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Inventing the Telephone, Independently

An anonymous reader writes "There is a nice article about the history of the telephone at AmericanHeritage.com. Most of us know that Alexander Bell beat Elisha Gray to the patent office by mere hours to claim credit for the invention of the telephone, but did you know that two other inventors can also claim the invention, including Thomas Edison? Similar disputes about independent invention and patent ownership can be found regarding the television, the airplane, and the automobile. Maybe it really is true: the economic benefit of encouraging patents is like that of encouraging window breaking."

203 comments

  1. so this was a war by roman_mir · · Score: 0, Troll

    it was a war on the rights to the First Patent Post.

    1. Re:so this was a war by Anonymous Coward · · Score: 0

      ha-ha-ha, the parent was not a Troll, it was funny

  2. Interesting... by y00tz · · Score: 5, Funny

    little known fact: Al Gore also invented the telephone.

    1. Re:Interesting... by JRGhaddar · · Score: 0, Offtopic

      little known fact:While God is credited with creating the heavens and the earth, Chuck Norris beat him to it.

    2. Re:Interesting... by Anonymous Coward · · Score: 0

      He never said that he invented the telephone, he only said that he took the initiative.

    3. Re:Interesting... by ShieldW0lf · · Score: 4, Interesting

      I don't think the "broken windows" analogy is a good one. A better one might be the tradition of some native american tribes to hold "wealth burning" parties, where the rich would demonstrate their wealth by burning it, thus necessitating the creation of more.

      By taking a situation where there exists "plenty" and using legal fictions to create scarcity, they are clearly destroying wealth.

      --
      -1 Uncomfortable Truth
    4. Re:Interesting... by Anonymous Coward · · Score: 0

      Actually, he said that he took initiave in creating the telephone, slight distinction, but important.

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

      Ridiculous. Everyone knows it was really Don Ameche.

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

      I thought it was Sir Humphrey Telephone....

    7. Re:Interesting... by Damek · · Score: 0, Offtopic

      I just wish he'd invented a way to beat Bush in 2000.

      *sigh*

    8. Re:Interesting... by johnnytv · · Score: 0

      um...he did, didn't you know that?

      --
      Install, Then Run
  3. WTF? by Anonymous Coward · · Score: 0

    *I* invented the telephone you insensitive clods!

  4. An idea whose time has come by edb · · Score: 1, Redundant

    We will patent no invention before its time.

    --
    In theory, practice and theory are the same. In practice, they rarely are.
    1. Re:An idea whose time has come by Anonymous Coward · · Score: 0

      quick! patent that.

    2. Re:An idea whose time has come by srmalloy · · Score: 1

      No, no, no...

      We will patent no invention before it becomes profitable to sue someone for violating it.

  5. and like Calculus by geoffrobinson · · Score: 5, Insightful

    Duplicating good ideas should be expected. Something like calculus shouldn't be trademarked, etc.

    But if you place the threshhold high enough, patents (esp. for a limited duration and done right) can be very much warranted and beneficial.

    --
    Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
    1. Re:and like Calculus by Anonymous Coward · · Score: 0

      "But if you place the threshhold high enough, patents (esp. for a limited duration and done right) can be very much warranted and beneficial."

      Maybe, but how do you specify such a threshold? We already have a "non-obviousness" test, but in practice it seems to have absolutely no effect. We also have a "no prior art" test, but all this seems to do is encourage extortionists to patent minor changes to prior art.

      Remember, this has to be a relatively objective, legally intuitive definition. Is such a thing even possible for patents, where the subject matter is, by definition, unknown?

    2. Re:and like Calculus by eric76 · · Score: 4, Interesting

      I wonder what it would be like if everyone who invented the same device could receive their own patents as long as their applications were filed before any were published.

      One obvious effect would be that you could license it from whichever inventor with whome you could come to the best agreement.

      I certainly can't see any logical reason why anyone who invented something independently of another should be deprived of the fruits of their own effort.

    3. Re:and like Calculus by rollingcalf · · Score: 1

      "Remember, this has to be a relatively objective, legally intuitive definition. Is such a thing even possible for patents, where the subject matter is, by definition, unknown?"

      It is impossible to have such a definition. But such objectiveness is not needed if they get away from the idea that inventors are entitled to patents. Patents need to be seen as a privilege and not a right, because a patent restricts the rights of millions of other people to do what they want with their own property.

      I think there should be a patent quota, which is about 20% or less of the current number of patents granted per year (even 20% is probably too high -- there aren't that many useful patents granted). That total would be dividied into categories with sub-quotas within each category. Every year, panels of examiners would rate each application on a combination of factors (non-obviousness, usefulness, the likelihood of prior art (if its actual existence cannot be determined), the likelihood that the thing would be built anyway without a patent, the likelihood that it would actually be built if given a patent, etc.). Applicants can get extra points by stating that they want a shorter patent validity term or having a working model.

      Those that don't meet a certain threshold of points get discarded; of those that remain, the best X number of them get patents up to the amount allowed by the quota. The next best 10% or so would get forwarded for consideration the following year, the rest are rejected outright.

      Would this result in good patents being rejected? Sure. No patent system can be perfect. But it is better to err by NOT granting a few good ones than by granting several bogus patents. The bogus patents would find it very difficult to rise above the other applicants.

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
    4. Re:and like Calculus by mikek3332002 · · Score: 1

      Well if it was imagine how much easyier it would be until a GNU clone came in thats worse then the orginal

    5. Re:and like Calculus by Oligonicella · · Score: 2, Insightful

      "... because a patent restricts the rights of millions of other people to do what they want with their own property."

      You do realize that before a patent is awarded (and a short time thereafter), there is no property for other people to lament the restrictions applied to?

      "But such objectiveness is not needed if they get away from the idea that inventors are entitled to patents."

      So you believe an inventor should invest their time/money/talent into something and just sit and hope they can make money off of it before some well-monied schmoe takes it and pumps the crap out of it, forcing our poorer inventor(s) to get next to nothing for their efforts?

      "Patents need to be seen as a privilege and not a right..."

      They are now. You must have something (ignoring the PO's problems for this sentence) to patent and do so. There is your privilege, no one comes to your house checking of you have things to patent.

      The PO has horrible problems, not the least of which is pug-ignorance. That in no way negates the desirablilty of allowing an inventor to make a living inventing.

    6. Re:and like Calculus by rollingcalf · · Score: 1

      "You do realize that before a patent is awarded (and a short time thereafter), there is no property for other people to lament the restrictions applied to?"

      The property -- namely the hands, minds, tools, and materials owned by other people -- exists before the patents come along telling them what they cannot do with it. A patent is telling me what I CANNOT do with my own hands and hammer and metal and wood and chemicals.

      "So you believe an inventor should invest their time/money/talent into something and just sit and hope they can make money off of it before some well-monied schmoe takes it and pumps the crap out of it, forcing our poorer inventor(s) to get next to nothing for their efforts?"

      So what? As it is, there is no guarantee that a patent of anything will make money for the inventor. And there should be no such guarantee. The market may not want the product, or the inventor may lack the materials to mass produce it, etc. When the standards for getting a patent are low, inventors have bigger problems worrying about accidentally infringing other people's patents.

      The purpose of a patent is to encourage inventions, not to guarantee profits for those who happen to be the first to invent something that would be independently created anyway. A patent is only useful if it brings something into existence that otherwise would not have existed (or would have had a significantly delayed existence) without the patent.

