re: Taxes by coopaq · · Score: 1
      Well-to-do people almost always pay higher dollar amounts in taxes than other people do.

      Man. What is happening to /. ???

      I once read a quote that went like, "If you are a democrat in your 20s you have heart. If you are still one in your 30s your are an idiot."

      Is that what is happening here? I see so many posts leaning toward capitalism, corporate patents, copyrights, etc now than ever.

      Generally speaking are the Slashdotters just hitting their 30s and turning into self preserving money making capitalists?

      I like a different viewpoints to keep myself in check and keep the conversation real, but it feels like people a getting comfortable in a situation and protecting it.

      While many here still believe in even distribution, paying for what something is worth, the tone is growing away from that.

      Maybe so many people got burned over the past few years they are just became hardline preservationists of what they have now.

      Seems to me people (skilled professionals) certainly seemed to fall in line at the work place after jobs started coming back.

      Is this trend real or am I imagining it?

    8. Re: Taxes by sean.peters · · Score: 1
      ... Oh wait, thats right the more money you make, the less you get taxed : )
      This is absolutely false.

      Not so fast. It's only false if you consider income tax alone. Once you add Social Security and Medicare taxes (into which the poor and middle class pay a proportionally larger amount than the wealthy), gasoline taxes, sales taxes, etc; the wealthy pay about the same proportion of taxes as the rest of us.

      I object to the notion that a dollar (to a rich man) is somehow not as valuable as another dollar is to a poor man.

      Objecting to facts only makes you look stupid. You should go look up the definition of "marginal value" sometime. Do the thought experiment: if you drop $5 in front of a bum, he'll scramble for it - for him, $5 holds off starvation for another day. If you drop $5 in front of Bill Gates, he wouldn't bend over to pick it up - an additional $5 dollars would make absolutely no difference in the way he lives his life.

      If what you say is true, I'm sure Bill Gates would love to have you pay his tax bill.

      Any time Bill G. wants to trade his net worth and tax bill for my net worth and tax bill, he just has to pick up the phone.

      Sean

    9. Re: Taxes by nico60513 · · Score: 1

      The estate tax in particular exists to prevent that top 1% of families from consolidating their riches over generations and becoming defacto royalty.

      Wasn't the estate tax renamed "The Death Tax" by wealthy conservative groups and repealed (over a ten year period)?

      Should I be looking for a particular royal person to serve?

    10. Re: Taxes by That's+Unpossible! · · Score: 0, Flamebait

      Man. What is happening to /. ???

      It's no longer a haven for socialists?

      Generally speaking are the Slashdotters just hitting their 30s and turning into self preserving money making capitalists?

      Well I've been one since I turned 18. Is there a problem with being a capitalist? You wouldn't be posting your message on slashdot without us.

      While many here still believe in even distribution, paying for what something is worth, the tone is growing away from that.

      That's right, socialism is dying at slashdot. Thank god.

      --
      Ironically, the word ironically is often used incorrectly.
    11. Re: Taxes by coopaq · · Score: 1
      We are all capitalists. It's what our country is based on.

      My question is why are people on /. now defending the way capistalism is creating big gaps in wealth distribution?

      This article is about an engineer getting rewarded for the key contribution to the company.

      What is wrong with his rights to the design and getting the proper credit for it.

      Maybe we think the same thing. But maybe you are from Texas and I am from Boston :)

      It should be incetive to build and create with good reward instead of someone getting rich on someone else's hardwork and plight.

      Company hires should be invited to make money WITH the company not FOR the company.

    12. Re: Taxes by atcurtis · · Score: 1


      I am not an expert but...

      I was informed that Bill Gates was not a salaried employee of Microsoft...

      He has a foundation receives benefits on his behalf from Microsoft in the form of non-expensed stock options and then Bill Gates lives at the foundations expense.

      End result, Bill Gates does not receive very little taxable salary (probably less than you or I receive in a month) and therefore pays a minuscule tax but due to the foundation, is able to live quite comfortably.

      This would explain the eyewitness observations that Bill Gates counts his pennies carefully when making cash purchases for groceries - he does not personally have much cash.

      His proclamation that his children will not receive a large inheritance would also be a factual statement as the foundation is its own entity and does not 'belong' to him.

      Of course, this is all heresay and I have no hard evidence to back any of it up.

      --
      -- The universe began. Life started on a billion worlds...
      -- Except on one where stupidity was there first.
  5. Good job! by Anonymous Coward · · Score: 0

    Companies dont give two sh1ts about the employee.
    Sue em. its the american way.

  6. What's that, about 1/1000th of a cent for each LED by Anonymous Coward · · Score: 0


    EVERYTHING has those damn blue LED's in the last couple years

  7. Great! by sinner0423 · · Score: 1

    Now give some money to this guy too, and we're square.

    1. Re:Great! by ackthpt · · Score: 1
      Now give some money to this guy too, and we're square.

      Ever see the story of the guy who invented the Weed Whacker? Toro (IIRC) brought so many lawyers to court he couldn't afford to fight them. I don't think he ever got 1 cent.

      --

      A feeling of having made the same mistake before: Deja Foobar
  8. Man... that's harsh. Good for Nakamura tho by ackthpt · · Score: 3, Informative
    My dad worked for decades for one of the largest corporations in the world, as an engineer and developed many things which were patented by the company. He got to hang the patent on the office wall, but got little if any compensation for it.. the view being that his salary was the compensation he'd agreed to under the terms of his employment. Inventing things was part of his job.

    About 10 years ago a friend took another stance and left an employer after they patented his (very profitable) invention and licensed it, but gave him no bonus for it (the product incidental to their core competency.) He started his own consulting company and keeps all his IP now.

    --

    A feeling of having made the same mistake before: Deja Foobar
  9. Is this for real? by NeoSkink · · Score: 4, Funny

    A first post, on Slashdot, that is actually interesting/informative? Nah! It must be a trick...

    Or is this a sign of the comming apocalypse?

    1. Re:Is this for real? by Anonymous Coward · · Score: 0

      I think this is the point where you cue in "Admiral ackbar: 'its a trap'"

      And all other posts are links to goatse.cx

    2. Re:Is this for real? by furchin · · Score: 1

      ... And by Lindsay Lohan no less!

    3. Re:Is this for real? by fm6 · · Score: 1

      He/she is actually a Lindsay stalker. So the get-a-life factor is not totally absent...

  10. GODZIRRA! by Anonymous Coward · · Score: 0

    Ahhhh!

  11. I'm Blue by CKnight · · Score: 1

    So this is the guy I thank for the blue glow on my cell phone?

    The green was getting lame.

    Worth 8 mil to me.

  12. Cheap by Aggrazel · · Score: 1

    $8 mil is a drop in the bucket, this guy got screwed.

    1. Re:Cheap by the+grace+of+R'hllor · · Score: 1

      $8 million is enough to retire on, if you play your cards right, so who cares?

    2. Re:Cheap by tgrigsby · · Score: 4, Insightful

      Ok, let's review:

      o Most of us can't earn 1 million in a decade.

      o This guy has enough money that, if left in a simple account earning 5% (compounding left to the accountants), he could live off the interest of $400,000 a year.

      o That's a crap-load more than I make in a year.

      o He worked hard, but no harder than I work, and in some instances, no more hours than I work.

      o He got paid to do what he was doing.

      Should he have gotten paid more? Oh, hell yeah. Should the company have appreciated him more? Well, duh. Now the genius has left and they're stuck with whatever they've got to work with. They screwed themselves while screwing him. But to call $8 million a drop in the bucket is beyond cynical.

      While I'm not sure I agree with the decision of the court in terms of prior agreement of compensation, it certainly is just. The good guy won in the end, and he got the bonuses et al that he richly deserved.

      --
      *** *** You're just jealous 'cause the voices talk to me... ***
    3. Re:Cheap by bs_02_06_02 · · Score: 1

      And if Japanese settlements are like anything in the US, he paid the lawyers most of it, and the rest went to taxes. He'd be lucky to come home with enough to pay off his mortgage.

      --
      -- No sig for you!
    4. Re:Cheap by iamacat · · Score: 2, Insightful

      Oh come on. Say I bought a really good business skills book, just followed its instructions to the letter and somehow lucked out and made billions. Then later the author shows up, tells me he is barely making ends meet and asks for more money. I sure as hell hope I don't legally owe him money. Otherwise I have to keep paying perpetual royalties on all books, software, music, movies that I bought and put to good use. That's what the bad guys want, right?

      It's a different story if the inventor of the blue ray was enticed to work hard on a modest salary by promises of a sizable reward if he created something of value. Then it's up to jury to decide how much reward was implied. $8M sounds about right.

    5. Re:Cheap by Catbeller · · Score: 2, Informative

      copyright v. patent.

      A book is copyrighted, the ideas in it are not.
      A patent is a protected idea, stated most simply.

    6. Re:Cheap by iamacat · · Score: 1

      I don't see how it makes a difference. You can sell your knowledge to other people and after that you can't complain just because they are using it.

    7. Re:Cheap by twistedcubic · · Score: 1


      A patent is a protected idea, stated most simply.

      In many coutries, a patent is a protected invention. In the U.S., a patent is a protected [any idea you can get by the patent office.]

    8. Re:Cheap by Anonymous Coward · · Score: 0

      You're missing the point. The Japanese law states he should be been rewarded due to the exceptional work he did and exception money he made for the company. He is not working in the US under an American company's "we are own all your base" contract.

    9. Re:Cheap by loshwomp · · Score: 1
      This guy has enough money that, if left in a simple account earning 5% (compounding left to the accountants), he could live off the interest of $400,000 a year.

      Ah, but unfortunately for Mr. Blue LED-san, simple interest-bearing accounts in Japan pay out about 0.1% per year.

    10. Re:Cheap by tgrigsby · · Score: 1

      He is not working in the US under an American company's "we are own all your base" contract.

      Spoken like a man that's never owned a business: sincere, heartfelt, and inexperienced. Look, if he wants to develop blue LEDs in his garage, he's certainly free to do that. If I invest money in him to get the job done with the agreement that I own what he creates and he expressly agrees to that by accepting employment in my company, then the bargain has been struck and, as a matter of honor, which they do recognize in Japan last I checked, he should live by that.

      Now, having said that, and if you're not already posting a heated reply, let me state that I still think he went way beyond the call of duty in a very literal sense. He earned something extra, something juicy and wonderful like a phat ("ph" intended) bonus and large recognition. What you're saying is that Japanese law states that such recognition and bonuses are required. I'm a bit more free-market thinking than that, so I have mixed feelings about the government forcing me to give someone more than was agreed upon -- I feel that I should be able to choose whether and how much to "appreciate" my employees -- but I'm glad to hear that a company that wasn't ready to appreciate him at all was forced to do the right thing.

      I can't tell you how many times I've looked at my brand new mug with the company logo on it, compared it to the huge bonuses and recognition that the high-level managers got for my work, and thought that there was a huge injustice occurring. But your comment about "we are own all your base" is just plain naive. You agree to the terms of employment or you don't. You're free to negotiate at the time of employment, work for someone else, or even for yourself if you choose to do so, even in Japan.

      --
      *** *** You're just jealous 'cause the voices talk to me... ***
  13. Great news! by Mindjiver · · Score: 1

    Thanks to Nakamura I have way coolest watch of all my friends. Pimpin ain't easy

    Thanks for all the ass Nakamura.

    --
    I know not what course others may take; but as for me, give me liberty or give me death!
    1. Re:Great news! by Anonymous Coward · · Score: 0

      I love the pimp cheat sheet!

    2. Re:Great news! by Anonymous Coward · · Score: 0

      Well, to be honest that doesn't look like a Pimping accessory.

      Pimp/Pimped out stuff is typically god-awful tacky, over-the-top, tasteless crap. This actually looks kinda cool :)

  14. Re:What's that, about 1/1000th of a cent for each by Anonymous Coward · · Score: 0

    And everything I own with one has tape covering it. I like my rooms to be dark when I turn the lights off.

  15. Re:What's that, about 1/1000th of a cent for each by ackthpt · · Score: 1
    EVERYTHING has those damn blue LED's in the last couple years

    Except KMart...

    blue LED special in aisle twelve on dove bath soap...

    --

    A feeling of having made the same mistake before: Deja Foobar
  16. No reg required by elecngnr · · Score: 4, Informative

    For those who would like to read a similar article without having to give out information:

    http://www.japantimes.co.jp/cgi-bin/getarticle.pl5 ?nn20050112a1.htm

    and here:

    http://www.out-law.com/php/page.php?page_id=bluele dinventorse1105540939&area=news

    Pretty nice chunk of change for this guy. Although the company made quite a cunk themselves off of his work.

    --
    Having done so much with so little for so long, I now can do anything with nothing at all.
  17. He was working for them at the time by Ironsides · · Score: 3, Insightful

    It's nice to see "the little guy" get one over on the "anything you think, we own" mentality of the big corporations. Produce a product on company time, yeah that's work for hire, but this bullshit of "you made X 3 years after you left the company, but we still own it" has to stop.

    He was working for the company, on company time, at the companys direction (after he asked the company president to be assigned to do work on blue lasers), using company equipment. The guy who invented the Flourescent lightbulb for GE didn't get as much as the company initially offered this guy.

    --
    Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    1. Re:He was working for them at the time by lordkuri · · Score: 1

      my statement was more of a general rant about the practice of that. I realize it doesn't really apply *in this case* but the rant itself is still valid I think ;)

    2. Re:He was working for them at the time by BJH · · Score: 3, Informative

      In actual fact, the company tried for several years to abandon the line of research that eventually lead to his breakthrough, in favour of pursuing the same methods that other researchers had completely failed to get working.

      Not to mention that he also spent his own money on some of the equipment used.

      On top of which the company offered him a $200 "bonus" for his patent, which is estimated to be worth $1.2 billion to the company (in profit).

    3. Re:He was working for them at the time by Anonymous Coward · · Score: 0

      Valid rant, but off topic, then?

    4. Re:He was working for them at the time by Catbeller · · Score: 2, Interesting

      "He was working for the company, on company time, at the companys direction (after he asked the company president to be assigned to do work on blue lasers), using company equipment."

      And so? He still won. After all, in the U.S., the only thing that matters is winning. That's how corporations got the "if you invent it, it's ours" expectation: they won in court.

      Apparently, custom and law is different in Japan than in the U.S.

      "The guy who invented the Flourescent lightbulb for GE didn't get as much as the company initially offered this guy."

      Too bad for that schmuck, then, that he worked for GE in America.

      Seriously, what incentive is there for an engineer to create something world-changing if he gets $200 and an attaboy memo for his trouble? Maybe a wave of innovation will now sweep Japan's R&D labs. The kids can make some bucks now. Maybe we should be turnin' Japanese, I really think so.

    5. Re:He was working for them at the time by ZorinLynx · · Score: 2, Insightful

      This is what bothers me about corporate greed. People do things that make their company BILLIONS of dollars, and don't get compensated. You'd think that if someone got a few million for every invention that makes a company a few billion, they'd be that much more motivated to come up with amazing new things.

      I have a friend who managed to catch an accounting error that saved the company millions of dollars. He didn't even get a BONUS that year. If I were the CEO and I found out an employee saved us millions, I'd at least drop him a $50,000 bonus check or something, since the money wouldn't be there at all if he hadn't caught it.