      "The PO has horrible problems, not the least of which is pug-ignorance. That in no way negates the desirablilty of allowing an inventor to make a living inventing."

      Inventors should not be able to "make a living inventing" at the expense of the restrictions imposed on the rest of society's property. That is plain robbery. It only isn't robbery if what they invented has not been created and would not have been created anyway by somebody else.

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
    7. Re:and like Calculus by SillyNickName4me · · Score: 1

      The non obvious test doesn't work because of the legal definition of 'obvious'. It is considered to be a combination of prior art and documented motivation for combining that prior art. The part about it being obvious to someone knowledgable in the field of the invention has been conveniently ignored because it is a very difficult thing for a court to deal with. (it quickly gets reduced to a yes/no argument between experts)

    8. Re:and like Calculus by SillyNickName4me · · Score: 2, Insightful

      You do realize that before a patent is awarded (and a short time thereafter), there is no property for other people to lament the restrictions applied to?

      I'm sure that a competing inventor being an hour late at the patent office will agree with your argument...

      Also, as someone else mentioned already, my brain, hands and tools aremine, that property already exists. Patents limit what I can do with those.

      So you believe an inventor should invest their time/money/talent into something and just sit and hope they can make money off of it before some well-monied schmoe takes it and pumps the crap out of it, forcing our poorer inventor(s) to get next to nothing for their efforts?

      Lets see...

      The 'poor' inventors in the current situation will have to fight those trying to hijack their patents in court. Being poor is going to be a big obstacle for that. Also, they have to deal with others being able to prevent them from making use of their invention due to existing patents.

      If you want to see how well a real inventor did, what it took to actually get the recognition he deserved, and how good this works for society, I suggest you look at the invention of television. The slashdot blurb had a pointer to an easy to read and understand article about this.

      There are many more examples of this.

      Arguing that patents protect the poor inventor is simply utter bullshit, they protect big corporations which have the money to defend them, and which have in many cases the money to hijack inventions from small inventors and get away with it because of having much bigger legal funds.

      There are some very specific cases where patents make a lot of sense, but there is also a strong correlation between weak patents and a high rate of inventions.

      There is no correlation between strong patents and an increase in inventions.

      People have been inventing things for a long long time. Patents have been around for quite some time, and definitely longer then the last 100 years. Arguing that introducing patents encouraged inventions is nice, but there is simply no historical proof for this whatsoever. There are however many historical cases where patents prevented an invention from being used for decades. Thos examples go back to at least the early 1600s in Europe.
      Some references:

      http://slashdot.org/comments.pl?sid=179900&cid=148 97559

      http://slashdot.org/comments.pl?sid=179900&cid=148 97725

      And again, the Farnsworth case. (see the slashdot blurb for a nice pointer to that)

      All in all, there is basicly no proof underlying your argument, while there is substantial proof of that argument being wrong.

    9. Re:and like Calculus by 2008 · · Score: 2, Insightful

      Because then you couldn't e.g. demo your new technology to investors whilst it's "patent pending". They could just patent it themselves and take half your royalties.
      Even if you keep your invention perfectly secret before the patent is granted and published, corrupt patent examiners would be a problem.

      --
      I quit!
    10. Re:and like Calculus by bufalo_1973 · · Score: 1

      What about a percent of difference from prior art? I know it's difficult to calculate how much differs the new thing from the old, but if the new has 60 points and, let's say, 57 have prior art it must not be patented. Then you'll have to make something really new to get a patent. But maybe I'm wrong.

    11. Re:and like Calculus by deblau · · Score: 1
      I wonder what it would be like if everyone who invented the same device could receive their own patents as long as their applications were filed before any were published.

      In order to lock out competitors, everyone who invents something would simply publish their invention immediately. Many university researchers already do this. This is good policy, in that more applications are published more quickly, but bad because people can start working around the patents quicker -- in fact, before they're even filed. That's a reason the patent office holds off on publishing for 18 months. Overall, the policy damages the patent incentive, because you're now giving people 18 months less protection.

      I certainly can't see any logical reason why anyone who invented something independently of another should be deprived of the fruits of their own effort.

      This is the 'sweat of the brow' policy justification. Justice O'Connor thoroughly repudiated it for copyright in a landmark case[1]. The problem I see with this argument is that it is arguably unconstitutional. "Congress shall have power . . . to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."[2] The policy reason for congressional power to issue patents and copyrights in the first place is given in the same sentence that authorizes that power. The Constitution does not grant Congress any power to reward hard work by handing out patents. Therefore, arguably, any patent policy passed by Congress or the USPTO (by delegation) specifically to reward hard work, while not advancing science, exceeds Congress' constitutional powers.

      Your 'sweat of the brow' policy would do precisely that -- it grants one person a patent for an invention which is identical to another person's invention. That second patent grant doesn't advance science. Notice that my argument doesn't extend beyond copyrights and patents. You can get rewarded for effort in lots of other places.

      [1] Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991).
      [2] U.S. Const. art. I sec. 8.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    12. Re:and like Calculus by bigpicture · · Score: 1

      Now just carry this logic a little bit further. Why is first so important? The patent system insists the people who come behind have no rights to their own independent but similar ideas at all. When they do come up with similar independent ideas, these are not valid just because they are later?

      Why can someone own an idea just because they had it first? What does that do for innovation, or how does it support equal human rights. Is it not granting special rights and privileges to a few, while limiting the rights of the rest of society? Why does first equate to exclusivity? Where is the logic to this prejudice? Being first did not work for the North American natives.

    13. Re:and like Calculus by Anonymous Coward · · Score: 0

      Patents do not limit what you can do with your hands or tools. Of course, they do limit what you can do with the products produced by your hands or tools (i.e. if you can sell them).

    14. Re:and like Calculus by eric76 · · Score: 1

      If I understand it correctly, Congress is considering changing it from first to patent to first to file. So they are either changing the very definition of inventor in a way that is clearly nonsensical, that is, that the first person to file for a patent is the inventor even if someone else had already done it months earlier. The only fair and honest approach is to either grant patent protection to multiple inventors or to grant patent protection only to the very first inventor.

      What happens if someone invents something and doesn't patent it? After a period of time, he can no longer file for a patent. But if someone else comes along and independently invents the same thing, can they not still apply for a patent for the same invention? Unless the original inventor published the details of the invention in some venue that qualifies as "prior art", the patent would likely be issued to the second inventor and the first inventor could then be held liable for infringing that patent.

      Also, the wording of the Constitution makes it clear that an invention has only one inventor. So why not argue that any invention that was made independently by two or more different people does not qualify as an invention since it has more than one inventor? That is, as someone else suggested, why does that not imply that it is obvious and thus not eligible to be patented?

      It is possible that awarding the patent to all inventors of the object may serve better to advance science than just to whichever inventor happened to file first. Currently, if a company knows or thinks that someone else is working on something new, they may feel that the other company has too much of a lead and so not make their own effort thinking that they will get nothing for their hard work. But if the more advanced company doesn't solve the problem or they are actually working on something else, then the invention may not be discovered until considerably later. But by awarding the patent to all inventors, a company would be more likely to work on the same problem and the potential to advance the science would necessarily be higher because they would have be able to use of their invention even if someone else beat them to it by a few days.

      Awarding the patent only to a single inventor when there are one or more others who developed the same thing independently at about the same time and by allowing only that single inventor to enjoy the rights to that invention seems to be nothing but arbitrary.

    15. Re:and like Calculus by deblau · · Score: 1
      If I understand it correctly, Congress is considering changing it from first to patent to first to file.

      I believe you are referring to the Patent Reform Act of 2005[1]. This legislation would effectively eviscerate the novelty bars to being granted a patent based on the invention date.[2]

      So they are either changing the very definition of inventor in a way that is clearly nonsensical, that is, that the first person to file for a patent is the inventor even if someone else had already done it months earlier.

      Except that pretty much every other country works on a first-to-file system. In fact the Philippines just switched to that system. On top of which, the US can use the bill as a carrot in international trade negotiations. I.e., the US ambassador says to $COUNTRY: "We'll bring our patent system in line with yours, if you give us X."

      The only fair and honest approach is to either grant patent protection to multiple inventors or to grant patent protection only to the very first inventor.

      The problems with first-to-invent are well-documented. For one thing, it causes tremendous transaction costs in case of a dispute.[3] Currently, under a process known as an interference, two inventors battle each other in a steel cage (i.e., in front of the USPTO's Board of Patent Appeals and Interferences) to see which one invented first. Litigation costs are outrageous, since sometimes millions of dollars are at stake. Under a first-to-file system, the situation is resolved by someone walking to the records room and comparing the dates on two pieces of paper. Another well-known problem with first-to-invent is that, until there is a dispute, you'll never know if someone else got there first. They might not hear about your invention until you're 15 years in to profits, then they come along and submarine you. First-to-file brings much more certainty to the system. It also makes it much faster to get a patent, since you don't have to do nearly as extensive a prior art search.

      What happens if someone invents something and doesn't patent it? After a period of time, he can no longer file for a patent.

      Correct. Under the current system, once an invention is "in public use or on sale in this country", that starts a one-year clock ticking. After that year, the inventor can no longer apply for a patent.[4] The system gives inventors a choice: patent, or trade secret, but not both. A first-to-file system gives the inventor an incentive to file immediately, favoring a policy of the public disclosure that comes from patent publication, over the non-disclosure of trade secrets.

      But if someone else comes along and independently invents the same thing, can they not still apply for a patent for the same invention?

      Yes, they can. A second inventor can claim patent rights over the first one, provided the first inventor "abandoned, suppressed, or concealed" his invention.[5] However, the second inventor is also out of luck if the invention was disclosed in a printed publication anywhere in the world before the later of the second invention date or one year prior to the filing date.[6] The Patent Reform Act retains this restriction, in Section 3, at least as to the filing date.

      Also, the wording of the Constitution makes it clear that an invention has only one inventor.

      The Constitution states: "The Congress shall have power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."[7] The plurals are used throughout. The Framers could have said "each author", but they didn't. However, the usual interpretation is that there is a one-to-one relationship between the 'inventing entity' and the patent.[8]

      Currently, if a company knows or thinks that someone else is w

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    16. Re:and like Calculus by SillyNickName4me · · Score: 1

      You are mistaken.

      Making use of a patented invention, regardless if it is for selling or for your own private use, infringes on that patent, unless you have the appropriate licence.

    17. Re:and like Calculus by StikyPad · · Score: 1

      Also, as someone else mentioned already, my brain, hands and tools aremine, that property already exists. Patents limit what I can do with those.

      Relevance? All laws limit what you can do with your hands and tools. That's what law is, and patent laws are just a subset of that. Surely you don't think that murder should be legal if you commit it with your bare hands, or your own tools? I'm not disagreeing with your overall sentiment, but that particular point holds no water.

  6. ...aha! by Avyakata · · Score: 1

    Fancy that...issues with copyrighting. I never would have imagined such a thing!

    1. Re:...aha! by rm69990 · · Score: 1

      We're talking about Patents here.

  7. Thomas Jefferson was agaist patents? by thx1138_az · · Score: 5, Interesting

    I seem to remember that Thomas Jefferson was against patents because he thought that invention was a natural course of evolution and that invention was inevitable product of the society and not the product of the individual. At least that's how I remember it.

    1. Re:Thomas Jefferson was agaist patents? by troll+-1 · · Score: 3, Informative

      And Benjamin Franklin was generally against patents. He declined to patent his invention of the Franklin Stove.

      According to Article I, sec. 8 of the US Constitution patents are supposed to promote the progress of science.

    2. Re:Thomas Jefferson was agaist patents? by Anonymous Coward · · Score: 0

      Those were both ppl though, their employers didn't automatically own their thoughts. Maybe patents should be non transferable and owned by individuals with legitimate claims to the idea (instead of Mr.Burns).

    3. Re:Thomas Jefferson was agaist patents? by mavenguy · · Score: 1

      Nitpick...they are supposed to promote progress in the "useful arts"....This clause of the constitution is the basis for present day copyrights and patents so it is written with a parallel structure..."Science and useful arts"...."authors and inventors"... "writings and discoveries" "Science" here was clearly directed to cover "learned" tomes, textbooks etc. I'll leave it to others to explain how this now includes Mickey Mouse and the latest boy band noise.

    4. Re:Thomas Jefferson was agaist patents? by CrowScape · · Score: 1

      Of course, Jefferson also wanted the US to remain an agrarian society and hated institutions that would threaten his vision (such as Hamilton's financial institutions). Do you think inventions might be seen as a threat in this context?

      --
      common sense: noun
      What those who are ignorant of the subject matter think; usually wrong.
    5. Re:Thomas Jefferson was agaist patents? by StikyPad · · Score: 1

      You forgot the "by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" part.

    6. Re:Thomas Jefferson was agaist patents? by troll+-1 · · Score: 1

      Right but your quote defines what a patent is. What I'm trying to understand is does the current system promote science (aka known as technology to congress) or hinder it? If the policies of the PTO don't promte science then they might not be constitutional. Who knows?

  8. Doesn't follow by swillden · · Score: 5, Interesting

    Maybe it really is true: the economic benefit of encouraging patents is like that of encouraging window breaking.

    That doesn't follow from the fact that inventions are often independently reinvented. Inventions are so often independently reinvented because new inventions depend at least as much on having all of the supporting technologies and ideas in place as they do on the cleverness of the inventor. Once the prerequisites are in place, it's not surprising that several bright people will simultaneously hit on the way to put them together. However, it's still possible that without the knowledge that patents will allow them to protect the results of their success, inventors might not be *motivated* to create their inventions.

    It's equally possible that the existence of patents doesn't provide any incentive to potential inventors. I think the truth is somewhere in between, but the main point is that the frequency of multiple independent invention doesn't really say anything one way or the other about the efficacy of patents as motivators for creating and publishing new ideas.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    1. Re:Doesn't follow by Brandybuck · · Score: 2, Insightful

      Read the article that quote points to. A bad patent is like throwing a rock through a window, an patent lawyers are like glaziers arguing that broken windows are good for (their) economy.

      --
      Don't blame me, I didn't vote for either of them!
    2. Re:Doesn't follow by GreenHell · · Score: 2, Insightful

      Unless you're suggesting that all patents are bad patents, then I'm not sure the article really applies.

      --
      "I won't mod you down - I feel the need to call you a twit explicitly, rather than by implication."
    3. Re:Doesn't follow by SillyNickName4me · · Score: 2, Interesting

      It's equally possible that the existence of patents doesn't provide any incentive to potential inventors. I think the truth is somewhere in between, but the main point is that the frequency of multiple independent invention doesn't really say anything one way or the other about the efficacy of patents as motivators for creating and publishing new ideas.