      Don't corporate managers see the need to reward employees for their hard work?

      -Z

    6. Re:He was working for them at the time by Grishnakh · · Score: 1

      Maybe a wave of innovation will now sweep Japan's R&D labs. The kids can make some bucks now. Maybe we should be turnin' Japanese, I really think so.

      As we can see from this case, the sense of honor still survives in Japanese society, whereas it has long since left American society.

    7. Re:He was working for them at the time by Anonymous Coward · · Score: 1, Insightful

      Don't corporate managers see the need to reward employees for their hard work?

      If enough employees continue to work hard without any reward other than their base salaries, then there IS no need to futher reward them.

      For various reasons, working hard is seen as an indication of character and of self-worth. What employment really is, though, is a cold business transaction.

      An employee exchanges work for money. If the business can get the same work for less money, that's considered to be a good thing for the business. It is also considered good if a business can provide less service and/or goods to its customers if they can get the same payment; that's called "maximizing profits".

      Well the same goes for employees -- providing as little work as possible in exchange for the same salary is maximizing the employees' profit. After a few years of working, most American workers realize they can literally work themselves into the grave, and they will not be rewarded for it by their companies. So they stop putting forth extra effort. This is why American workers get labeled as "lazy" so often -- but it's actually a quite rational response to the environment we're stuck in.

      If the C-level execs can keep the workers busting their tails off with threats of their jobs being outsourced, or just convince the proles that they have better characters if they work their lives away, why wouldn't they do so? Paying in "spiritual" coin is cheaper than paying in real ones, and it certainly does maximize shareholder value, doesn't it?

      This is why they don't reward extra effort -- most of us are too stupid and will work hard without that reward.

    8. Re:He was working for them at the time by anonicon · · Score: 1

      "Don't corporate managers see the need to reward employees for their hard work?"

      Sure, they get to keep their job instead of seeing it outsourced to the Philippines.

      Chuck

    9. Re:He was working for them at the time by servognome · · Score: 1

      This is what bothers me about corporate greed
      So individual greed is better? The company invests alot money and takes the risk in these inventions, lab space, equipment, materials, and salary are not free. For every one successful product, there are dozens of failed products. Further, the invention itself doesn't instantly net dollars, it requires further millions of investment to develop manufacturing techniques and capacity as well as marketing.
      If your job is to invent things, you get salary to invent, whether the things you create net $0 or $1 billion. If you want a % of profits decide that up front in your contract, not after the fact.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    10. Re:He was working for them at the time by Anonymous+Custard · · Score: 1

      I have a friend who managed to catch an accounting error that saved the company millions of dollars. He didn't even get a BONUS that year. If I were the CEO and I found out an employee saved us millions, I'd at least drop him a $50,000 bonus check or something, since the money wouldn't be there at all if he hadn't caught it.

      He should write a letter to the company's customers and investors describing how the company leaves critical accounting bug finding to luck and the goodwill of unpaid (unrewarded) workers.

      The people who do such a good job that you start to take the stability and results they enable for granted often get taken for granted themselves.

    11. Re:He was working for them at the time by antirename · · Score: 1

      Ha Ha. You must be kidding, right? I get daily assignments like this: "Ok, we have a contract with company x to do y. Now we want z too, but they say it's not in the scope of work. They want $20,000 and three weeks. Can you have that for me in the morning?" Happens all the time; that kind of bullshit takes up about a quarter of my workweek. Another quarter is spent cleaning up/testing/cleaning up some more code a contractor wrote. And, on paper, I'm not a programmer. I didn't go to school for it, and I'm supposed to be an R&D engineer. Now, 10-30K saved per problem adds up over the course of a year. Did I get a raise when I asked for one? No. Will they let me train a backup/helper? No. (They let me hire one, but I'm not allowed to train him out of fear, apparently, that I'd quit for greener and less stressful pastures as soon as someone was there to take over. To all of you in college out there: attaboys don't pay your bills, you will NEVER see them on paper, and you're better off working for yourself and charging that 30K on your own. I learned that one the hard way.

    12. Re:He was working for them at the time by maxpublic · · Score: 1

      People do things that make their company BILLIONS of dollars, and don't get compensated.

      Sure they do. It's called a 'paycheck'.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    13. Re:He was working for them at the time by T-Ranger · · Score: 3, Insightful

      The flip side of that is that if you, as an employee does something that causees the company to loose money, they are not going to go after you for the difference.

    14. Re:He was working for them at the time by 91degrees · · Score: 1

      Well, it's your own fault for continuing to work there.

      Actually that's a little unfair, but really, they don't seem to value you as an employee so you owe them no loyaltee. It's time to look for a new job. You're in a good position to, you have nothing to lose, something to gain, and it means that employers have marginally more incentive to value their employees.

    15. Re:He was working for them at the time by antirename · · Score: 1

      Yeah, I know. I'm just trying to exit gracefully without screwing over people who have come to be friends. It'll suck if I can't do that and have to just leave, though. I wasn't saying that it was anyone else's fault I stayed too long.

    16. Re:He was working for them at the time by milkman_matt · · Score: 2, Insightful

      I liked the idea in an earlier post saying that "if a company makes 3b on an invention, why not kick down a couple million to the person who created it" which I'm sure this would apply to a team who invented something as well.

      Afterall, in the corporate vs. individual greed I figured, why shouldn't individual greed win out. Corporate greed means people make less, are less appreciated, and therefore less happy, thus they don't come up with the things they may have come up with and this affects the company negatively. If an employee is WELL rewarded for an ingenious invention, then they will be far more likely to work harder and make the company far more money. Thus, the company benefits from individual's greed, however the reverse is not true.

      HOWEVER: this post brought up a problem with that theory, a big problem. The company is going to put a LOT of money into backing the 'idea' even if it is come up with by an employee. The company takes all of the risk, why should they not get all of the reward? Sure, a small fraction of the reward could go back to the inventor, but what if that product is a failure, can we honestly expect the company to ask the inventor for a fraction of the total cost of backing the idea? Say the company LOSES 3b on the idea, should they ask the employee for a couple million (or the equivelent of the reward the employee would have received for MAKING the company 3b instead of losing the company 3b?)

      It's like the inventor wants a reward for doing well, but accepts none of the burdon of failure. I for one think it's great if a company rewards you for something that makes them a ton of money, in fact, I think all companies should do that. If you make them that much, it's the least they can do. Plus there's the benefit of a happy workplace that wants nothing more than to impress the company and bring them more kickass products. But from the company's perspective, I can see why they would see that as kind of one sided.

    17. Re:He was working for them at the time by Anonymous Coward · · Score: 0

      Thats actually how japan has worked for a verry long time and still does for the most part. Big bonuses for even regular tasks & pojects is not unheard of. Something like this $200 mill an't exactly news. The company trieing to get out of paying him however? Thats news.

    18. Re:He was working for them at the time by statusbar · · Score: 1

      If they are truly friends then they would understand if you had to leave 'non-gracefully'.

      --jeff++

      --
      ipv6 is my vpn
    19. Re:He was working for them at the time by HyperCash · · Score: 1

      No, they'll just fire your ass.

      Really now.

      --HC

      --
      So I'm jump'n up and down screaming show me the money.
    20. Re:He was working for them at the time by d'fim · · Score: 1

      Good point. Some executive loses face, maybe loses a bonus or a promotion, and the worker bee loses it all.

      --
      What are "Q-Lar" weapons and why does the president think that we need new ones?

      --
      Adherence to the truth is a form of disloyalty.
    21. Re:He was working for them at the time by eison · · Score: 1

      Nope, it's called doing your job.

      It would be tremendously dangerous to reward this. People behave in line with their rewards. Financially reward people for finding errors, and you will find that they add errors to be found.

      --
      is competition good, or is duplication of effort bad?
    22. Re:He was working for them at the time by lew3004 · · Score: 2, Insightful

      As a manager I've seen both sides of the coin: the one you mention where workers generally realize that they're maximizing their profit and strangely enough the more recent response of "We're just lucky to have a job." Both are legitimate responses to economic activity, however both are also the product of corporate brainwashing. Think about it. Don't reward the workers for jobs well done then outsource for cheaper labor due to "lack of efficiency and / or productivity". Now you want to resource for logistic purposes and people are thankful for a job at a 50% salary cut; and GRATEFUL to have it. Nonsense.

      --
      I still can't get the screen shots of Castle Wolfenstein for the Apple IIe out of my head.
    23. Re:He was working for them at the time by ErikZ · · Score: 1

      Will they let me train a backup/helper? No. They let me hire one, but I'm not allowed to train him out of fear, apparently, that I'd quit for greener and less stressful pastures as soon as someone was there to take over.

      Are you serious? Ok, here's what you do, you train the guy you hired anyways. What are they going to do? Fire you? They're already afraid you're going to leave if you train the guy.

      --
      Democrats or Republicans. They are both taking us to the same place and they are not afraid of us anymore.
    24. Re:He was working for them at the time by AhBeeDoi · · Score: 1

      I too prefer personal avarice to the corporate variety. It's so cold and informal, not like hot footing down to the Mercedes dealership.

    25. Re:He was working for them at the time by grrrl · · Score: 1

      He was working for the company, on company time, at the companys direction (after he asked the company president to be assigned to do work on blue lasers), using company equipment.

      well i'm sure if he could afford his own equipment he wouldnt have been working for them - do you have any idea how much money is required to perform this sort of research?? and how much time and effort? its not like he sat around thinking and went "oh whoops - hey look at this!"

      face it - he worked his ass off and got shafted for it.

      you think hollywood brain dead deserve more money for one crappy movie than the inventor of some freaking amazing technology that puts billions into the company and pushes electronics to a new level?

      without this guy there would be no blue LEDs, no blue lasers, no blu-ray or HD DVD, and he gets $8 mil. makes me sick. he should be living it up on his own island or soemthing... someone deserving of that sort of money.

      tho he'll prolly keep working til hes dead!

    26. Re:He was working for them at the time by whitis · · Score: 1

      HOWEVER: this post brought up a problem with that theory, a big problem. The company is going to put a LOT of money into backing the 'idea' even if it is come up with by an employee. The company takes all of the risk, why should they not get all of the reward? Sure, a small fraction of the reward could go back to the inventor, but what if that product is a failure, can we honestly expect the company to ask the inventor for a fraction of the total cost of backing the idea? Say the company LOSES 3b on the idea, should they ask the employee for a couple million (or the equivelent of the reward the employee would have received for MAKING the company 3b instead of losing the company 3b?)

      The company that cries foul there would be like the pot calling the kettle black. The company is usually "incorporated" under laws that say that if the owners make money, they get to keep it but if they lose money the management is not liable. They may lose money from other sources of income but if they go belly up, they are not liable. And companies frequently create subsidiary companies to limit the the main company's liability from loses in a particular business unit. Employees are likely to lose their job if they lose the company money (or even if the company loses money in general) and unlike management, the employees don't have golden parachutes or receive compensation that is substantially higher to start with than their living expenses. Did the company take all the risk? Hardly.

      Also interesting in this case is that the company apparently lost money on his previous inventions even though they were valuable. Yes, it is hard for a little fish to compete against the big fish in the pond. What is surprising is that they didn't cash in by licensing the rights to another big fish that could compete in the marketplace but lacked the technology to do so.

    27. Re:He was working for them at the time by quarkscat · · Score: 1

      The difference between working for a Japanese
      company and a USA company -- when working for
      the Japanese company, you can expect SOME
      compensation eventually for your inventions
      even if you have to sue your employer to get
      it. This would/could NEVER happen with a USA
      company with the current USA system of justice.
      In the USA it would be an "atta boy" and maybe
      a little something extra in the pay envelope,
      and at worst, worthless stock options.

    28. Re:He was working for them at the time by 91degrees · · Score: 1

      Fair enough. It's just surprising how often getting a new job just doesn't occur to people.

    29. Re:He was working for them at the time by SagaLore · · Score: 1

      Why train anybody at all. Just leave for greener and less stressful pastures, and let them deal with your absense.

  18. Re:Man... that's harsh. Good for Nakamura tho by pixelpusher220 · · Score: 1

    But does he keep the IP of *his* employees?


    --
    People in cars cause accidents....accidents in cars cause people :-D
  19. The courts set a bad precident here... by zoobaby · · Score: 1

    The courts just left other Japanese companies open to suits over patents. The inventor was working for them and invented the LED with there equipment. Thus the patent belongs to the company. I am shocked that he actually won the first round, and then settled before the appeal went through. Being recognized is important, and the revenue he made for the company is huge, but let us be realistic here. He was doing his job and is compensated for that.

    1. Re:The courts set a bad precident here... by scharkalvin · · Score: 1

      Depends on his employment agreement. Some employment contracts do NOT give the company total ownership of an employee's discoveries on the job. Could be there was a loophole in his agreement and he took advantage of it.

    2. Re:The courts set a bad precident here... by BJH · · Score: 2, Informative

      No, there was a Japanese law enacted a while back that entitled employees to "fair compensation" for discoveries that result in large profits for their employer.

      Of course, like most Japanese law, it lays down no guidelines whatsoever as to the meaning of terms like "fair", which is why Nakamura got the shaft and Nichia stands to make over a billion dollars.

    3. Re:The courts set a bad precident here... by thpr · · Score: 1, Interesting
      Could be there was a loophole in his agreement and he took advantage of it.

      Which frankly, if true, puts him in a worse ethical light than the company that provided a $200 bonus for the discovery.

      While I realize that "looking for the loophole" is a classical American sport, no one is "in the right" in this case. They both deserve to lose, it's just too bad the spoils go to the lawyers.

    4. Re:The courts set a bad precident here... by jxyama · · Score: 1
      this is not the first lawsuit of this kind. see my other posts.

      and japan isn't quite full of "oohhh, there's a precedent now!!! let's go get them $$$" lawyers... :D

    5. Re:The courts set a bad precident here... by Bigby · · Score: 1

      Sounds like the good olde' U. S. of A.

    6. Re:The courts set a bad precident here... by robocrop · · Score: 0
      A perfect example of how "bad" is a completely subjective term.

      I love this canned response - he was paid for doing a job, he agreed to do the job, so everything he invented belongs to his employers - because it takes a very telling position: that employers exist to exploit employees, and one should never be able to change their mind. Essentially that contracts only exist to help employers screw people over.

      Big deal he signed an employment contract that said he'd be paid $40K (or whatever) to do "his job". At the time of the contract I doubt anyone knew he'd be inventing this thing. So once he has invented it he certainly has the right to challenge the agreement (which he did) and the courts have the right to side with the employee (as they did). This doesn't set a bad precedent.

      People need to stop thinking like drones. Employees make companies, not the other way around.

    7. Re:The courts set a bad precident here... by Grishnakh · · Score: 1

      No, there was a Japanese law enacted a while back that entitled employees to "fair compensation" for discoveries that result in large profits for their employer.

      I find it ironic that this guy is complaining about the decision and the Japanese legal system, and urging researchers to go to the USA instead. We don't have any such law here! Maybe that Japanese law is vague, but it's a lot better than what we have, which is nothing. If he had invented that diode here, he would have been lucky to get a standard $1000 or whatever that companies give to employees that earn them patents.

      If I were him, I'd be happy with the $8 million. The only way you'd ever see that much money in America if your whole lifetime as a researcher is if you own your company.

    8. Re:The courts set a bad precident here... by Anonymous Coward · · Score: 0

      Oh my goodness. Somebody was justly compensated for their work? Why that goes against everything capitalism stands for!

      Hey, wait a minute...

    9. Re:The courts set a bad precident here... by Gewis · · Score: 1

      Yes, the patent belongs to the company, but they should be handing over royalties to the man who created the technology. Without him, their entire foundation is crap. Hundreds upon hundreds of millions of dollars will be in this company's pockets as a result of his work, and you think his regular salary is compensation for the benefit he provided Nichia?

      Why, uh, yes, you just found information leading to the return of my kidnapped daughter, who is very VALUABLE to me. Here's a couple hundred bucks. Now go screw yourself.

  20. No reg. link by Clockwurk · · Score: 2, Informative
  21. Please note... by BJH · · Score: 4, Informative

    ...Nakamura held a press conference (Yahoo Japan link) after the settlement was reached, where he said he considered the result to be a "total loss", described the Japanese legal system as "rotten", and urged researchers in technical fields to move to the US (he currently works at the University of California).

    Meanwhile, the CEO of Nichia held a separate press conference where he announced that real researchers do it for the joy of technical achievement, and not for mere monetary compensation. What an asshole...

    1. Re:Please note... by Anonymous Coward · · Score: 3, Funny


      --- of course he didn't continue on to point out that several of his best friends are CEO's who work for the joy or organizational achievement, not mere monetary compensation.

    2. Re:Please note... by BJH · · Score: 1

      Precisely.

      In his modesty, he also failed to mention that Nichia, far from being the money-grabbing bunch of wankers they appear to be to the casual observer, is actually one of the world's largest charitable organisations, responsible for donating millions of dollars from its billion-dollar profit to worthy causes, purely for the satisfaction making other people happy gives them.</sarcasm>

    3. Re:Please note... by Anonymous Coward · · Score: 0

      tfa, verbatim from babelfish:

      "As for the Nakamura professor Japanese administration of justice system rotting, the " The blue light-emitting diode (LED) with the lawsuit which is related to the invention compensation, the inventor of the plaintiff who responds to reconciliation on the 11th, Nakamura learning/repairing two American California large sun Taba - rose school professor (50) on the 12th, the reporter to interview inside the Tokyo, "(as for reconciliatory contents) 100% being defeated. It is driven by reconciliation, it is the anger heart head ", and so on you said. Concerning approximately 600000000 Yen of reconciliatory amount "(the judge) putting out the amount which meaning does not understand, ' reconciliatory margin ' with you say. As for the Japanese administration of justice system rotting, you think as the ", that it was angry. Professor Nakamura on the 11th, the day sub- chemical industry of the defendant (Tokushima prefecture Anan city) from 608570000 Yen (delay damage gold including 843910000 Yen) with the contents which receive the payment was reconciled in Tokyo high court. It was substantial reduction from decision 20000000000 Yen at 1 making clear Tokyo district court. Looking at reconciliatory plan, "it can win Professor Nakamura even with 1%, if is with insisted to the attorney high to the Supreme Court", but from the attorney "(the possibility where it can win) zeros or less" is said and it responded to reconciliation that says. The degree of contribution for invention 5% concerning the point which is done in order "(Tokyo high court) to protect big business, because it probably decides the upper limit of amount first. The judge of 1 making clear securely criticized in the fact that the document has been read ". The spearhead was directed even in the Japanese society. "Inventing this much, 600000000 Yen. After all Japan literature society. The individual is not respected, ' gung ho consequence ' with it is the system which is said at big business. The person of the science which has capability should come to the United States ". When future activity can be asked, "it is delightful to be able to devote to research. In addition, newly we would like to challenge ", that you expressed, rounded off the" German performing meeting ". On the one hand, that President Eizi Ogawa of day sub- chemical industry on the 12th, the reporter interviewed in the head office, "after being the prospect that almost it can recognize the insistence of company side with the high court, by the fact that it concludes lawsuit, plus with judged even in the management aspect" and so on, it explained. As for President Ogawa furthermore "as for the research developer we have tackled with interest, the pleasure is felt in the technical result. As for the person who is replaced to the money simply it is not many so ", that, Professor Nakamura was criticized indirectly. (Everyday the newspaper) - January 12th 22:29 renewals

    4. Re:Please note... by Anonymous Coward · · Score: 0

      Huh? Light-green LED? I thought we were talking about blue-light LED...

    5. Re:Please note... by CodeBuster · · Score: 3, Funny

      In the words of Dilbert, "How about I trade you my joy of technical achievement for your raise and bonus?"

      The joy of achievement alone may be enough wherever this guy lives (la la land maybe?), but here in the real world we take cash on the barrel head...accept no substitutes.

    6. Re:Please note... by Anonymous Coward · · Score: 0

      A total loss? He can take his $8 million and sob all the way to the bank.

    7. Re:Please note... by BJH · · Score: 1

      It's spin, pure and simple. The reaction of the press in Japan to Nakamura's announcement seems to tend toward criticism of his lack of taste in saying that he considers a settlement of $8 million to be a loss. The Nichia CEO knows it and is trying to play up that angle.

    8. Re:Please note... by Grishnakh · · Score: 1

      Meanwhile, the CEO of Nichia held a separate press conference where he announced that real researchers do it for the joy of technical achievement, and not for mere monetary compensation. What an asshole...

      This sounds just like my CEO, who renewed his push for encouraging young people to go into engineering in spite of outsourcing concerns. While there may be an argument that outsourcing isn't as dangerous to the profession as some fear, this CEO's logic was the same as Nichia's: that they should do it because it's fun or interesting or whatever, not because of money.

      It's easy to talk like this when you're making several million dollars per year just in salary, not including stock/options, bonuses, etc.

    9. Re:Please note... by chialea · · Score: 1

      >The joy of achievement alone may be enough wherever this guy lives (la la land maybe?), but here in the real world we take cash on the barrel head...accept no substitutes.

      Well, there certainly do seem to be a lot of places in the real world like that. Open source software springs to mind as an example. Researchers all over the world give their discoveries and inventions freely.

      I take that back; many wish for recognition in their field, and money enough to live and pursue their work unhindered. Royalties, however, are not sought by many in the "real world".

      Lea

    10. Re:Please note... by siskbc · · Score: 1
      Meanwhile, the CEO of Nichia held a separate press conference where he announced that real researchers do it for the joy of technical achievement, and not for mere monetary compensation. What an asshole...

      Nakamura should ask him if the same is true of "real" CEOs.

      --

      -Looking for a job as a materials chemist or multivariat

    11. Re:Please note... by LaCosaNostradamus · · Score: 1

      Of course your CEO did. The more engineers he can choose from, the lower his costs to employ them. He'd love to have millions of unemployed engineers in America, China and India to choose from. Capital + Engineers + Energy + Time = Products. He's just trying to sucker people into reducing the costs of the 2nd term in his vicious business equation.

      Note he didn't encourage those young people to go into MBA programs. The last thing he needs is competition in the supply of business executives.

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
    12. Re:Please note... by Anonymous Coward · · Score: 0

      When last I worked for a Japanese company (NEC) they did NOT offer stock options, which were considered unethical and are (or were) illegal in Japan.

    13. Re:Please note... by Tablizer · · Score: 1

      Meanwhile, the CEO of Nichia held a separate press conference where he announced that real researchers do it for the joy of technical achievement, and not for mere monetary compensation. What an asshole...

      Perhaps there are assholes who will be CEO's for the shear joy of being an asshole. Don't need to pay them millions.

  22. Thoughts about LEDs by doombob · · Score: 1

    Anyone else think that those blue LEDs emit the harshest light yet? Everytime I work on a computer with those things, it pains my eyes. Try going to sleep in a room when your roommate leaves his brand new computer on overnight. I think that guy should pay me.

    1. Re:Thoughts about LEDs by Anonymous Coward · · Score: 0

      As far as painfully bright LEDs go, I think superbright green is the most painful to look at. But I love it!

    2. Re:Thoughts about LEDs by Anonymous Coward · · Score: 0

      I have a blue led light on my right speaker, I have to turn it 180 before I go to bed at night, because it's pointing towards my bed, I can't get to sleep with it in the room. Even with it facing the wall it lights up my room somewhat. I do believe, infact, that it doubles as a fly-catcher, you've just got to put something sticky over the light, hrmm.

    3. Re:Thoughts about LEDs by Anonymous Coward · · Score: 0

      Blue/green light dissipates more than light at the other end of the spectrum. That's why you see more "flare" around a blue/green light and it tends to light up a dark room more than a red LED.

      That's why we don't use blue for traffic lights or on cars except for emergency vehicles. Red and amber are much easier to see clearly in bad visibility.

      The blue LED on every device fad is starting to get a bit old.

    4. Re:Thoughts about LEDs by stratjakt · · Score: 1

      Your eyes can't focus on higher spectrum lights up in the blue/violet range as easily as they can in the reds, or even greens. So this is a natural phenomena. Blue text tends to get "fuzzier" at a shorter distance, etc. Heck, try it yourself with some words written in blue, green, and red, and see how far away each can be read from.

      Remember those "BlueBlocker" sunglasses? They really do let you see sharper and clearer, because they block out the blue, and your eyes have an easier time focusing.

      Of course, creating blue light by way of a semiconductor goes beyond just blinging up your PC. BluRay and HD-DVD technology is a direct result of this invention.

      --
      I don't need no instructions to know how to rock!!!!
    5. Re:Thoughts about LEDs by Anonymous Coward · · Score: 0

      Recently at my job we picked up a USB external HDD. It has this blue LED on it. We ended up getting a lazer printer lable and putting it over the light. Then pulling it off, tearing it in half, and putting both halfs over the light. From across the room (it's a small room) I would look over at my co-worker and be blinded by the blue LED. It was both amazing and terrible.

  23. Re:Man... that's harsh. Good for Nakamura tho by ackthpt · · Score: 1
    But does he keep the IP of *his* employees?

    He is his only employee, he contracts for engineering jobs and conditions of contracts stipulate any invention in the carrying out of that contract remains his, or he doesn't accept the contract. Simple as that.

    --

    A feeling of having made the same mistake before: Deja Foobar
  24. Re:Man... that's harsh. Good for Nakamura tho by Tablizer · · Score: 5, Insightful

    Morale could be helped a lot by sharing the wealth and kudos. It does not help if a company earns 50 million off of an employee's idea, but only gives him/her a T-shirt. What message does that send to employees? At least give the inventor a nice fat bunus. Some people and companies are just so fucking greedy that it blows the mind. Their greed is beyond rationality. If you want yet another 50-million invention to come along, then share the wealth a bit to prime the pump for the next idea. Otherwise you are just biting the hand that feeds your greed.

  25. no compensation? not quite... by jxyama · · Score: 1
    >never received any bonuses or royalties

    i realize it won't change the principle of things at all (none whatsoever), but he was compensated to a 20,000 yen bonus. that's less than $200. but it wasn't "nothing."

    1. Re:no compensation? not quite... by Anonymous Coward · · Score: 0

      No, it's worse than nothing; it's insulting. His invention is easily worth billions.

  26. Total Tax comes to by Ironsides · · Score: 1

    Using the IRS tax calculator the total income tax on 8 Million comes to: $2,778,720. Thats assuming it is recorded as earned income and/or dividends and that royalties are not recorded as something else. That puts him in the %34.7 tax bracket which is the highest one the USA currently has. It's also more than double what I am paying at %14.2.

    --
    Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    1. Re:Total Tax comes to by Frostalicious · · Score: 1

      That puts him in the %34.7 tax bracket which is the highest one the USA currently has.

      Why would Mr. Nakamura, as a Japanese citizen working in Japan, pay the IRS anything?

    2. Re:Total Tax comes to by BoomerSooner · · Score: 1

      So the IRS taxes people in Japan?

    3. Re:Total Tax comes to by BJH · · Score: 1

      That would be true, except for the fact that he now lives and works in California (specifically, at UCSB).

    4. Re:Total Tax comes to by Ironsides · · Score: 1

      He is currently residing in the USA in California at University of California, Santa Barbara. I don't know if he is a US citizen or not, but since he is living in the US it might be taxable. (And people living in the US and working under Green Cards still pay taxes btw)

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    5. Re:Total Tax comes to by xenocide2 · · Score: 1

      But the income would be foreign, and earned abroad. This income is generally not taxed as income in the US. Instead, he'll wind up paying Japanese taxes. Strange world we live in.

      Also I've heard much about forming a company, and paying yourself a salary. Apparently, corporate income taxes are smaller than the upper bracket of income. With a decent accountant, presumably one could reinvest that money however he sees fit, and take it as a write off against the lump sum income.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    6. Re:Total Tax comes to by MidnightBrewer · · Score: 1

      In which case he pays a flat 10%, according to the Japanese system.

      --
      "Give a man fire, and he'll be warm for a day; set a man on fire, and he'll be warm for the rest of his life
    7. Re:Total Tax comes to by BJH · · Score: 1

      But the income would be foreign, and earned abroad. This income is generally not taxed as income in the US.

      Not true if he has permanent residency in the US.

      Instead, he'll wind up paying Japanese taxes.

      If that does happen, it's not so great for him, though - for a sum this large, Japanese tax rates (including the equivalent of US state taxes) on this sort of income are around 50%...

    8. Re:Total Tax comes to by Tenebrious1 · · Score: 1

      Using the IRS tax calculator the total income tax on 8 Million comes to: $2,778,720. Thats assuming it is recorded as earned income and/or dividends and that royalties are not recorded as something else. That puts him in the %34.7 tax bracket which is the highest one the USA currently has. It's also more than double what I am paying at %14.2.

      Completely irrelevant, since it's a Japanese engineer suing a Japanese company in the Japanese courts.

      Even if it did happen in the US, it wouldn't be taxed at the 34.7% bracket since it's not salaried income, but taxed much higher like annual bonuses, closer to 50%. Or perhaps since it's court ordered it'd fall into some other obscure tax category and also be taxed near 50%.

      --
      -- If god wanted me to have a sig, he'd have given me a sense of humor.
    9. Re:Total Tax comes to by Anonymous Coward · · Score: 0

      "Also I've heard much about forming a company, and paying yourself a salary. Apparently, corporate income taxes are smaller than the upper bracket of income. With a decent accountant, presumably one could reinvest that money however he sees fit, and take it as a write off against the lump sum income." You could form an S-Corp; money the S-Corp earns passes through to shareholders as a distribution. However, if the owner/operator of such an entity does not pay him/herself a reasonable salary, the IRS gets very nasty about that sort of abuse. The salary you pay yourself is normal income, and as an added bonus you are responsible for both sides of taxes (employer and employee). C-Corp rates are lower at the bottom end, but there is very little you can do to take money out without it being income and subject to employment taxes (you can defer them with IRA's and such). In other words, forming your own corp is a planning strategy to reduce your liability and some small portion of your taxes. It is not a free money ticket.

    10. Re:Total Tax comes to by mindstrm · · Score: 1

      Are you sure about that? I know US citizens must declare their global income even if they don't live in the US, and haven't for years. There is an exemption of $60,000 or something if you don't live in the US at all and the income is also not from the US.. but.