      What it does say is that most inventions do not take unique capabilities or unique ideas, and that the temporary economic monopoly in quite a few cases gets assigned to the random inventor who happens to be at the patent office first, and not by definition to the one who put in the most efford, made the best variation on the invention, made the best documentation or anything like that.

      What is more, if you look at the RCA vs Farnsworth battle about TV, patents can in fact delay the introduction of an invention by decades easily.

    4. Re:Doesn't follow by rolfwind · · Score: 1

      Of course the truth is somewhere in the middle - duh! The outcry against patents is that in this day and age that it's being pushed to one extreme. It's not about the lone inventor in his basement or even the researcher in his lab - it's about corporations and their lawyers.

      Instead of asking if patents are single incentive for inventors and thus is crucial - perhaps this article should have us asking - do patents hurt inventors and despite them, we, as a society, get things done? After all, there was Alexander Graham Bell and then there were 3-4 other guys whose efforts meant collectively zilch after the patent was granted.

      Don't get me wrong, I like that in order to get patents, companies have trade the knowledge in exchange for protection - so that we don't have secretive guilds like in the middle ages any longer - but it's coming to a point where many things that just require a semi-unique situtation + an hour's thought are becoming patentable.

    5. Re:Doesn't follow by TheLink · · Score: 2, Insightful

      Look up Douglas Englebart. The poor guy was so ahead of his time that any awarded patents would be useless.

      I don't see the benefit of awarding patents to everything. Perhaps there should be just a limited number of patents awarded a year. Pick the top 1000 or something.

      Or the top 1000 get 20 year protection, the next 10,000 get only 10 years. and the rest get 3 years ;).

      --
    6. Re:Doesn't follow by Znork · · Score: 1

      "I like that in order to get patents, companies have trade the knowledge in exchange for protection"

      There are some advantages to the function of patents, and this is the one that stands out as the greatest advantage.

      But the dilemma is a false one, we're not faced with a choice between monopoly or secrecey. There are many other ways we could accomplish the same thing; for example, we could scrap the monopoly part of patents and instead let the patent office hand out the money directly. That way the conflict of managing the actual cost of overgranting patents becomes an internal problem in the patent office, the budget for extra innovation incentive becomes an ordinary political fiscal issue, and the incentive to get the problem corrected falls squarely among patent holders, as they'd be the ones getting less money per valid patents if there were too many.

      It's not an either/or proposition, we can have the good of the patent system without the bad, and we can have it in a way that doesnt damage a free market economy. Such non-monopoly systems of intellectual property incentives would also be extrordinarily friendly towards free software and small inventors, as such publishers/holders could be awarded a financial incentive _without_ having to take an antagonistic stand against their users.

    7. Re:Doesn't follow by rollingcalf · · Score: 1

      I totally agree. In fact, I independently came up with the same idea, like what happens with many patents! I wrote my post above on the same thing (having a patent quota) before reading yours.

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
    8. Re:Doesn't follow by swillden · · Score: 1

      Read the article that quote points to. A bad patent is like throwing a rock through a window, an patent lawyers are like glaziers arguing that broken windows are good for (their) economy.

      I read it years ago. That wasn't my point. I'm not saying that patents are good for innovation, I'm saying that independent invention doesn't prove they're not good.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    9. Re:Doesn't follow by sjames · · Score: 1

      It's equally possible that the existence of patents doesn't provide any incentive to potential inventors. I think the truth is somewhere in between, but the main point is that the frequency of multiple independent invention doesn't really say anything one way or the other about the efficacy of patents as motivators for creating and publishing new ideas.

      The third possability is that patents may DIScourage innovation. Faced with the possability that years of hard work might become worthless because someone got to the patent office 1 hour earlier an inventor forced to do it as a hobby after work might either not bother at all or take it a LOT less seriously.

      Simply acknowledging in patent law that few if any invention are so out of the blue that only one person could have done it would go a long way towards maximising the incentive. Perhaps substantially similar patents filed before the first of them is granted should be shared by all submittors. That would also minimise the economic damage caused by monopolies. Even better (but harder to implement), anyone demonstrating in any form that they also invented the subject of the patent can share in it.

      That might also dampen the rush to patent every little not so innovative thing since it would have to be shared by practically everyone anyway.

      At any rate, the number of cases where inventors have been deprived of the fruits of their labor by patents eliminates a large class of the arguments in favor of them.

  9. To elaborate slightly by jfengel · · Score: 3, Insightful

    In other words, independent creation of invention occurs in part because the economic incentive of patents encourages many people to work on the problem simultaneously. Without that encouragement, perhaps none of them would have worked on the telephone and it might not have happened until much later.

    1. Re:To elaborate slightly by SillyNickName4me · · Score: 1

      In other words, independent creation of invention occurs in part because the economic incentive of patents encourages many people to work on the problem simultaneously.

      Care to provide any kind of proof that patents have anything to do with this whatsoever?

      Without that encouragement, perhaps none of them would have worked on the telephone and it might not have happened until much later.

      Perhaps, most likely, there would be a zillion other incentives to still invent those things.

      People have been inventing stuff for thousands of years before anyone came up with the silly idea of patents, there is really no reason whatsoever to assume that inventions somehow depend on patents.

    2. Re:To elaborate slightly by Anonymous Coward · · Score: 0

      You are basically asking someone to prove a negative.

      The factual record is that there was more economic growth in 100 years than there was in the previous 1000. Patents were a key component of that. You can hypothesize that it would have happened without the modern patent system, but the fact is that it didn't.

    3. Re:To elaborate slightly by jfengel · · Score: 1

      I'm not a historian, especially not a historian of patent law. I can't give you data. Sorry. Call yourself the winner of the argument if you like.

      But I do know that the rate of inventions increased dramatically in the past couple of hundred years. The United States was a dramatic mover in technology from its inception as a country. Perhaps it's a coincidence that the US also had a strong notion of patents (inherited from England, another patent-awarding country and producer of many of the Industrial Revolution's first advances).

      Patents during the Industrial Revolution were very different from what they are today. They were on mechanical inventions rather than mere ideas (especially unimplemented ideas). And the pace of innovation is so fast that we hardly need to encourage it; the speed of communication and the ability of customers to quickly switch from one technology to another provides different incentives to innovate and the slowing down of licensing a patent gets in the way. Change may well have made the patent system unnecessary today, but that doesn't necessarily invalidate its utility in the past, or the soundness of the original idea.

    4. Re:To elaborate slightly by SillyNickName4me · · Score: 1

      I'm not a historian, especially not a historian of patent law. I can't give you data. Sorry. Call yourself the winner of the argument if you like.

      I won't and that wasn't the point of my post really.

      But I do know that the rate of inventions increased dramatically in the past couple of hundred years. The United States was a dramatic mover in technology from its inception as a country. Perhaps it's a coincidence that the US also had a strong notion of patents (inherited from England, another patent-awarding country and producer of many of the Industrial Revolution's first advances).

      There are 2 things that coincide. That may point at a relationship, but does not in any way say that one caused the other, it merely makes it a possibility. It doesn't even say that there is such a relationship by definition.

      One can as easily argue that patents are the result of those with some political or economic power wanting to have some control over inventions.