      I'm fairly certain that as long as you are living in the US, your global income and assetts are taxable.

      The only way they would be exempt are via tax treaties, (ie: he's taxed on it in japan, so not taxed in the US). This depends entirely on the country in question.

      if this was settlement for work done years ago in japan, though, it's likely not taxable in the US anyway, as it was earned previously.

    11. Re:Total Tax comes to by Ironsides · · Score: 1

      see other post on this on why he would be taxes in USA
      http://slashdot.org/comments.pl?sid=135801&thresho ld=1&commentsort=0&tid=123&mode=thread&pid=1133784 3#11337996

      Info on the 50% tax rate is apreciated

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    12. Re:Total Tax comes to by randall_burns · · Score: 1

      He's a California resident-another $800K-$1000K will go to the state of California--also there is the lawyer's cut. Its still way too low-but for Japan, this is still a move in the right direction.

    13. Re:Total Tax comes to by Malc · · Score: 1

      So do H1bs (I used to be one). Tax residence doesn't always = immigration residence. I suspect it's probably more lenient and easier to get a tax liability ;)

    14. Re:Total Tax comes to by clodney · · Score: 1

      I've heard tales of this "near 50%" rate several times, but never seen any documentation of it. Can you cite a reference? (not trying to flame, I genuinely want to know if it is real or an urban legend).

      I can well believe that when you receive a bonus from a company, the income is treated like it is coming on top of your annual salary (which it is of course). In that case the tax rate paid on the bonus would be at a higher marginal rate than your ordinary paycheck. But so far as I know it still counts as ordinary income and standard rates apply.

    15. Re:Total Tax comes to by esanbock · · Score: 1

      In the US taxes tend to be regressive (the middle class pays for everyone else). That sounds counter-intuitive until you realize that social security is a 15% tax levied against income below $80k per year (the middle class).

      Forming an S corp, one could pay himself $30k as payroll and the rest as S-corp profits. The profits are only taxed at the income-tax level, meaning that while your middle-class friends are paying into social security, you are paying a much lower tax rate by avoiding payroll taxes, Dick-Chaney style.

      Most people don't even realize that social securiy is no longer deducted from income above $80k/year. Payroll taxes absolutely kill the middle class. Why the American public puts up with this is beyond me. Who gave the rich exemption from taxes?

    16. Re:Total Tax comes to by Anonymous Coward · · Score: 0

      Why would Mr. Nakamura, as a Japanese citizen working in Japan, pay the IRS anything?

      I believe Dr. Nakamura is now at UCSB...

    17. Re:Total Tax comes to by Tassach · · Score: 1
      Who gave the rich exemption from taxes?
      They gave it to themselves. Over half of the members of Congress are millionaires.
      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    18. Re:Total Tax comes to by Tenebrious1 · · Score: 1

      see other post on this on why he would be taxes in USA http://slashdot.org/comments.pl?sid=135801&thresho ld=1&commentsort=0&tid=123&mode=thread&pid=1133784 3#11337996

      He'll be taxed on the income in Japan since he is still a Japanese citizen; thus he's exempt from US taxes on that income thanks to the Income Tax treaty signed by the US and Japan early last year.

      --
      -- If god wanted me to have a sig, he'd have given me a sense of humor.
  27. Am I the only one... by Eagle7 · · Score: 2, Interesting

    ...who doesn't really get this? Sure, it's nice for a company to recognize thier employees with bonuses and such, but if I am hired by a company to invent and innovate *for that company*, then why do they owe me something (unless my contract says I will get a percentage of profits).

    On one hand, it is an idea coming out of my head, but on the other hand, the company is paying a constant salary, and taking all the risks that 1) my idea won't work, 2) it costs millions to make the idea profitable, or even 3) I never have any revolutionary ideas. I could keep that IP and the resulting money, but I'd need to front the capitol to live, do the research, patent it, make it profitable, etc.

    --
    _sig_ is away
    1. Re:Am I the only one... by Anonymous Coward · · Score: 0
      I'm a voter. Why should I vote to allow corporate executives to get rich if they aren't doing anything useful in my eyes? These corporate types are generally just thieves that have stolen so much money they need to start doing something useful-but can't get it together to do so.


      The interaction here isn't truly voluntary, because corporate interests have bought the political process to concentrate assets in their hands to the extent it is now hard to make a living without them.

    2. Re:Am I the only one... by kokoloko · · Score: 1

      then why do they owe me something (unless my contract says I will get a percentage of profits). Unless the contract states one way or the other what the arrangement is, it does not default to "owned by the company". There is law that governs this sort of thing. Clearly the Japanese court interpreted such that the inventor was entitled to additional compensation. Even the company did not take the line that he had contractually waived any claims over the rights.

    3. Re:Am I the only one... by twistedcubic · · Score: 1

      People in oher countries aren't as brainwashed by big business propaganda like us Americans.

    4. Re:Am I the only one... by Grishnakh · · Score: 1

      If I'm drawing a straight salary for doing my boring job every day, why should I bother thinking of revolutionary ideas, and then going to the effort of convincing people that my ideas are worth pursuing, writing up the patent, etc., if I'm not going to get any more? I can spend my extra time at home working on hobbies instead, and get a lot more satisfaction, and not have to watch as some corporate executives, who couldn't invent anything at all, make tons of money off my ideas.

      The most you can hope for in this country with a great invention is a promotion, which gives you a small raise. But this isn't all that great, either, because a promotion (into middle management of course) just means you do less technical work, spend more time in pointless meetings, and have a higher level of responsibility (and correspondingly usually have to spend more time at work).

      Where's the incentive?

      BTW, "capitol" is the city where the seat of government sits, like Washington, DC. "Capital" is money used for investment.

    5. Re:Am I the only one... by Anonymous Coward · · Score: 0

      Couldn't agree more. Yes the individual could work at home having fun and not "giving into corporate greed" but um, what do i eat - perhaps grass - thats free. I could go down to the river and drink the free water there i suppose.

      If you don't like that then you have to have someone give you money to pay for food and rent\mortgage. The terms the company makes up, but the choice is ultimately mine if I agree with them.

    6. Re:Am I the only one... by Eagle7 · · Score: 1

      Yeah... I know capitol vs. capital, just type the wrong one - guess I can't really blame that screw up on a typo though. :/

      As far as the meat of your comment, I don't really agree... if you are hired as a researcher (discover and invent things) or an engineer (use knowledge to design new things), your very job description says that you will be generating IP for the company. Not that, as an engineer, I wouldn't love to get royalties on everything I came up with - but I'd rather have a solid paycheck I can budget on than hope to make something good enough that I can live on royalties supplementing my income (since, presumably, my salary would be lower if I had a royaly provision).

      Sidebar: I *disagree* that a company should own anything you do outside of work just because you work there. If I don't spend any company time, IP, or resources, then anything I develop should be mine (my current employeer would take ownership of any software I write outside of work that is related to thier business - which is just about everything).

      --
      _sig_ is away
    7. Re:Am I the only one... by Grishnakh · · Score: 1

      Yeah... I know capitol vs. capital, just type the wrong one - guess I can't really blame that screw up on a typo though. :/

      You could if you were using a Dvorak keyboard...

      As far as the meat of your comment, I don't really agree... if you are hired as a researcher (discover and invent things) or an engineer (use knowledge to design new things), your very job description says that you will be generating IP for the company. Not that, as an engineer, I wouldn't love to get royalties on everything I came up with - but I'd rather have a solid paycheck I can budget on than hope to make something good enough that I can live on royalties supplementing my income (since, presumably, my salary would be lower if I had a royaly provision).

      This sounds like you're happy to serve the corporations. I don't agree at all. I could be mistaken, but in academia, professors draw a salary, are expected to do research (esp. in the scientific fields), but if they get any patents, they get to keep them. Why can't corporations behave the same way?

      Probably because US CEOs earn far more money than University presidents. If the companies had to treat engineers better, and give them a bigger cut of any profits that they were directly responsible for, they'd have to cut other areas, such as managers' salaries and executive compensation. This would be fair, of course, but the people in power wouldn't like it, which is why it isn't happening.

      Your "solid paycheck" argument doesn't wash either in our modern economy. That would make sense in the 60's, when engineers could count on keeping their job until retirement, as long as they didn't royally screw up. But now you could come up with a great innovation earning your company millions, and be outsourced in the next month. There's no reciprocity at all.

      If corporations are going to continue to treat engineering and research as a low-pay area, where all your knowledge only goes to enrich the company while you're just a wage-slave, then America simply cannot expect anyone to want to pursue these fields of study, and they need to stop complaining about the low enrollments.

  28. Pimp your PC with blue LED's! by amightywind · · Score: 1

    I heartily thank Mr. Nakamura. His multi-colored LED's were crucial to the 'pimping out' of my homemade PC. Now if we can only identify the equally deserving inventor of plexiglass.

    --
    an ill wind that blows no good
    1. Re:Pimp your PC with blue LED's! by b1t+r0t · · Score: 1
      It is true. This man is the inventor of the blue LED: pure, concentrated l33t.

      I don't even think a violet LED (do we even have those yet?) would be nearly as l33t.

      --

      --
      "Open source is good." - Steve Jobs
      "Open source is evil." - Microsoft
    2. Re:Pimp your PC with blue LED's! by Anonymous+Writer · · Score: 1

      I don't even think a violet LED (do we even have those yet?) would be nearly as l33t.

      Yes. Actually, Nakamura was also responsible for white LEDs and I believe ultraviolet LEDs as well. White LEDs are blue LEDs with a special coating and the ultraviolet LEDs can work like blacklights.

  29. What an awful precedent, though by thpr · · Score: 2, Insightful
    So if you consider that he worked for the company at the time does your opinion change?

    The problem here is that he has set the precedent that your salary is if you do nothing; if you invent something cool, you sue the company to get MORE. The result will be money to lawyers and those whose ethical standards lead them to freely sue their employer... lowering salaries generally (as companies hold back reserves to handle these situations). This will take money away from the consistent and average employee.

    Please keep in mind I DO work for a large company who owns my inventions, I DO have patents in my name but assigned to my employer, and I WON'T sue my company even if they make millions from it and I don't see a dime... they compensated me for that time and effort - that's what my salary is.

    1. Re:What an awful precedent, though by BJH · · Score: 5, Informative

      Please note that under Japanese law, there is a provision for employees to be compensated for exceptional performance (which I would hope few people would deny was true of Nakamura's discovery).

      So his lawsuit was based on a legal requirement for the company to pay him fairly.

    2. Re:What an awful precedent, though by QMO · · Score: 2, Interesting

      I work for a large company that owns my ideas, but they (officially) will give me a percentage of profit from things that I come up with.

      --
      Exam 4/C again. Maybe I'll do better this time.
    3. Re:What an awful precedent, though by Anonymous Coward · · Score: 0

      "Please keep in mind I DO work for a large company who owns my inventions, I DO have patents in my name but assigned to my employer, and I WON'T sue my company even if they make millions from it and I don't see a dime... they compensated me for that time and effort - that's what my salary is."

      YEAH RIGHT.

    4. Re:What an awful precedent, though by Qzukk · · Score: 2, Insightful

      The problem here is that he has set the precedent that your salary is if you do nothing; if you invent something cool, you sue the company to get MORE.

      I DO work for a large company who owns my inventions, I DO have patents in my name but assigned to my employer

      Once upon a time there was a man whose job it was to put a cog on a spoke and hit it with a hammer. All day long. He was paid hourly to swing the hammer. After years of doing this, he realized that if the cog was replaced by a widget, the device he was working on would run 50% more efficiently with %10 less noise. The company patented the idea, went on to make billions off of the invention, and continued to pay the inventor his hourly wage.

      Now, you either are paid to create patentable things, or you're incredibly altruistic to be giving your company your proceeds above and beyond your job description (what you are paid your salary for doing, not "nothing") for free.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    5. Re:What an awful precedent, though by oobob · · Score: 4, Insightful

      The problem here is that he has set the precedent that your salary is if you do nothing; if you invent something cool, you sue the company to get MORE.

      So are you honestly suggesting that the salaried employees that bring in millions of dollars with their inventions or solve particularly difficult problems should be paid the same as those who aren't profitable at all or stick to the routine? What about the executives who are paid millions based on the performance of the company? We compensate executives of big corporations based on how the company performs, and we vary their pay wildly, to the tune of several million dollars, depending on how they do. Why are people so willing to accept that hard work and results should only be grossly rewarded when performed by executives? People keep saying that the company provides the capital for the R and D and takes the risks to bring it to market. How did they get this capital? Osmosis? It was either through the investments of venture capitalists or through previous products developed by the same people we're talking about. And if it was from venture capitalists, the company is likely relatively new, and breakthrough inventions that earn a profit should be rewarded, as they're a big reason why the company will see another year. Does anyone here honestly think that executive ability is the only ability worthy of millions of dollars?

      Please keep in mind I DO work for a large company who owns my inventions, I DO have patents in my name but assigned to my employer, and I WON'T sue my company even if they make millions from it and I don't see a dime... they compensated me for that time and effort - that's what my salary is.

      They taught you that nonsense about salary and compensation so the executives could keep your cut. I read another post that said the CEO gave a press conference saying that real researchers do their jobs for the joy of technical achievement. Do executives do their jobs for the joy of fiscal discipline? Does it bother you that your time and effort, no matter how productive or brilliant, is worth shit unless you're an executive? And does it surprise you that the people paid the most are the ones who manage the money?

      I thought that in capitalism, we reward those with harder jobs who perform well because otherwise "no one would do them." Why are we rewarding one type of hard work and not the other? Why is it that culturally, we reward people who run companies or appear on our newly invented hi-def TV screens screens, but we don't reward the people who make any of this technology possible? I'd like to thank you, though. I now know that if I end up in a corporate job, I should only surrender my mundane ideas to those greedy fucks.

      To you my fellow youngings: stick to the university life. The university of Iowa just changed their patent and staff invention compensation plan because it was percieved as being unfair among the professors. They changed it so that the inventor recieves all of the first $100,000 of profit (or something like that). Here's how horrible it was (they also mention that change):

      Adding to the benefits for researchers is the chance for profit. The university splits licensing revenue four ways - 25 percent to inventors, 25 percent to their departments, 25 percent to a fund advancing university research, and 25 percent to UI Research Foundation - but a new plan the UI Staff Council passed on Thursday would allocate them an additional $100,000.

      That's worth the extra school.

    6. Re:What an awful precedent, though by KlomDark · · Score: 1

      You are quite the dumbass then. The salary is to pay you for your day to day work. The salary does not cover going way beyond the basics and coming up with a whole new profit portfolio for the company.

      The company ethically owes you 10% of the value.

    7. Re:What an awful precedent, though by Anonymous Coward · · Score: 0
      Indeed! If anyone has ever read "Blue Mars" the idea of a an employee owned company, where the employees get the rewards for being innovative, you'll understand why this fellow should be get a little piece of that pie.

      I hole-heartedly support the notion, and think this fellow *should* get compensated.

      The US model of business is not really the best one, just the one you use.

    8. Re:What an awful precedent, though by Anonymous Coward · · Score: 0

      So how you coping with a job without bonuses ?