      In the end it is very simple. In order to claim that patents are effective, one has to show cause and effect, not a mere coincidence.

    5. Re:To elaborate slightly by SillyNickName4me · · Score: 2, Interesting

      You are basically asking someone to prove a negative.

      Not at all. I asked for showing cause and effect.

      The factual record is that there was more economic growth in 100 years than there was in the previous 1000. Patents were a key component of that. You can hypothesize that it would have happened without the modern patent system, but the fact is that it didn't.

      See this post

    6. Re:To elaborate slightly by Shihar · · Score: 1

      Care to provide any kind of proof that patents have anything to do with this whatsoever?

      Do you think that a pharmaceutical company would drop a billion dollars pushing a drug from discovery, to lab testing, to FDA approval if they were not guaranteed at least a few years to sell the drug without someone copying them for pocket change and under cutting them before they can turn a profit?

    7. Re:To elaborate slightly by Anonymous Coward · · Score: 0

      People have been inventing stuff for thousands of years before anyone came up with the silly idea of patents, there is really no reason whatsoever to assume that inventions somehow depend on patents.

      Patents also give time benefits. They speed up the invention process by encouraging investment.
      You can have companies spend millions or even billions of dollars to get new technology out next year (and give them sole rights for 20 years), or you can wait 50 years until a person develops the technology in his spare time. The benefit for the company is a short term monopoly, the benefit for society is 30 extra years with the invention.

    8. Re:To elaborate slightly by eric76 · · Score: 1
      The factual record is that there was more economic growth in 100 years than there was in the previous 1000. Patents were a key component of that.

      For the vast majority of inventions, I really doubt that patents made any difference at all.

      How many inventors would quit inventing if the patent system was substantially cut back? How many companies would shut down their R&D departments?

      I think that there would probably be cutbacks in the few industries where the cost of the R&D is so high that the only way to recoup the investment is by granting the inventors control of the invention for a number of years. For the rest, I doubt that the rate of invention would change much at all.

    9. Re:To elaborate slightly by Anonymous Coward · · Score: 1, Insightful

      I've done three inventions that have been duplicated by others in the forms of a patent, CUJ article, and patent application. The stuff I did was either patented or part of a open source project so this would all be verifiable if I provided specific details. All the patents, mine or others, are as a result of normal job duty. While you get a slightly better job appraisal it's a royal pain to do a patent so there's no great encentive here. Anyway, three is a pretty good argument that stuff will be invented anyway. Now I just have to wait for my other published ideas to get patented by someone else. It doesn't bother me since I don't make any money off of my ideas.

    10. Re:To elaborate slightly by SillyNickName4me · · Score: 1

      Hmm, I suppose you intended to reply to the parent of my post? at any rate, I agree with you, and I rather think that a patent system should cover those specific cases only.

    11. Re:To elaborate slightly by SillyNickName4me · · Score: 1

      Patents also give time benefits. They speed up the invention process by encouraging investment.

      That is an assumption, not a proven fact.

      Also, investment != speed of invention. It has a relation, but if you believe that throwing money at a problem is enough to invent a solution, I suggest you go look into the invention of television. It is a simplistic way of looking at things that ignores reality in quite some cases.

      You can have companies spend millions or even billions of dollars to get new technology out next year (and give them sole rights for 20 years), or you can wait 50 years until a person develops the technology in his spare time. The benefit for the company is a short term monopoly, the benefit for society is 30 extra years with the invention.

      There is no proof of that, again, this is an assumption.

      There is no system to compare with to see which works better. There are however quite some cases where the patent system van be shown to have delayed the availability of inventions for decades. (Farnsworth and the TV once more, but for something really interesting, try to find some information about a Dutch guy called 'Leegwater' and the invention of the windmill driven pump and sawmill in the 1500s or early 1600s)

    12. Re:To elaborate slightly by SillyNickName4me · · Score: 2, Insightful

      Being first to market, others needing time to figure out what you did and how it works give you a time advantage already.. Don't see any problem there.

      Regardless, there may be some very very specific areas where patents make sense, but that doesn't mean that every field of technology or every inmvention has to be bothered by it really.

    13. Re:To elaborate slightly by dwandy · · Score: 2, Informative
      But I do know that the rate of inventions increased dramatically in the past couple of hundred years.
      Innovation is based on all invention that came before. Therefore I would expect innovation to grow at an increasing non-linear (exponential or logarithmic?) rate.
      Innovation 'expenditures' (time&money) are pulled from leisure time. In other words: We won't spend our time inventing before we hunt and gather food. So while the previous million years people spent the bulk of their day just trying to survive, we now complain when there are three people in queue at the checkout.
      Change may well have made the patent system unnecessary today, but that doesn't necessarily invalidate its utility in the past, or the soundness of the original idea.
      Actually, historically, it looks like patents did nothing. From (pdf warning) Against Intellectual Monopoly:
      We have identified seventeen economic studies that have examined this issue empirically. The executive summary: these studies find weak or no evidence that strengthening patent regimes increases innovation; they find evidence that strengthening the patent regime increases ... patenting!
      They go on to quote from these studies, both for patent and copyright. With one exception (Copyright in France, and only France, not all of Europe) copyright and patent were introduced and ... well, nothing changed other than patents were filed, monopolies were granted, and individuals got rich. No increase.
      They do then, however show that in areas where there was no protection, innovation ran rampant: take software as an example. Unprotected by patent, software has nonetheless come a long way, and now with patents looming ugly I think we can all see that innovation is going to be stifled, or at least reserved to big companies that have patent portfolios with which they can bargain with other big companies ... where does that leave the little-guy-in-the-garage? fskerd...
      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    14. Re:To elaborate slightly by lawpoop · · Score: 1

      If you are a small inventor, and have nothing but your product, you still need to line up funding, manufacturing and distribution, and marketng and promotion. Meanwhile, the big boys have all of those in place already, and can use their marketing to spread FUD about your product, and tell people to wait for thier vaporware.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    15. Re:To elaborate slightly by SillyNickName4me · · Score: 1

      And patents prevent that?

      I'm sure mr. Farnsworth agrees with you....

      You see, as long as you do this development in secret, you can come to market with your product before your competition has the slightest clue about your invention.

      Obtaining a patent however means publishing your invention, and enables those with much bigger pockets to ignore or fight your patent untill it becomes irrelevant.

    16. Re:To elaborate slightly by shaitand · · Score: 1

      "The factual record is that there was more economic growth in 100 years than there was in the previous 1000. Patents were a key component of that. You can hypothesize that it would have happened without the modern patent system, but the fact is that it didn't."

      The factual record is that there was more economic growth in 100 years than there was in the previous 1000. Airplanes were a key component of that. You can hypothesize that it would have happened without the modern Airplane system, but the fact is that it didn't.

      The factual record is that there was more economic growth in 100 years than there was in the previous 1000. Computers were a key component of that. You can hypothesize that it would have happened without the modern computer system, but the fact is that it didn't.

      The factual record is that there was more economic growth in 100 years than there was in the previous 1000. Automobiles were a key component of that. You can hypothesize that it would have happened without the modern automobile, but the fact is that it didn't.

      The factual record is that there was more economic growth in 100 years than there was in the previous 1000. Condoms were a key component of that. You can hypothesize that it would have happened without the modern condom, but the fact is that it didn't.

      The factual record is that there was more economic growth in 100 years than there was in the previous 1000. Sliced bread was a key component of...