    9. Re:What an awful precedent, though by antirename · · Score: 1

      No, you invent something cool and they try to change your contract. Say they hire you with generous IP rights, never expecting you to do anything cool, so patent rights are fair. Do something cool, and they'll change the contract, and/or force you out of your job. Welcome to big business.

    10. Re:What an awful precedent, though by maxpublic · · Score: 1

      The company ethically owes you 10% of the value.

      Ah, so your version of ethics is the one we have to apply to the whole human race? God talks to you, doesn't he?

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    11. Re:What an awful precedent, though by Anonymous Coward · · Score: 0

      The really sucky thing is the executives will be getting big preformance bounuses based on the now well performing company even though in cases like this the new income is despite their management not due to it.

    12. Re:What an awful precedent, though by glasse · · Score: 1

      I was going to write a post but this one says everything I could have ever wanted to say, better. Thank you.

      Ethan

    13. Re:What an awful precedent, though by orim · · Score: 1

      "We don't. They run the companies. If the companies they run sucked badly enough, they'd lose employees and profits and they'd cease to be a company, and the CEO would not make a penny."

      You mean like those people who ran Enron, drove it into the ground and got out of the whole thing with measly billions? Yeah, I always thought there should have been some sort of a massive charity drive to help these poor souls...

      --
      "If you could only see what I've seen with your eyes..." - Roy Batty
    14. Re:What an awful precedent, though by Anonymous Coward · · Score: 0

      Also the case under UK law where the employee creates IP (that the company owns due to the terms of employment) that is of great benefit to the company.

    15. Re:What an awful precedent, though by oobob · · Score: 1

      Your response avoids every point I made. Let's start with the beginning.

      No, he is suggesting that if you have a contract, you honor it. And if you don't like the terms of the contract for hire, you leave. Why should an employer be faced to pay someone more money than what their contract calls for?

      Because they're perfectly willing to award contracts that reward performance when executives are hired, but not when any other position is hired. And who makes the contacts? The executives. You're using a particularly insidious method of blurring the lines - in Japan, his contract, by law, calls for this kind of reward, and suing for money is a valid option legally (and ethically, or so I argued). My post then jumped from that to an statement that researchers in the US should be awarded similiarly. Note the use of the word should in the first sentence. The original post had a dangerous implication, so I tried to flesh it out. Contracts don't even apply to my argument (even if they did, legally, I win the argument. Note I didn't say anything about suing in the US). In fact, my entire post implies that contracts are entirely acceptable as long as all positions in a company are treated fairly and consistently with regard to the difficulty of the work and rewarding outstanding performance. Reading means you read all the words. Next sentence:

      I said: I thought that in capitalism, we reward those with harder jobs who perform well because otherwise "no one would do them."

      You: Then you don't understand capitalism. Honestly, does the guy who cleans the shit out of toilets make or deserve more money than someone who doesn't? Well, in your warped view of Capitalism, they should, right? Who wants to clean turds up?

      However, that job requires no formal education, no planning, and really, no thinking.

      Capitalism rewards those that put forth ingenuity, time, hard work, skill, and/or luck.


      The entire discussion is specifically about research, a difficult job, which is considered in every Econ 101 class as a basic argument for capitalism. The logic goes that research takes years of learning and dedication, serious work and effort that is easily put off or interrupted, and hence researchers should be rewarded. I argued that we should reward researchers based on their worth to a company, which everyone but you would take as an argument that intellectual and skilled labor that takes years of effort should be rewarded. My entire post is about jobs that require ingenuity, time, hard work, and skill. The only way you could even argue against my main point - namely, that researchers should be rewarded based on achievement - without renouncing capitalism is by taking the sentence entirely out of context: everything in my post, the article, or the entire fucking discussion implies we were talking about skilled labor. If you'd thought about what I wrote, you'd realize that I was talking about rewarding excellence. Unless you want to argue making blue LEDs is easy.

      We don't. They run the companies. If the companies they run sucked badly enough, they'd lose employees and profits and they'd cease to be a company, and the CEO would not make a penny.

      They are people. People choose all of this. People run every company ever made. If people had different VALUES, they would set the salaries differently. You're kind of rambling, but I want to make sure you understand that companies are groups of people who make decisions at least partly based on cultural values of what they feel should be rewarded.

      So what your saying is, some entity, maybe the government, should decide what everyone gets paid, based on how "worthy" of the money you think they are?

      Are you trolling? I didn't think you were because most trolls write extremely well, but maybe you are. If so, you're a disgrace. I was saying that companies should reward researchers based ON HOW MUCH MONEY THEIR INVENTIONS GR

    16. Re:What an awful precedent, though by oobob · · Score: 1

      Thanks for the positive response. It's good to know I'm not crazy or missing something everybody else gets =)

    17. Re:What an awful precedent, though by d'fim · · Score: 1

      "Capitalism rewards those that put forth ingenuity, time, hard work, skill, and/or luck."

      So Nakamura's bosses did those things, but Nakamura himself did not?

      --
      Adherence to the truth is a form of disloyalty.
    18. Re:What an awful precedent, though by AhBeeDoi · · Score: 2, Insightful
      I thought that in capitalism, we reward those with harder jobs who perform well because otherwise "no one would do them." Why are we rewarding one type of hard work and not the other? Why is it that culturally, we reward people who run companies or appear on our newly invented hi-def TV screens screens, but we don't reward the people who make any of this technology possible? I'd like to thank you, though. I now know that if I end up in a corporate job, I should only surrender my mundane ideas to those greedy fucks.
      You've confused capitalism with your sense of morality. Capitalism is amoral; it's about initiative and incentives, not justice, not equality, not peace on Earth.

      Large corporations engage in commerce, the quintessential capitalist activity. With respect to how companies are run, the model is more akin to feudalism than capitalism.

  30. Re:Man... that's harsh. Good for Nakamura tho by ackthpt · · Score: 1
    Some people and companies are just so fucking greedy that it blows the mind. Their greed is beyond rationality.

    This may come as a shock to you, so I hope you're sitting in a sturdy chair without a cat in your lap ... some companies rely upon invention for their growth and income. Now more than ever companies develop the technology then source out the manufacturing or license the technology to manufacturing companies.

    --

    A feeling of having made the same mistake before: Deja Foobar
  31. Cancer by Anonymous Coward · · Score: 0

    So when Blue LEDs are shown to cause cancer
    is he going to pay his share of the legal
    fees?

    1. Re:Cancer by Bigby · · Score: 1

      Excellent point. Except that he is only getting a fraction of the revenue, not the whole thing; and it's a one time payment. So he is disconnected from any liability, unless he knew it caused cancer.

  32. Send me some money! by txz · · Score: 1

    So does this mean that when a person at microsoft or EA writes some program or game that they are getting paid to write they can then expect royalties and bonuses? Doesn't sound right to me. If you are getting paid to do a job do it with the expectation that you will get paid what you agreed upon when you were hired. Not get mad because the company got rich off of your invention/creation.

    1. Re:Send me some money! by MrTufty · · Score: 1

      So is it ok then for the shareholders to make several million dollars out of something they have had no part at all in creating? I'm a games programming student, and I'm definitely looking for a company that will give me a bonus for games that sell exceptionally well - rather than paying a flat rate! It's only fair really!

    2. Re:Send me some money! by Anonymous Coward · · Score: 0

      you thinks its fair a company gives you a share of the profits - sure. I hope that if the product fails you'll bail the company out of bankrupcy.

      That is what shareholders do. They take the risk and they profit if the company profits. They get screwed if it doesn't.

      If you're onto such a winner of a product it doesn't take a genius to create, test, market, distribute it yourself and take 100% profits. But I'm guessing you want a free ride.

  33. 8 million is a rip-off by stratjakt · · Score: 1

    A court awarded this guy 200 million, though he's lucky to even see 8.

    They could have easily tied it up in litigation ad infinitum, since a corporation will generally outlive a human being.

    --
    I don't need no instructions to know how to rock!!!!
    1. Re:8 million is a rip-off by BJH · · Score: 1

      A lower court awarded him $200 million.

      When Nichia appealed, the higher court capped his compensation at a maximum of 5% of that, so he really had no choice other than to settle.

  34. New York Time error by randall_burns · · Score: 4, Interesting

    As usual, the New York Times errs in claiming that US industry is markedly better than Japanese industry. US industry has a bad habit of treating outstanding contributors rather poorely. Look at what they did to Kary Mullis creator of the most valuable patent of the 20th century. Japan has had some problems here-but at least their businesses try seriously to provide for all their employees--and Japanese upper managers rarely get the extremely high salaries common in the US. In the US, even extremely productive contributors can easily find themselves homeless in their old age-and US management is so dominated by MBA's and lawyers that management has real trouble figuring out who the real contributors are in highly technical businesses. I think this case is important because it shows Japan is moving in a positive direction-basically containing their executive compensation and providing some additional options for their star engineers to gain early retirement/recognition.

    1. Re:New York Time error by antifoidulus · · Score: 1

      Yeah, and those same companies tend to pay the person who does nothing all day because they shouldn't be in engineering in the first place more than someone who produces the ass off but has less seniority. I know people at /. like to fawn over Japan as the perfect society, but that is pure and utter BS. Japan has been in about 0% GDP growth mode for A DECADE!!! With very few signs of abating. A large part of the problem in Japan is the fact that everyone gets treated the same really. It's bloated and in-efficient. I wouldn't exactly call that a utopian society.
      Yeah, the American corporate system sucks, but *MOST* universities are the real magnent for talent. They tend to allow you much more freedom and give you recognition for your achievements(unless of course you are a grad student).

    2. Re:New York Time error by randall_burns · · Score: 1

      Where are your figures on 0% GDP growth for Japan? When I look at the figures in the CIA factbook, I see GDP/person of working age growing _faster_ in Japan than the US the last 4 years. A big chunk of the reason the US economy is growing is the workforce is being expanded via unprecedented immigration. However, the growth of GDP per person of working age is lagging the US. Now, the Japanese are producing fewer people-but it isn't exactly like that island is underpopulated.

    3. Re:New York Time error by sysadmn · · Score: 1

      It depends on how you define "most valuable patent". The article (ok, I broke a rule and RTFA) said it sold for $300M - a record for the health care industry. That kind of implies another industry might have had a larger sale. For a single patent, it's pretty important - most patents extend existing ideas, but aren't much good on their own.

      --
      Envy my 5 digit Slashdot User ID!
    4. Re:New York Time error by doodlelogic · · Score: 1

      Aye, I believe the most valuable patent to be that for the cats-eye, measured in the billions not millions.

    5. Re:New York Time error by antifoidulus · · Score: 1

      You actually just proved my point. Real GDP growth has been hovering at around 0(sometimes going positive, sometimes going negative) for about the past ten years, look for info on the "lost decade". Your point being that in the past 4 years is quite moot. A) Americans are still the most productive per employee the world over and b) Japan's labor market was so inefficient in every sector save manufacturing, it had no where to go but up. It has gone from being severly bloated to just plain bloated, but it shows NO signs of passing up the US anytime soon. In addition, Japan's society is aging much more rapidly than that of the US or even the EU. Therefore, in the future each worker will have to carry more of a burden to support the elderly. Also note that Japan has the largest debt to GDP ratio(130-140%) of any industrial country in the world. One caveat of course being Japan's debt is largely domestically held, unlike that of the US.
      In closing, what's your point again?

  35. One the one hand... by mbessey · · Score: 2, Interesting

    I can see the guy's point - the company he worked for has made probably many many millions of dollars off that invention. On the other hand, he signed a contract to work for them that didn't include any promises of profit-sharing on things he invented for them.

    The contract I'm currently working under actually specifies that I'll get a (relatively small) bonus for any patented technology I develop. If the company made zillions of dollars off one of my ideas, I'd be surprised if they gave me a million dollars for it.

    One additional complication that comes in is where do you draw the line? I'm sure more than just this one guy contributed to this invention. Should they all get millions of dollars? What about the guys in marketing and sales, where's their million-dollar bonus?

    -Mark

    1. Re:One the one hand... by Anonymous Coward · · Score: 0

      Yeah, but....

      The problem with "well, he signed a contract!" as an argument is reasonable access to alternatives. I doubt even if he'd wanted to, he could have found a company that would have offered him a piece of any invention. It's not like there was a lot of competetive pressure in Japan at the time (or even now, really...) to do this.

      And even if there WAS a company offering some level of compensation for inventions, is this the guy they would have hired? Not likely--read the supplemental story in the second post.

      The point is that, unless he explicitly agreed to sign away his right to anything, he wouldn't have had so much as the opportunity to invent anything. Which makes the "he CHOSE to sign that contract" a wee bit specious--was there another choice legitimatly available?

      I guess you could argue he could have chosen not to research/invent anything. And then we'd all be that much worse off....

    2. Re:One the one hand... by orim · · Score: 1

      "On the other hand, he signed a contract to work for them that didn't include any promises of profit-sharing on things he invented for them."

      Why is it that people have such a hard time defending a fellow human being vs. a corporation? Why do we have such a hard time putting ourselves into the shoes of such accomplished people, but we have no trouble becoming the asshole CEO of that company? "Screw the guy, he knew what his contract was!"

      A point most troubling these days...

      --
      "If you could only see what I've seen with your eyes..." - Roy Batty
    3. Re:One the one hand... by Anonymous Coward · · Score: 0

      job - ordinary, scheduled revenue -> ordinary pay
      invention -> extraordinary, unexpected revenue -> no pay.

    4. Re:One the one hand... by Anonymous Coward · · Score: 0

      how did the guys in marketing and sales contribute to the invention ? just curious.

  36. Deductions, deductions, deductions by Luyseyal · · Score: 1

    You assume he's 1) paid a lump sum up front and 2) has no tax shelters available to him. It'll still be a large amount, though... maybe here's a new revenue model for governments: Make companies recompense their engineers properly and keeping the taxes. :)

    -l

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    1. Re:Deductions, deductions, deductions by Loco3KGT · · Score: 1

      Excellent point, if he's smart like former VP canidate John Edwards he has created a tax shelter for himself.

      --
      Blessed be he who reads this post, Cursed be he who tells my boss.
    2. Re:Deductions, deductions, deductions by Luyseyal · · Score: 1

      Of course, donating to the Republican party can be considered one giant tax shelter...
      -l

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      Help cure AIDS, cancer, and more. Donate your unused computer time to worldcommunitygrid.org. Join Team Slashdot!
    3. Re:Deductions, deductions, deductions by Anonymous Coward · · Score: 0

      You mean "if he's smart (laughs) like Predident Bush he has created a tax shelter for himself."

      Lumber company? I don't need no stinkin' lumber company! /quote.

  37. Re:What's that, about 1/1000th of a cent for each by bogado · · Score: 1

    I also don't get it why people put leds that light when you turn an apliance off. And I sure hate them too. :-(

    --
    []'s Victor Bogado da Silva Lins

    ^[:wq

  38. people learn from others mistakes ! by rasz · · Score: 0

    If you invent something DO NOT tell anyone. Resign from your job, wait a month, and THEN cash out.,

  39. This is why companies now have crazy IP rules by Gadgetfreak · · Score: 2, Informative

    Like my current employer. I had to sign over my rights to *ANY* invention, not just one that was invented on company time, or related to the business.
    I'm a mechanical engineer, and I work for a company that makes nuclear submarines for the Navy. Sometimes, stuff is patented, but it's gov't technology anyways.
    Point is, they're so anal about protecting themselves that they want to own everything.