      Starting to get the idea?

    17. Re:To elaborate slightly by shaitand · · Score: 1

      First of all, please stop using italics print for your entire post. It is highly annoying.

      "Do you think that a pharmaceutical company would drop a billion dollars pushing a drug from discovery, to lab testing, to FDA approval if they were not guaranteed at least a few years to sell the drug without someone copying them for pocket change and under cutting them before they can turn a profit?"

      A very qualified no. Since without patents there may not be quite so many billions to be made in producing a drug; pharmaceutical companies would produce them more economically.

      First, your billion dollars is largely creative accounting. For instance, the entire cost of 100 million dollar lab equipment is counted for each drug despite the fact that it was only purchased once.

      Next, that 100 million dollar machine probably cost 1-5 million to develop and probably more like $10,000 to produce an individual unit (probably half that it the developers didn't have to pay patent fees along the way). If the drug companies have less potential profits, they will demand less price inflation per piece of equipment like this. That will reduce costs.

      The FDA process is again pushed by the market economics involved. Fees can be reduced.

      Last but not least, an unsuccessful drug yields the drug companies 3-10 times that investment and a successful one gives 100 times that.

      I am lucky to see a 5% profit on investment. I manage, somehow I think they will too.

  10. Re:Thomas Jefferson was agaist patents by thx1138_az · · Score: 5, Informative

    Ah! here's the link to Thomas Jefferson's take on patents. http://www.usewisdom.com/sayings/patentsj.html

  11. Elisha Gray by Dimwit · · Score: 4, Interesting

    I don't normally post to Slashdot anymore, but I just want to point out that Elisha Gray is my great, great, great grandfather. Not that I saw any of the money. Ah well. It's something to tell the kids.

    --
    ...but it's being eaten...by some...Linux or something...
    1. Re:Elisha Gray by Cheapy · · Score: 1

      "My great great great great grandfather may or may not have invented the phone"?

      Impressive.

      --
      Would you kindly mod me +1 insightful?
    2. Re:Elisha Gray by thx1138_az · · Score: 1

      Welcome to /. Elisha Gray gets at least partial credit for the inventing of you :-) So far there is no patent on that. I suppose that our children are our only real lasting contribution... Oh! sorry to cut this short but I have to go; my phone is ringing, ttfn. But seriously my friend... welcome.

  12. You can have too much of a good thing by PapayaSF · · Score: 5, Insightful

    Yes, patents can be abused, as with submarine patents. And patents can slow technological progress, as with the wing warping patent battles. But I don't think it logically follows that patents are always bad, and that technological progress would be faster without them. After all, the patent system was created to reduce trade secrecy and and encourage invention, and it certainly does that, however imperfectly.

    --
    Q: What does the "B." in Benoit B. Mandelbrot stand for? A: Benoit B. Mandelbrot
    1. Re:You can have too much of a good thing by argoff · · Score: 1

      All to often, people have a tendancy to look at the goals and desires behind a system and not the nature of a system. The nature of the patent system is very simple --- "if you benefit from something that seems like seems like a copy of something we invented, then we reserve the right to beat you down" --- that's all there is to it. Everything else is just fluff added on to make it sound nice.

      Maybe they're beating them down to promote invention, maybe they're beating them down to destroy invention, maybe they're even beating them down to create a master race. It doesn't matter. I just hope people understand that for every invention that they create and reserve the right to "beat everyone else down", that there are probably billions of other inventions out there that they rely on in their everyday lives. If push comes to shove, it will all come back at them 1000 fold.

    2. Re:You can have too much of a good thing by product+byproduct · · Score: 1

      The patent system is not an on/off switch, it can be improved.

      Personally my main problem with patents is that they all last 17 years. The patent reviewer should instead estimate the time until he would expect an independent rediscovery if the invention was hypothetically kept secret. Just a rough estimate is ok: "would this be reinvented in 1 month, 1 year, 10 years, or only in 50 years?". This would be a fair duration for protection.

      Another new rule is that inventions that can be kept as trade secrets can't be patented. You make money off of them as trade secrets instead. Your protection is then *exactly* the duration until rediscovery. No need to estimate that duration if you can have it happen.

    3. Re:You can have too much of a good thing by Oligonicella · · Score: 1

      Why, you missed the definition. It's if you benefit from something that can be shown to be a ripped-off copy of something we invented, then we reserve the right to sue your ass.

    4. Re:You can have too much of a good thing by argoff · · Score: 1

      Well, isn't that the point though. How can you rip something off, when the person you supposedly ripped off still has the original copy?

    5. Re:You can have too much of a good thing by jbengt · · Score: 1

      IANAL, but I believe patents now last 20 years from time of application, rather than 17 years from time of issuance, at least in the US.

      Patenting trade secrets without requiring them to be published is a patently bad idea.

    6. Re:You can have too much of a good thing by SillyNickName4me · · Score: 1

      After all, the patent system was created to reduce trade secrecy and and encourage invention, and it certainly does that, however imperfectly.

      Not at all.

      The patent system in its original incarnation predates the USA by many centuries and was created to give the king control over inventions and their use.

      The idea was reused for other purposes (promoting invention), but that is from a much more recent time, and one can seriously debate how well this works (I'm not suggesting it never works, but I am saying that it has caused substantial delays in introduction of usefull inventions in quite a few cases, including the steam engine, television, and even something as old as a sawmill)

    7. Re:You can have too much of a good thing by Artifakt · · Score: 1

      "The patent reviewer should instead estimate the time until he would expect an independent rediscovery if the invention was hypothetically kept secret."

      And of course, the "tricorder", "communicator", and "non-invasive medical scanner bed" are all obviously things we weren't likely to spontaniously invent until the 23rd century without some incredible act of genius, so the basic cell phone patents, PET scan patents and such should 'fairly' be protected for at least another 200 years. There were plenty of well educated and reasonable people of just the sort a patent office is likely to employ, who thought at the time that original Star Trek's estimates for when these technologies would become available were, if anything, optimistic. You could probably find plenty of them now who would still bet we are 50 or even 100 years away from the real world equivalent of Dr. McCoy's saltshakers, whereas I'd say about 10, or even less.
              How long till computer voice recognition actually works? Till we get true AI? Teleportation? My own guesses would be respectively 20 years, 50-80 years, and Never, but plenty of people smarter than me would disagree on any of the above.
              Also, the current economics of invention mean large corporations would be trying to pack the patent offices with people who were hyper-cautious types, likely to decide that no one else would have thought of one click shopping for 100 years, if they possibly can.

            Still, your additional rule about trade secrets does make your overall proposal sound a bit more workable. Mind you, I still think you're off the mark, but in a way that might lead to something genuinely interesting in the end. You've shown enough sense to logically plug one of the worst holes that would otherwise result, maybe you can turn this into a fully fleshed out alternative.

              Another rule you might look at is greatly expanding precidence, i.e. prior art's durations in a specific field would need to be vey significant in helping determine projected durations for new inventions in the same field. That might even include not just how long the invention existed before improvements were developed, but how long until some country with less repect for patents started producing knock-off versions, how long after patenting did anyone actually make a profit off of it, and so on.
              I don't know how this idea would impact those rare, really revolutionary devices that create a whole new field, and just offhand, that might be a flaw big enough to shoot my whole suggestion down. I can also think of a lot of other questions, like "What impact should creating a safer or more 'environmentally friendly' version of an existing device, still under patent have on duration, both of the original version and the new one?"