    If I invent the next Chia pet in my basement, they'll own it. And I know a lot of companies are like this, presumably because they can get away with it.

    --
    "No fair, you changed the outcome by measuring it!" - Professor Hubert J. Farnsworth
    1. Re:This is why companies now have crazy IP rules by lukewarmfusion · · Score: 1

      I did a little research on this after a dispute with my former employers.

      Like non-compete agreements, not all courts support this kind of agreement with your employer. The thing is, many companies realize this and do it anyway. That's because most folks aren't going to challenge it - too expensive, time-consuming, etc. And if you want to keep your job, suing your employer isn't a great way of having a happy workplace.

      It's such a grey area that you'd have to consult a lawyer and hope for a judge's favor in you wanted to win. The next Chia pet might be so unrelated and so unexpected that the court would consider it outside the realm of your contract.

      (Not a lawyer, of course. But I play one on Slashdot.)

    2. Re:This is why companies now have crazy IP rules by Anonymous Coward · · Score: 0

      Just playing devils advocate but YOU signed the contract.

    3. Re:This is why companies now have crazy IP rules by Gadgetfreak · · Score: 1

      I actually had this discussion with a non-lawyer friend of mine not too long ago. I realize that something along the lines of a Chia pet would probably be win-able if my company tried to claim the rights to it, but the problem is that the company makes the first oppressive move in an effort to protect it's own best interests and then some.
      I can see a company staking a claim to inventions developed on company time and using company resources. I think that's fair. But it seems like my company went the extra mile, and decided that it would be best to lay claim to everything invented by the employee, and then negotiate from there if something arises.

      This is the kind of situation I see Japan headed for. Companies don't want to get hurt like this one did... they'll take their new employees on their starting day, and give them a form... "sign over all of your future inventions, private or not, or you don't get this job."

      I really don't want to see that happen.

      --
      "No fair, you changed the outcome by measuring it!" - Professor Hubert J. Farnsworth
    4. Re:This is why companies now have crazy IP rules by bhima · · Score: 1
      I'm an embedded developer and I also have the same sort onerous contract. So most of creative & inventive tinkering goes to interesting but wacky ideas that not only are outside of our core competence but the company wouldn't touch if they were. So far I've landed a couple of personal patents and one developed product that I then sold to a manufacturer. It's generally known by upper management and not contested. So I have concluded it was more like the ridiculous non-compete clauses they cook up, which I have been advised will not hold up where I live. The companies put them there hoping to get away with it but not really expecting to (they'd have to pay me for the length of my non-compete)

      I also find that the use of childish scatological humor, sexual innuendo and l33t speak tend to make them go away or at least ignore it. You know the Chia pet with a 14 inch raging hard on. But then again I don't play with nukes.

      On a side note I've used these Blue LEDS as an excitation source for an optical sensor right when they first came out... Wow! were they bright!

      --
      Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
    5. Re:This is why companies now have crazy IP rules by Gadgetfreak · · Score: 1

      Oh, I know. But the issue is that it's accepted... and it was brought up at the last minute, on my starting day, not when they made the job offer.
      And well, when you're a few months past graduation, just move out and get an apartment, and student loans are coming due, it's pretty tough to walk away based on moral principle.

      --
      "No fair, you changed the outcome by measuring it!" - Professor Hubert J. Farnsworth
    6. Re:This is why companies now have crazy IP rules by CodeBuster · · Score: 1

      If I invent the next Chia pet in my basement, they'll own it. And I know a lot of companies are like this, presumably because they can get away with it.

      Lawyers and their corporate masters usually get carried away with the language that they use in their contracts. It is sort of like used car salesmen, they price the car way high, not because they think that they can actually sell it for that amount, but because they know that you will haggle them down to the price which is actually reasonable. The goal in contract law is to be as broad as possible without being blatantly illegal, but particularly onerous clauses, especially in non-compete agreements and other employee/employer contracts are frequently not enforceable. In other words what they can make you sign and what they can actually enforce in court are two different things. The only problem is that it may cost you a lot to find out that you are right and they know that.

    7. Re:This is why companies now have crazy IP rules by Macadamizer · · Score: 1

      "Oh, I know. But the issue is that it's accepted... and it was brought up at the last minute, on my starting day, not when they made the job offer.
      And well, when you're a few months past graduation, just move out and get an apartment, and student loans are coming due, it's pretty tough to walk away based on moral principle."

      I understand completely. But if you look at this from a purely rational economic standpoint, you made the rational decision -- perhaps subconciously -- that your "moral principles" (hanging on to any IP you develop) was worth less (to you) than a regular paycheck from your employer. If you valued your "moral principles" more than you valued what they were willing to pay you, then you would not have accepted the job.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    8. Re:This is why companies now have crazy IP rules by dan42 · · Score: 1

      I have a similar "I have no rights to my work" clause. But I do get a big $1 check for every granted patent and shiny plaque from www.patentawards.com.

      It's all about the motivation...

    9. Re:This is why companies now have crazy IP rules by 91degrees · · Score: 1

      Contracts can be renegotiated. I wonder what the reaction would be if you suggested that you would be more likely to invent something if you were offered a percentage of its value.

      They might take it as a hint that you have already had an idea and were keeping it quiet unless they pay you extra for it.

  40. Old Skool by Anonymous Coward · · Score: 0

    Guess he'll have to kill himself then.

  41. japanese point of view by jxyama · · Score: 4, Informative
    the take in japan is that it's not as cut and dry as "one works for the company to invent, whatever profit derived from it is owned by the company and not to the inventor."

    this is not the first lawsuit of this kind. inventor of aspartane (artificial sweetner) sued ajinomoto (company known for MSG) and won ~$1.5 million before.

    basically, the feeling is that providing reasonable compensation for inventors, regardless of where technically the invention patent or methods belong to, is good for the morale of workers, provides incentives and thus advances the society as a whole and increases competitiveness of corporations. finally, providing reasonable compensation is also economically viable for the company.

    he was awarded $8.1 million after his contribution to the invention was deemed to be 5%, instead of the 50% in the prior ruling. the original ruling resulted in ~$600 million settlement.

    the company issued a statement saying it's glad that the invention of LED was attributed to more than just one person, as indicated by the reduction of Dr. Nakamura's contribution value by the court.

    1. Re:japanese point of view by Anonymous Coward · · Score: 0
      he was awarded $8.1 million after his contribution to the invention was deemed to be 5%, instead of the 50% in the prior ruling. the original ruling resulted in ~$600 million settlement.

      Does that mean that the remaining 95% of the $600 million will be distributed among the remaining contributors still currently working at the company or otherwise?

    2. Re:japanese point of view by jxyama · · Score: 1
      here's the details of the settlement... what i posted before was a bit off. for convenience, i'll simply use $1 = 100 yen.

      the lawsuit was filed in aug. 01, seeking $200 million in compensation for the blue LED. in jan. 04, the court valued the blue LED at $1.2 billion and gave Dr. Nakamura 50% contribution to its invention, thus ordering the payment of the entire amount that had been sought by Dr. Nakamura, $200 million. (since he was deemed to be owed $600 million, which was more than the amount he sued for.)

      in this round, his contribution was reduced to 5% and the court ordered the company to pay him $6 million in compensation and $2 million on delays and fees.

      note that these valuations were specifically determined in response to Dr. Nakamura's lawsuit. the court is not ordering the company to distribute $1.2 billion in compensations to inventors of the blue LED. if others feel slighted and can claim significant contributions to the invention of the blue LED (which i sort of doubt, since Dr. Nakamura's original contribution was estimated at 50%, indicating he was very largely responsible for its invention...), then they can probably sue the company and get their "fair share."

  42. Re:Man... that's harsh. Good for Nakamura tho by Anonymous Coward · · Score: 0

    The fact that the company relies on it means that it's okay to screw the inventors?

  43. He's a lucky guy... by MLopat · · Score: 4, Insightful

    I could write a short list of products that I've created that have generated millions of dollars for companies that I've done work for, either as an employee or a contractor. But in doing the work, I was paid a guaranteed salary, and knew I would receive that whether the products were profitable or not.

    There's more to making profit than just creating an invention. If the company didn't provide the supporting technology and capital to research and produce the product, then it wouldn't have been invented. Not to mention the whole marketing aspect. Sure you can be sitting on a million dollar idea, but without capital, marketing and a distribution model, it's worthless.

    If he felt this product was going to be such a success and could have produced it without his company, he should have left, raised venture capital and produced it himself.

    1. Re:He's a lucky guy... by Anonymous Coward · · Score: 0
      If he felt this product was going to be such a success and could have produced it without his company, he should have left, raised venture capital and produced it himself.

      And he would have been sued by the company.

    2. Re:He's a lucky guy... by Anonymous Coward · · Score: 0

      Mod this guy up. He speaks the unpopular truth here on /.

    3. Re:He's a lucky guy... by Anonymous Coward · · Score: 0

      *sigh*

      There's more to making profit than just management and marketing

      I'd be quite a bit happier with a salary if it was comparable to what managers or marketroids make. Instead, the most valuable engineers still get paid a fraction of what many high level executives at even smaller companies make. There's nothing wrong with being part of something bigger than me as long as I'm rewarded appropriately for my contributions relative to the companies income and the contributions of others.

      No MBA working 3 hour days should be making half a mil while I'm pulling $80k.

    4. Re:He's a lucky guy... by MLopat · · Score: 1

      Fair enough, but you could switch companies. Many companies, including my former employer offered a Distinguished Engineer title, that gave employees the prestiege and salary they were looking for, without them having to become management.

  44. Just capitalism doing it's thing? by MasterC · · Score: 3, Insightful

    It's cases like this where I go back and rethink capitalism vs. communism vs. etc. Take Kary Mullis as another example (already mentioned in comments). His polymerase chain reaction (PCR) was patented by his employer, Cetus, who gave him a $10,000 bonus and then sold the IP for $300 million. His salary & bonus are a pittance for PCR.

    Makes me wonder if this is the type of stuff Marxists think will bring about communism...and how long capitalism can survive when the creator of extremely meaningful creations gets 0.00333% of the profits.

    --
    :wq
    1. Re:Just capitalism doing it's thing? by Charcharodon · · Score: 1
      Well you just learned the difference between a worker and an entrepreneur. Sometimes the only thing the entrepreneur provides is money while the workers come up with the ideas and hard work, but it was the entrepreneur that took the bulk of the risk.

      While I think any company that doesn't lavishly reward an employee that drops something like that in their lap to be idiots and overly greedy, at the same time it was their lab, their personel, and their money.

      Better companies have typically have some sort of idea reward that usually drops 1-10% of the savings or royalties into the pay check of the idea man, the Air Force being one of them. I know of several people who have taken a simple idea and turned it into a $10,000-20,000 bonus. It really comes down to being smart about who you work for and what your motivations are. Nakamura should have really gone and formed his own company if he truly developed this idea on his own.

    2. Re:Just capitalism doing it's thing? by CodeBuster · · Score: 1

      Nakamura should have really gone and formed his own company if he truly developed this idea on his own.

      That can be risky because your original employer can come back after you are successful and sue for damages, royalties, etc...unless you can prove that you had idea AFTER you were no longer employed by them (especially difficult if the patent is in the same field as the company's business). Otherwise, the assumption is that you quit so that you could develop it on your own without giving them their cut.

    3. Re:Just capitalism doing it's thing? by Anonymous Coward · · Score: 0

      Makes me wonder if this is the type of stuff Marxists think will bring about communism...and how long capitalism can survive when the creator of extremely meaningful creations gets 0.00333% of the profits.

      Do you think he would get anything under communism?

    4. Re:Just capitalism doing it's thing? by HeghmoH · · Score: 1

      Under capitalism, if you invent something incredible, you might get rich, or you might get screwed.

      Under communism, if you invent something incredible, you get screwed, guaranteed.

      Why would communism possibly be better?

      --
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    5. Re:Just capitalism doing it's thing? by Charcharodon · · Score: 1

      It's not just proving you had the idea after you left the company, but it may require a length of time as well, since many tech companies have "no compation" clauses in any contracts that keep you from even working for another company or starting one of your own in the same field in some cases up to ten years after you leave them. Again it really depends on what you are willing to give up in order to have access to the resources a company or research group has to offer.

  45. Re:Man... that's harsh. Good for Nakamura tho by Anonymous Coward · · Score: 0

    They aren't being 'screwed'.

    I work at a think-tank sort of place. Any and every type of research is fair game. The companies revenues are derived from the innovations and inventions by licensing technologies, selling products, or selling IP to other manufacturers, etc.

    Agreements are in-place beforehand. Anything we develop is owned by the company. It's fair. They're paying us to go down avenues that generally will see no returns.

    The reality is, my job is great. period. we do have some bonus structures in place, but the Company reaps the big benefit.. reward for the employees - a job we all love and enjoy.

  46. Re:Man... that's harsh. Good for Nakamura tho by Anonymous Coward · · Score: 0

    source out the manufacturing or license the technology to manufacturing companies.

    Actually, this is a pretty clear choice. Instead of working for IP slave-mills where the company makes billions off your ideas and doesn't even give you a raise, work straight for the manufaturers and cut out the middleman.

  47. Irrelevant by CrystalFalcon · · Score: 1

    On the other hand, he signed a contract to work for them that didn't include any promises of profit-sharing on things he invented for them.

    You are working under the assumption that every country operates under U.S. law.

    In the country where I live, if somebody dreams up a patentable invention at work, during business hours, on company equipment, and patents it, then that patent belongs to the employee as an individual, not the company, and the company is prohibited by law to require otherwise in the employment contract.

    I don't know what the law is like in Japan, but don't take for granted that employees are serfs all over the world. They're not.

    1. Re:Irrelevant by Anonymous Coward · · Score: 0

      What country do you live in and how are the immigration policies?????

    2. Re:Irrelevant by Grishnakh · · Score: 1

      I second this. Inquiring Slashdotters want to know!!!

  48. Re:Man... that's harsh. Good for Nakamura tho by halo8 · · Score: 1

    I totally agree. and the monetary rewards the employees are seaking arnt that great. so this guy got $200 Million. if the company had given this guy $10 Million, $20Million... wich is still almost more than he could spend in a lifetime i bet he would have been tinkled pink.

    --
    The More Knowledge you have the Luckier you Get- J.R. Ewing
  49. Re:Man... that's harsh. Good for Nakamura tho by randall_burns · · Score: 2, Insightful
    I agree. When executives do stuff like pay Kary Mullis $10,000 for an invention that earns the company $300 Million, they dishonor themselves. Now Japanese companies tend to have very flat rates of compensation-however what they could easily do is make sure that folks that generate valuable inventions get early retirement and/or cushy jobs like appointments as a lifetime "fellow"(i.e. a chance to do what they want with the rest of their lives).


    I don't think it is just greed here though. I honestly think these companies would make more money if they had sane compensation for inventors. It is more a control freak mentality.

  50. Re:What an awful precedent, though (or not =) ) by thpr · · Score: 1
    Please note that under Japanese law, there is a provision for employees to be compensated for exceptional performance (which I would hope few people would deny was true of Nakamura's discovery).

    BJH, Interesting. Thanks for the correction.

    Here is one article for people who don't want to do the digging into how Japanese patent law works.

    and Here is a white paper that suggests some changes to the law (which really don't seem to solve the ambiguity any!). This second one also talks about British law and how it differs.

  51. Engineers should just hire agents. by inCidious · · Score: 1

    Just like any talent, new and unknown talent would basically work for a salary. But, well known science talent with a track record should hire agents to negotiate a percentage of future earnings on any gross or at least work on much favorable contracts. The movie business is also a highly creative business with lots of R&D and high risk start-ups for projects. Agents works for the movie biz and right now scientist-engineers are worst off than musicans working for a record label when it comes to royalties. To compare, how much the did the actors on Titanic made compared to the profit made by their employers on their work

  52. they're everywhere! by LMCBoy · · Score: 1

    So, did this guy get screwed or is it a victory for him? Sounds like the company's making a killing off his invention, so he should get a cut, but why wasn't this spelled out in his contract? (heck, maybe it was, i didn't R the FA...)

    Just have to say, these things are gratuitously bright. I built a new computer a few months ago, and got an Antec Sonata case, because I heard on Ars and elsewhere that it was a very solid, very quiet case. Well, I love it, except it has one of these blue LEDs on the front. It projects a bright blue smear across my living room floor, and up the opposite wall, which is about 12 feet away. I'm almost worried it's going to blind the cat! I guess I should just yank the wire to the damned thing.

    And then, just recently I got a Braun electric razor...and this thing has the same LED on it, to let me know that it's seated in the charging cradle. I guess they *really* want to make sure I am aware of this datum, because I can practically see it through closed eyelids.

    I could land planes by the light of the two LEDs my razor's charging station and computer case. It's pretty ridiculous.

    --
    Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
  53. Re:Man... that's harsh. Good for Nakamura tho by Entouchable · · Score: 1

    And what many might be forgetting is that cheers and compensation need to trickle down from the top in many company structures. I can nearly guarantee you that the management team that produced that blue LED had its proper compensation.

  54. Next project by olrik666 · · Score: 2, Funny


    Quote Nakamura : "I'm happy with the settlement. I can now buy a shark to start my next project."

  55. Re:Man... that's harsh. Good for Nakamura tho by Anonymous Coward · · Score: 0
    It does not help if a company earns 50 million off of an employee's idea, but only gives him/her a T-shirt.
    What T-shirt would that be? "My company made 50 million off my patent and all I got was this lousy T-shirt."
  56. Re:Man... that's harsh. Good for Nakamura tho by elpapacito · · Score: 1

    Would somebody think of the poor company ! The poor little harmless company !

    It's not a KID you tool get your analogies real !

    some companies rely upon invention for their growth and income.

    Whoa what a shocker ! Got news for you pal, -people- flesh and bone people millions of them rely on income from their work to live...guess what ? Greedy companies and financial sector don't think TWICE about robbing them of their saving and I don't see any company uprising for the welfare of human beings.

    And if they do it's a feel good operation.

    Call me a troll I don't give a rat ass, but you get a clue dammit get a clue !

  57. Re:Man... that's harsh. Good for Nakamura tho by Anonymous+Writer · · Score: 1

    He is his only employee

    How does he manage that? It seems like only large corporations can afford to build large patent portfolios while individuals must struggle, spending too much time and money just to get individual patents granted and enforced. If he creates an invention without patenting it, what prevents others besides the party he has a contract with from using it?

  58. Some context on this... by tkny · · Score: 1
    There's a good supplemental reading that outlines what is described in the article and it's titled Dogs & Demons: The fall of modern Japan
    It actually goes far more indepth into the nation's bureaucratic practices, but there is a blurb about researchers having to flee Japan to obtain freedom to pursue research and reap the benefits.

    I recently finished reading this book and it was truly an eye-opener for understanding of how bureacracy is run in Japan, but the practice is followed very similarly for large conglomerates.

    Here's a review from Amazon.com.

    In what may prove to be a highly controversial book, Kerr argues that Japan is in big trouble: a self-destructive country that is systematically destroying its landscape, its environment, its very culture by adherence to ideas and policies that are decades out of date. The author describes land-preservation schemes that end up destroying the land; a national health program that's near collapse; an education system that values conformity over originality; money-eating government programs that no one can seem to stop. In 1994, Japan produced 91.6 million tons of concrete (30 times as much as the U.S.), much of it used to build structures that serve no purpose. In 1998, Japan's government spent $136 billion on public works, more than what it cost to build the Panama Canal. It's hard to know if Kerr hits the mark here, but he makes a strong case. Expect him to start showing up on talk shows soon, and when he does, the requests for this inflammatory position paper will begin to build. David Pitt -- Booklist

    I'm glad things are starting to change...
  59. Re:Man... that's harsh. Good for Nakamura tho by Anonymous+Writer · · Score: 1

    so this guy got $200 Million

    He only got 8.1 million. The 200 million was the initial amount, but the company appealed it.

  60. Transitor and the Blue Laser by randall_burns · · Score: 1
    The transitor was invented in part because the team involved disobeyed the Bell Labs Management. I wouldn't be surprised if something similar was going on here. I'm glad the Japanese folks have passed a law requiring fair compensation of inventors-however, I think they need to go further and look at how inventors are incorporated into the management structure of their major corporations and government institutions. If they do so, I suspect they kick the ass of the corrupt and decadent attorneys and MBA's that dominate the US today.


    1. Re:Transitor and the Blue Laser by Anonymous Coward · · Score: 0

      Uh, nice reference dude. A geocities site which also claims that autism is caused by immigration and that there's a connection between
      Timothy McVeigh and UFO:s.

      I wouldn't trust that reference if it said the sky was blue!

    2. Re:Transitor and the Blue Laser by randall_burns · · Score: 1

      Well, I happen to know Sherwin Gooch-and that _is_ what he says. As far as the statistics, do you have countering statistics?

    3. Re:Transitor and the Blue Laser by randall_burns · · Score: 1
      My other question to you: do you have a better model for the recent increase in autism in the US? We've seen other diseases increase during large scale migrations(i.e. just look at what happened to the Native Americans). Are your objections here moral/political or scientific? Honestly, the state of the science around autism seems is in pretty bad shape-particularly in the area of epidemiology. We have stuff like tenured UCSF professors saying that the problem is geeks are making too much money! I'm serious-here of course that lady has no numbers to back up her absurd claim-but she's getting taxpayer dollars!

    4. Re:Transitor and the Blue Laser by Anonymous Coward · · Score: 0

      Get your wording straight. The site says immigration _may_ be a major cause of autism-not that autism is caused by immigration. Correlation doesn't imply causality-and the author of that study knows that dang well. However, he noticed some strange data-and reported it in hopes of provoking further investigation. Same thing with his stuff on UFO's and McVeigh-all he did was report a strange coincidence. Why are you attempting to crucify this guy?

  61. Re:Man... that's harsh. Good for Nakamura tho by ackthpt · · Score: 1
    How does he manage that? It seems like only large corporations can afford to build large patent portfolios while individuals must struggle, spending too much time and money just to get individual patents granted and enforced. If he creates an invention without patenting it, what prevents others besides the party he has a contract with from using it?

    Large corporations are not the only companies in the world, so far. Many inventions happen at a lower level than you think. Heck, I've even invented things, but I've never bothered to patent them. I just keep my mouth shut and file them away in the event I think they're worth doing so some day.

    In many cases, however, innovation may not procede without a team, large capital investment and copious amount of time. Should the investors/company not be compensated, but called 'greedy bastards' in all cases?

    --

    A feeling of having made the same mistake before: Deja Foobar
  62. Re:Man... that's harsh. Good for Nakamura tho by Anonymous Coward · · Score: 0

    Yeah...

    like the last round of merit raises here??

    management and up recieved 15-35% non management were capped at 3%

    and then they wonder why the employees are pissed?

    the management's raise should be capped at the highest average % he/she gave their employees.

    if the asshat gives out 3% then his ass only get's 3%.

    but we all know that management NEVER thinks that way.

  63. Hey sure, as long as you take a pay cut... by AzrealAO · · Score: 1

    when the game get's pirated to hell and doesn't sell well. Oh, and we don't pay you a cent until your game actually starts shipping, but once it does, we'll give you a percentage of any profits, split with the rest of the Art and Development, Management, Sales, QA, IT, MIS and Support teams, once all the rest of the development, packaging, marketting and shipping costs have been recouped.

    So, your choice, really.

    1. Re:Hey sure, as long as you take a pay cut... by MrTufty · · Score: 1

      Most games still sell well despite piracy - at least, most decent games. I'm not talking so much about a percentage of profits, in any case - just a bonus if a game sells over x hundred thousand units. That way, if you've produced a game that really is amazing, and sells shedloads (like, for example, The Sims) - you get an extra bonus for your work on it.

  64. another example of exploitation by Anonymous Coward · · Score: 0

    and some still continue to beleive this myth that capitalism somehow "rewards" creative thinking. There are only 2 classes boss and worker and the bosses will always exploit the worker in capitalism regardless of their work.

  65. Re:What's that, about 1/1000th of a cent for each by fwitness · · Score: 1

    This and the child post about LEDs that turn ON when the devices is OFF are both pet peeves of mine also. The blue LED is spectacular, too much so for normal use. It's like putting a a casino billboard on your house, cool for a nanosecond, exponentially annoying each nanosecond thereafter.

    I still remember the first time I encountered a DVD player that has the light ON, when the device is off, and off when it's on. I damn near blew a fuse.

    In short, this is obviously a move by the makers of black electrical tape to boost sales. Hell, if 3M made little LightOffStrips (TM) (circular pieces of black tape) I would buy an endless supply.

    --
    -- I have fans? Wow.
  66. Blue LED - who invented the green and yellow ones by Anonymous Coward · · Score: 0

    So what about the guy that invented the light blue, dark blue, sky blue and baby blue LED's? DO they get royalties as well?

    This is quite bizzare ... it's as if you create an interesting pattern while knitting, everyone picks up on it and uses the exact same pattern, and now you get royalties on everyone using your pattern? C'mon.

    Brooklyn.

  67. Re:Man... that's harsh. Good for Nakamura tho by Grishnakh · · Score: 4, Insightful

    My dad worked for decades for one of the largest corporations in the world, as an engineer and developed many things which were patented by the company. He got to hang the patent on the office wall, but got little if any compensation for it..

    It's still that way in most American corporations from what I can see. At my job, the management is constantly talking about how we need to put out more patents, and how important intellectual property is. To give us incentive, we get a whopping $100 for filing a patent, and an enormous $1000 if the patent is accepted.

    Yeah, I guess it's better than nothing, but that's really not much incentive to work extra-hard, considering the extra time and effort needed to develop and write up the patent. If your patent is some obscure thing that no one cares about, the $1000 might be worth it to you. But if your idea makes the company hundreds of millions in profit, $1k is a really cheap reward.

    As a result, I never think about patenting anything I think of, or really bother trying to come up with anything that groundbreaking. If anything I'm working on is patentable (possible, but not likely), I'm not going expend the extra effort needed to see if it's patentable. If I get any truly great ideas, I'm just going to sit on them and wait until I'm working freelance before I do anything with them.

    It's funny how American companies give a lot of lip service these days to "innovation", but they're not willing to properly reward any of their employees for actually coming up with these innovations. A smarter society could easily outcompete us economically if they figured out how to reward people better for their efforts.

  68. Re:Man... that's harsh. Good for Nakamura tho by fatmonkeyboy · · Score: 1

    Well, I'm not necessarily agreeing or disagreeing with you. Personally, I'd side with the scientist/engineer on instinct.

    BUT...

    If I invented something like this and my employer handed me $10 million (or more), I might not stick around.

    Even if I wanted to continue doing research...with $10 million I can do my research on my own terms...and keep the riches from any future inventions to myself. Of course, for some types of research $10 million may not actually be enough to do your own research. So maybe that is some incentive to stay.

    But anyway...if a business makes its employees financially independent (whether or not this is the right thing to do), they risk losing them.

  69. You only see what you want to see. by Anonymous Coward · · Score: 0

    It is not true that Nakamura **INVENTED** blue LED. It was indeed a self-taught Soviet engineer Oleg Losev who first *discovered* the blue LED and correctly explained the phenomenon, in 1920s. Almost nobody heard about him in the West is because of he was happened to be born in Soviet Union.

    He also constructed the first completely solid-state radio functioned up to 5MHZ back then. Does anybody still remember what year was transistor invented??

    Dr Nakamura is in fact the first person invented the way to manufacture blue LED. UCSB rocks!!!

    Ref: "Subhistories of the Light-Emitting Diode", IEEE Trans. Electron Devices, July 1976, pp. 675-99

  70. Blue LED Laser, not Blue LED by Laaserboy · · Score: 1

    H.J. Round (1907) is credited, somewhat correctly with the invention of the blue-green LED. See this

    I think real blue LEDs came about in the '60s.
    Nakamura's great contribution was to use lateral overgrowth to produce the first practical blue laser. In engineering, people get more credit for practicality than first display of a principle.

    1. Re:Blue LED Laser, not Blue LED by ChrisMaple · · Score: 1
      Interesting.

      The articles referenced in this thread are generally deficient in that there is confusion between laser LEDs and non-laser LEDs. There's no mention of silicon carbide, which was for several years the most popular material for blue LEDs. Silicon carbide was mentioned in an RCA electro-optics data book available in the 1970s.

      --
      Contribute to civilization: ari.aynrand.org/donate
  71. Re:Man... that's harsh. Good for Nakamura tho by Anonymous+Writer · · Score: 1

    Many inventions happen at a lower level than you think... I just keep my mouth shut and file them away in the event I think they're worth doing so some day.

    I'm under the impression that acquiring a patent is a lengthy and costly process for the individual especially if they aren't familiar with the legal processes for doing so, even when they consult patent attorneys and such. If you finally decided to pursue a bunch of inventions you had filed away, how could you avoid this? Are there firms that help individuals create their own patent portfolios with the speed and efficiency that large corporations obtain them, without preoccupying the inventor with all the legal procedures?

  72. Re:Blue LED - who invented the green and yellow on by 17028 · · Score: 1

    Actually they do sell patterns on a per copy basis. And yes, you aren't allowed to copy them and share with your friends, because they are works of art and protected under copyright law.

  73. Re:Man... that's harsh. Good for Nakamura tho by Macadamizer · · Score: 1

    You can obtain a patent for just the filing costs by writing it yourself -- the USPTO will even help you write it. It probably won't be as broad as a patent you get by having an experienced practitioner draft it for you, but you'll have a patent.

    Sure, getting a patent may cost $20,000 -- $30,000 if you are talking about some exotic biotech invention, and you have a top law firm do the patent for you -- but there are a lot of solo patent attorneys (and patent agents) who can do most types of patents for way less money. It may still cost a couple of grand for an agent to get you a patent on a relatively non-complex invention, but that's well within the range of many solo and small inventors.

    Further, if you have a good, solid patent, there are a number of law firms that will take plaintiff-side patent infringement cases on contingency, so you don't even necessarily have to have big bucks to enforce your patent.