      --
      Who is John Cabal?
    8. Re:You can have too much of a good thing by shaitand · · Score: 1

      I'm the GP's attorney. The GP has patented the ideas expressed in his original post. We demand that you immediately cease and desist expression of ideas that expand upon or enchance the original patented ideas of the GP or we will see you in court.

      Our patents expire in 20 years. At which point you may feel free to expand the patented ideas any way you like and advance the state of patent reform. Thank god for patents speeding this process along!

  13. In 100 years by DNS-and-BIND · · Score: 4, Insightful

    In 100 years time, Bill Gates will be credited with inventing the computer, and Al Gore the first public computer network. Sad, but you know it's true. Who invented the light bulb?

    --
    Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    1. Re:In 100 years by rm69990 · · Score: 1

      Who invented the light bulb?

      Duh! Everyone knows Steve Jobs invented the light bulb

    2. Re:In 100 years by Urusai · · Score: 1

      Silly fool, in the future, Big Brother will have invented the light bulb, just like he invented the toilet, television, and rat face-cages.

    3. Re:In 100 years by Amouth · · Score: 1

      GE?

      j/k

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    4. Re:In 100 years by Anonymous Coward · · Score: 0
      Who invented the light bulb?

      Well, as long as something like Wikipedia exists in 100 years time, anyone who cares will be able to find out the truth.

    5. Re:In 100 years by Captain+DaFt · · Score: 5, Informative

      Well, if by "light bulb" you mean electric light, the phenomenom was well known in scientific circles back in 1820, as the folowing quote from "Oersted and the Discovery of Electromagnetism" at http://www.clas.ufl.edu/users/fgregory/oersted.htm
      shows:

      "Since I expected the greatest effect from a discharge associated with incandescence, I inserted in the circuit a very fine platinum wire above the place where the needle was located."

      In other words, a current through a thin wire made electric light.
      Not very practical though, only known power source was galvanic batteries (Which quickly ran down), and needed expensive platinum wire to keep the filament from melting or burning up right away.

      The obvious solution was to encase a cheaper filament in a vaccum (ie: bulb), but good vaccums were difficult to achieve, and good filaments were also a problem at the time. They needed to be cheap, very thin, mechanically strong, electrically conductive, (but not too much) and with stand high temprature, not an easy combo to come by.

      After some twenty years of research, English physicist and electrician, Sir Joseph Wilson Swan successfully demonstrated a true incandescent bulb in 1878 (a year earlier than Edison) http://www.maxmon.com/1878ad.htm

      Not that they were the only two working on it, just the first two to produce a practical version that got public attention. (As I recall, a German and a Canadian also demonstrated similar lights at about the same time, but I can't remember their names.) }:-P

      --
      The U.S. really needs an English to Wisdom dictionary.
    6. Re:In 100 years by shutdown+-p+now · · Score: 1

      Alexandr Lodygin held a patent for a filament lamp in Russia in 1874 (having applied for it in 1872), and established a company manufacturing those. It was not a commercial success though, but it certainly did draw some attention, enough for him to be awarded for the invention. He is also generally assumed to be the one who first came up with the idea of using tungsten filaments.

    7. Re:In 100 years by westlake · · Score: 1
      Who invented the light bulb?

      Thw problem isn't simply that of the light bulb.

      The problem is to engineer all the component parts of a commercially viable system: Power plants, distribution networks. If power is to be sold, its usage has to be metered. To reduce the risk of fire and electrocution, you need standards for household wiring, switches, fuses, etc.

      It takes a certain genius, organization, talent, money and discipline to fit all the pieces together. That is why men like Bell and Edison are remebered, and the also-rans are not.

    8. Re:In 100 years by Anonymous Coward · · Score: 0

      Who invented the light bulb?

      That's nothing! The real question is how to change it?

    9. Re:In 100 years by sgt_doom · · Score: 1
      Excellent erudition.

      Edison did put forth the most practical idea, having gone bankrupt in the process of inventing AND marketing it. Many don't realize today (thanks to revisionist history) but the electric light was a hard sell for Edison. It wasn't until it was shown in the European Exposition - where it became an almost instant hit - that American backers finally caught on to it!

    10. Re:In 100 years by shaitand · · Score: 1

      That is why men like Tesla come along and solve all these problems. Edison had nothing to do with it.

    11. Re:In 100 years by petermgreen · · Score: 1

      yeah unfortunately tesla is more remembered for the madness of his later years (tesla coils beaming power etc) than his truely revoloutionary idea of a polyphase (i can't remember if he used two phase or three phase but both are far far more workable than single phase) AC distribution system.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    12. Re:In 100 years by Anonymous Coward · · Score: 0

      tesla coils beaming power etc

      Argh. Argh. Argh. This WORKS. It always worked. "Electricity too cheap to meter" was just not palatable to tesla's capitalist backers. Look, you can wirelessly beam power. It's experimentally demonstrable. Now, it means raised e.m. fluxes, but I would take them over the horrible particulate pollution from infernal combustion engines. http://bea.st/sight/lightbulb/

  14. The Modern Era... by __aaclcg7560 · · Score: 4, Funny

    The one thing you will never see in this lifetime is Bill Gates standing in line at the Patent Office while Steve Ballmer barricades the front door.

    1. Re:The Modern Era... by Anonymous Coward · · Score: 0

      Ballmer doesn't barricade, he throws chairs. Kinda like Donkey Kong.

      (hmm, Ballmer Kong. I gotta learn how to make them Flash games.)

    2. Re:The Modern Era... by Anonymous Coward · · Score: 0

      how the hell do you spend so much time getting slim when you're on your computer all the time? you claim you go to the gym and swim, but you're on slashdot all hours of the day you fat piece of useless shit

        There is no theory of evolution, just a list of creatures Chuck Norris allows to live, and pretty soon, you're gunna be on the endangered species list because you're too fat for chuck norris's standards asswipe

    3. Re:The Modern Era... by __aaclcg7560 · · Score: 1

      How... boring.

  15. Alexander Bell did not invent the telephone either by Anonymous Coward · · Score: 4, Informative

    Even back in 1876, the USPTO ignored prior art.
    Philipp Reis' version of the telephone is from 1860.
    Antonio Meucci's version of the telephone is from 1854.
    Meucci's version is not really the invention of
    the phone either, the principle probably was discovered
    by Page in 1837, but Meucci *did* file for a US
    patent, which he did not get simply because he
    ran out of funds.

    So in 1876 there was a rush to get a patent
    on the phone, where four guys competed, none
    of whom was anywhere close to being the
    original inventor of the phone.

    Thomas

  16. Obligatory Firesign Theatre quote by bmo · · Score: 1

    "Did you know the Indians invented the wire recorder?"

    --
    BMO

    P.S. - it's disturbing how "Everything You Know Is Wrong" is so similar to late-night talk radio these days.

  17. Bridges, Software, Copyright, Patents and Open So by thorpie · · Score: 3, Insightful

    Bridges come in all shapes and sizes, from the 4,200 ft span of the Golden Gate to the pipes under the road at the top end of Sandy Creek. If anything software is even more diverse, from programs with tens of millions of lines of code down to simple routines of a line or two to automate some mundane task.