    Now, sometimes you get what you pay for -- but big-$$$ law firms sometimes screw up and produce a bad patent, and oftentimes solo practitioners can do an excellent job for a lot less cost (a lot of solos are former big-firm practitioners who got tired of sharing the wealth).

    It may seem like patents are only for the big guys, but that is not really true.

    --

    "That's not even wrong..." -- Wolfgang Pauli
  74. Re:Man... that's harsh. Good for Nakamura tho by antirename · · Score: 1

    I think a patent will cost you about $20K, if you hire patent attorneys, and take 3-5 years. It's not like you just mail off an application and you have a patent, especially if you might be stepping on some companies toes.

  75. Re:Man... that's harsh. Good for Nakamura tho by payndz · · Score: 1
    Morale could be helped a lot by sharing the wealth and kudos. It does not help if a company earns 50 million off of an employee's idea, but only gives him/her a T-shirt. What message does that send to employees? At least give the inventor a nice fat bunus. Some people and companies are just so fucking greedy that it blows the mind. Their greed is beyond rationality. If you want yet another 50-million invention to come along, then share the wealth a bit to prime the pump for the next idea. Otherwise you are just biting the hand that feeds your greed.

    Every penny given as a bonus to some really smart guy who comes up with a great invention = a penny not given as a dividend to some fat fuck with a stock portfolio. Welcome to modern business.

    (I generalise for comedic effect...)

    --
    You must think in Russian.
  76. Re:Man... that's harsh. Good for Nakamura tho by chialea · · Score: 1

    >Even if I wanted to continue doing research...with $10 million I can do my research on my own terms...

    Part of what's great about working at a leading research lab or university is that you work with interesting, intellegent people. Talking to people about what you're working on and what they're working on can spark useful ideas. Having people around to say "look, here's what I'm doing, isn't it cool?" is incredibly valuable for feedback and morale.

    I often work largely on my own. However, it doesn't mean that that sort of interaction isn't valuable to me, or to many other researchers.

    Lea

  77. Re:Man... that's harsh. Good for Nakamura tho by Macadamizer · · Score: 1

    $20K is on the high side for, say, and electrical or software patent, probably mid-range for biotech. Of course, if you end up with a lot of back-and-forth prosecution, that jacks the costs up.

    You can't just send in an application and get a patent -- but it's pretty close. If you send in an application and ask the examiner to write the claims for you (which you can do if you are prosecuting an application yourself, and you are not a registered agent or attorney), and the subject matter is otherwise patentable (proper matter, not anticipated or obvious), then you are all but guaranteed a patent. The only office action you'll need to respond to is an ammendment to add the examiner's claims into your application.

    And that sort of patent would only cost filing fees. May not be worth much in litigation, but you'll have a patent...

    --

    "That's not even wrong..." -- Wolfgang Pauli
  78. Re:Man... that's harsh. Good for Nakamura tho by chialea · · Score: 1

    >work straight for the manufaturers and cut out the middleman.

    There's a slight problem with that: the manufactuers are often working on thin margins and don't want to assume the risk. Just as an example, take theoreticians. Their research has led to much more efficient ways to construct circuits, perform tasks, and led to a better understanding of what is and is not possible and efficient. No one really wants to pay them, though many people benefit from their work. Cryptographers are often in the same bind: they make interesting new things possible, and find out about fundamental insecurities in old things. Just because some company would probably benefit from their work, it doesn't mean they want to pay them for it.

    Lea

  79. Welcome to the Feudal States of America by Anonymous Coward · · Score: 0

    Until American society learns to value the act of technical innovation by rewarding it financially and with status, rather than rewarding those already in "the status club" for just breathing and showing up, it doesn't deserve to get the benefit of any more technical innovation.

    After all, you get what you pay for. If what you reward is only the marketroids, suits, and lawyers, and treat everyone else like a drone, then you should only expect drone levels of technical innovation.

    Part of the problem is that no one seems to know how to measure the effect of technical innovation against company performance. And not knowing how to measure it, it is easy to say there is no way to reward it. (Software patents probably came out initially in order to address this issue, but grifters and toadies have hijacked the process.)

    In any case, I suspect the biggest part of the problem is the arrogance of those in "the status club". No one else's ideas can be acknowledged as having real value, because if they did, then "the status club" would not be able to reward or justify themselves as well. Why reward people for their hard work when it is just your due for letting them be employed in your company?

    Next stop, Welcome to Feudal States of America.
    Technoserfs form a line to the left...

  80. Hmmm by Momoru · · Score: 1

    I didn't RTFA, but I thought all those LED poisoning lawsuits would stop when they changed paint to Latex.

  81. And they do by Anonymous Coward · · Score: 0

    Evan Brown is living proof
    http://www.unixguru.com/

  82. Not in this case. by Anonymous Coward · · Score: 0

    He developed this on the cheap. He was very under funded compared to the other research efforts which ultimately were esentially failed. His inventions are a testiment far more to his personal perserverence and considerable insight rather than the market's ability to concentrate capital.

    He took a nothing little mining company and gave them a suite of technologies that lauched them center stage in an industry with far better margins. No one in that company over the last couple of decades contributed as much to their current and future success as he did. The shareholders should be lining up to suck his dick and offering their virgin daughters for his consideration.

  83. Re:I'm rich, so fuck you! by Anonymous Coward · · Score: 0

    Whoa dude, nice fantasy. Whatever that stuff is you are taking, would you send me some?

  84. Blue LED by Anonymous Coward · · Score: 0

    The cool thing about Blue LED's, is that I have a clip on flash light with just one LED, and when you hold it under your fingers in a dark room, you can see blood vessels and arteries.....

    Cool...... :-D

  85. Re:Man... that's harsh. Good for Nakamura tho by dabigpaybackski · · Score: 1
    It is more a control freak mentality.

    Which your typical MBA program is designed to produce.

    --
    "OH SHIT, THERE'S A HORSE IN THE HOSPITAL!"
  86. Re:Man... that's harsh. Good for Nakamura tho by dabigpaybackski · · Score: 1
    What T-shirt would that be? "My company made 50 million off my patent and all I got was this lousy T-shirt."

    Well, at least it would be a conversation piece.

    --
    "OH SHIT, THERE'S A HORSE IN THE HOSPITAL!"
  87. A dollar by Anonymous Coward · · Score: 0
    "I object to the notion that a dollar (to a rich man) is somehow not as valuable as another dollar is to a poor man."


    A dollar to a rich man is an addition to his collection. A dollar to a poor man is 1/3 of the way to buying lunch. Most of us live somewhere in the middle. I still think a flat tax would be fine as long as there were zero exceptions, but I understand the logic behind increasing rates with income.

  88. Re:Man... that's harsh. Good for Nakamura tho by Tablizer · · Score: 1

    If I invented something like this and my employer handed me $10 million (or more), I might not stick around.

    I was thinking more like a $200,000 bonus, window office, and a better parking spot. It does not always take huge amounts of money to make employers feel better.

  89. Re:Man... that's harsh. Good for Na (correction) by Tablizer · · Score: 1

    to make employers feel better.

    Correction, I meant "employees". Sorry bout dat. Also I meant a one-time bonus, but there could be a general raise of say 15% also.

  90. I am a bit confused... by Ogemaniac · · Score: 1

    I am not an expert in law, but the whole darned reason a corporation pays a scientist his SALARY is so that they get the rights to his INVENTIONS.

    This is in the contract that we all sign. Typical corporations usually pay a little bonus for any patent accepted, and obviously promotions are related to the successful application of your research.

    It sounds like this court is literally throwing the contract out the window. So much for law.

    1. Re:I am a bit confused... by DarkKnightRadick · · Score: 1

      You're forgetting the case is in Japan, where the law probably is different, therefore the rules are different. Also, it's my understanding that even American scientists working at a corp receive royalties and a bonus for making such an invention.

      --
      "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
  91. Re:Man... that's harsh. Good for Nakamura tho by randall_burns · · Score: 1

    MBA programs haven't helped the problem. I tend to think that the domination of legislatures by attorneys is where the problem started. The US used to have leaders like Jefferson and Franklin. I suspect their modern day equivalents are greatly alienated from the present government and business establishment.

  92. Re:Man... that's harsh. Good for Nakamura tho by Anonymous Coward · · Score: 0

    It's not specificly my job to invent patents. When I have an idea I keep it secret.

  93. Re:Man... that's harsh. Good for Nakamura tho by Anonymous Coward · · Score: 0

    At the telecom company I worked for we were promised the same $100 deal for filing and $1000 if it because a full fledged patent. Two others and myself went together and created a patentable idea and got nothing for it. In the end, the company got a nice patent which they use to sue other companies to make millions.

  94. Re:Man... that's harsh. Good for Nakamura tho by Grishnakh · · Score: 1

    You got nothing? Not even the $1100 they promised? You should be able to sue them for that; they violated their own policy. If you can prove they did this willfully, you get triple punitive damages. I'd call a lawyer if I were you.

  95. Re:Man... that's harsh. Good for Nakamura tho by Tablizer · · Score: 1

    Every penny given as a bonus to some really smart guy who comes up with a great invention = a penny not given as a dividend to some fat fuck with a stock portfolio. Welcome to modern business.

    I disagree with that weighting. Example:

    Without incentive:

    Profit from 1st invention: 20m
    Total Profits: 20m

    With incentive:

    Profit from 1st invention: 20m
    Costs of reward to emp: -1m
    Profit from 2nd invention: 20m
    Costs of reward to emp: -1m
    Total Profits: 38m

    Employees will not be very motivated to invent for a company if there is no real incentive. Capitalism requires rewards to work "right", remember?

  96. so when you work with borrowed tools... by Anonymous Coward · · Score: 0

    the lender owns your work ?

  97. capital vs capitol by wotevah · · Score: 1

    BTW, "capitol" is the city where the seat of government sits, like Washington, DC. "Capital" is money used for investment.

    Actually, with the usage you quoted, both are "capital" . The parent is still wrong though, as "capitol" is the building (as opposed to the city).

  98. 'Nother crook patent? More prior art. by chris_sawtell · · Score: 1

    I remember seeing a blue LED, with my own two eyes, in the early 1970s. It was used as a light source to calibrate and stabilise a photomultiplier & amplifier chain used to watch a sodium iodide scintillator crystal.

    All I remember about it was that it came from a scientific equipment supplier in the USA and cost a Kings Ransom, many hundreds of Dollari for a single unit. The prof. in question appeared to think that we technicians should bow down and worship this Wonderful Product of Science.

    So, how come this particular re-discoveror recons he's worth Umpteen Millions and the court actually gives him $8,200,000?

  99. Re:Man... that's harsh. Good for Nakamura tho by Anonymous Coward · · Score: 0

    $100? well, I got a dollar to hang on my wall for a patent filing. I havn't received the dollar yet but it better come nicely framed in a display case.

  100. As far as I know, that type of contract is by Ogemaniac · · Score: 1

    the basis of science everywhere, including Japan (where I am moving in a few months, actually). Generally, scientists working for a corporation do receive some type of bonus or royalty for a patent. This is all contractal, and generally minor. The basic essence of the relationship is the company's money in return for our ideas.

    1. Re:As far as I know, that type of contract is by DarkKnightRadick · · Score: 1

      Which I have no problem with. As far as I'm concerned terms of employment are a private matter between employee and employer. It's when the employer tries to screw their employees that I have a problem. I'd like to assume though that you mean generally minor in the fact that the patent generally doesn't produce the amount of money a blue LED would.

      --
      "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
  101. Re:Man... that's harsh. Good for Nakamura tho by Anonymous Coward · · Score: 0

    Furthermore, if they said they would pay you for them, and they didn't, you may actually own the patent...

  102. Re:Blue LED - who invented the green and yellow on by ScottBob · · Score: 1

    Actually they do sell patterns on a per copy basis. And yes, you aren't allowed to copy them and share with your friends, because they are works of art and protected under copyright law.

    Same thing goes with the clipart type patterns that is loaded into automatic embroidery sewing machines. My mom once paid $125 for a PCMCIA card that was pre-loaded with a dozen or so patterns such as flowers, animals, and other cutesy stuff for her embroidery machine. IIRC, the legalese for the patterns was that they were for personal use only, that she couldn't mass produce anything (say, shirts) with the designs on them and sell them for profit. On the technical side, the card couldn't be read by a computer with a PCMCIA slot because the data was in a proprietary, perhaps encrypted format, and it would work with only one brand of embroidery machine. And computer software to create your own custom clipart for embroidery machines is outrageously expensive, the program for her machine rivaled the cost of an enterprise edition of high-end CAD software.

  103. Re:Man... that's harsh. Good for Nakamura tho by Anonymous+Writer · · Score: 1

    I think a patent will cost you about $20K, if you hire patent attorneys, and take 3-5 years.

    Then how is it that large corporations seem to be able to patent things almost immediately? I know that deeper pockets allow them to get things done faster on their side, but how do they get it through the patent office so quickly?

  104. Employees shouldn't get bonuses fullstop by DABANSHEE · · Score: 1

    Unless:-

    1/ The bonuses are a part of the agreed apon work conditions sorted out before one assumed that position with that employer.

    2/ The employer elected to give a bonus for whatever reason that's in excess of the agreed apon entitlements of the job.

    I remember when a construction firm sold out at a real good price & the former owner gave every employee a million dollars each, now that's great, but such bonuses, whether based on performance or not, should not be compulsary unless they're a part of the employees agreed apon entitlements.

    IMAO this bloke should not have got that bonus unless such incentive based rewards were apart of his agreed apon entitlements, unless the employer simply wanted to give him such a large bonus, which they plainly did not.

    BTW can someone please explain how blue LEDs are so bloody useful? I assume they can't do anything a yellow, orange or green LED can? Actually blue LEDs are more of a pain, they're so bloody bright one useally ends up having to stick a couple of stick-it notes across the front of what ever box of magic tricks has one on the front.

    Untill I stuck down a bit of paper with sticky tape on the one on my computer speakers, the only way I could sleep at night with the computer/speakers on was by drinking half a dozen oversized cans of generic Bourbon 'n coke premixes or buy having a shot of smack.

  105. Sweden, Europe by Anonymous Coward · · Score: 0

    though I believe most European countries have similar laws.

    Immigration is easy as pie if you're European (read: citizen of the EU), otherwise about as tough as getting from, say, Mexico to the US.

    The specific Swedish law is named 1949:345. It says that employees have the same right to inventions as any other inventor would have, unless specific conditions below are met (par. 2), and then lists a few exceptions, notably that if you're hired to do patentable research, then that research belongs to the employer. However:

    6 par. Inträder arbetsgivare, enligt denna lag eller eljest, helt eller delvis såsom arbetstagarens rättsinnehavare med avseende å en av denne gjord uppfinning, skall arbetstagaren vara berättigad till skälig ersättning; och skall vad nu sagts gälla ändå att annat må hava avtalats före uppfinningens tillkomst.

    (If an employer assumes partial or exclusive rights to an invention, in the role of the inventor's employer, by this law or otherwise, then that employer is entitled to reasonable compensation, and this is valid even if other agreements may have been reached before the time of invention.)

    Note that the compensation mentioned here is over and above the rate of hire, and is based on the value of the patent/invention. And again, this only applies in a few special cases, such as if you're hired to research patentable blue LEDs and given specific angles of attack. Otherwise, the employee owns the patent.