    Constructing a bridge costs, as does developing software. The vast majority of bridges are public property. They have been funded and built by such a large pool of people - government's of one form or another - for the common good, for use by anyone at anytime. However there is a substantial pool of private bridges. Most of these are bridges built for specific non standard vehicles such as trains. Others are built for the conveyance of standard vehicles but tolls are charged for a variety of reasons.

    Starting from the precept "We are human, we can do anything and get to anywhere we want", a toll bridge must provide a cheaper and/or quicker alternative to other ways of getting from A to B. To invest in the toll bridge its constructor determines that he can charge a particular toll, at that toll he will get a particular amount of traffic and that this income will repay the cost of building the bridge. The constructor needs to satisfy themselves about the surety of the factors that affect the bridge usage. They minimize their risk by identifying as many factors that will adversely affect bridge traffic as possible and blocking these adverse factors where possible.

    Where huge bridges are required, the Golden Gate, Sydney Harbour and the like, tolls can be seen to be fair without imposing monopoly conditions on the general populace. No conditions need imposing on ferry services, no conditions need imposing blocking alternate routes, the bridge operates in a standard competitive environment because it is so obviously a beneficial object.

    On less obviously beneficial bridges the actions of people are substantial factors that affect the financial viability of the bridge. Controlling these actions is a form of monopoly rights granted by the relevant government(s). These rights include: restricting other river crossings; guarantees of road construction to ensure their bridge is the prime route over the river; concessions that the investors have the sole rights to offer peripheral services, service centres offering fuel and food etc. These rights are generally granted for a limited time and the bridge often reverts to public ownership at the expiration of this time.

    This model is open to abuse. The rights granted may be disproportionate to the benefits. A bridge may be built over a small creek for little cost and the constructor granted a perpetual ban on any other bridges being built 20 miles in either direction. Or the government may agree that other routes will be closed or allowed to degrade, or they may put restrictions on other services, or they may allow the operator to insist that users of the bridge utilize other services before they can use the bridge etc. etc.

    Transferring this view of bridges to intellectual property one would have to conclude that there are no Golden Gates or Sydney Harbour's. Every method developed has alternatives that can be simply developed and deployed. Intellectual property monopoly rights can only be related to the pipes under the headwaters of Sandy Creek with a guaranteed monopolies 20 miles in either direction. They are completely out of proportion with the benefits these pipes offer.

    In fact the situation is worse than this. A better metaphor is monopoly rights to a pipe under a train line. The pipe owners charge not only a toll for using the bridge but force you to load your car onto their railway carriage and force you to utilize their passenger service for the 200 yard journey over the Sandy Creek floodplain. The alternative is to drive an extra 50 miles through the mountains because they have monopoly veto rights over any road bridges over Sandy Creek.

    Another alternative, that can be likened to op

    --
    The memories of a man in his old age are the deeds of a man in his prime - Floyd, Pink
  18. Well, patents ARE a government approved monopoly by mozumder · · Score: 3, Insightful

    Patents are the exact opposite of a true free-market capitalistic system. In this case, the "goods" are ideas, and there is only one seller that controls the market for it. That seller determines the price and who can/cannot buy this idea. This is clearly a monopoly. Capitalism can only work when there's millions of sellers and millions of buyers. When such conditions do not exist, socialism needs to be instituted.

    Patents prevent a true free market for ideas, and yet, in our current system, the value of the ideas are controlled by the patent holder. The system of patents need to change, to include things like price controls of the ideas, or to allow multiple patent holders if developed independently.

  19. The parable of the broken window by 91degrees · · Score: 1

    Do economists agree with this in all cases?

    The idea that the shopkeeper may have spent the money on something else may not be true. He might have done. Or he might have been hoarding the money. The glazier on the other hand, is more likely to see that money as a perk, and spend it immediately.

    Did Hoover Dam mean that the US was out by the cost of one dam? Did Nazi Germany's economy suffer because they were spending a lot of money on weapons? Why does the modern capitalist society encourage us to spend more and more on luxuries we really don't need?

    Surely if the broken window fallacy was totally a fallacy, we could all work less. We don't all need new cars. My 10 year old TV still works as well as it did the day I bought it. Modern technology means we could all easily have a very comfortable lifestyle, with the essentials of life - with shelter, and all the food and clothing we need - if we all worked a 20 hour week. Most of society spends its time producing non-essential luxuries that people certainly don't need and wouldn't want if we weren't constantly told how good they are. According to the broken window fallacy, society is out of pocket be a very large number of luxury goods.

    1. Re:The parable of the broken window by raoul666 · · Score: 2, Interesting

      But with people breaking windows, society has less *stuff* total, which is the measure economists use. When you buy a new car, you'll sell yours to someone else, not just junk it (unless it's quite old.) So you'll have a new car, and someone else will get your car. That's twice as many cars as there was before, and one's nicer. Cleary an improvement. With windows, there's just a replacement of the window, not anything new.

      Also, people who "hoard" money also help the economy (well, today they do, since basically no one keeps it in a box buried in the backyard). They'll invest it in stocks, or bonds, or just put it in the bank, who'll then invest it. And investement is good for the economy.

      In short, yes, all economists agree about the broken window fallacy.

      --
      When cryptography is outlawed, bayl bhgynjf jvyy unir cevinpl
    2. Re:The parable of the broken window by 91degrees · · Score: 1

      So you'll have a new car, and someone else will get your car.

      And someone else will get theirs and someone else will get theirs and at the end of the chain, someone will dispose of an old car. So society has lost a car for the one that was replaced. Wouldn't it be better for the economy to encourage manufacturers to make cars that last longer?

    3. Re:The parable of the broken window by ichigo+2.0 · · Score: 1

      Also, people who "hoard" money also help the economy (well, today they do, since basically no one keeps it in a box buried in the backyard).

      And even if someone buries their money in a box it benefits society, because when the money supply decreases everyone else's purchasing power increases.

    4. Re:The parable of the broken window by ichigo+2.0 · · Score: 1

      And someone else will get theirs and someone else will get theirs and at the end of the chain, someone will dispose of an old car. So society has lost a car for the one that was replaced.

      But everyone's car will be better. If the first link in the chain had junked his car instead of selling it, the second link might not have been able to afford a car upgrade, thus resulting in the rest of society not benefitting.

      Wouldn't it be better for the economy to encourage manufacturers to make cars that last longer?

      Yes it would, and it does. The marketplace will pay more for cars that last longer, thus giving manufacturers incentive to make longer lasting cars.

    5. Re:The parable of the broken window by raoul666 · · Score: 1

      2 things wrong with that logic: first, there are people who have no cars, so society does not necessarily lose a car. Second, even if someone does junk their old car, the average quality of cars is increased.

      Also, cars do last a long time, if properly cared for. It's quite easy to have a 10, 20, 30 year old car. The fact that some people like to "trade-up" every 2 or 3 years, well, that's their business, and it makes me that much better off when they do it.

      --
      When cryptography is outlawed, bayl bhgynjf jvyy unir cevinpl
  20. Patent = monopoly by pesc · · Score: 3, Interesting

    The problem with patents is that most people think that patent owners are heroes and if your country awards more patents it is an indicator on how inventive your country is. People also believe that patents encourage a competitive industry.

    Newsflash: Patents = monopolies

    A patent is a monopoly on a technology. The patent office is a government institution that hands out several thousand monopolies each year. Most of these monopolies are awarded to foreign corporations.

    Why would someone who believes in market economy and free competition support the government handing out monopolies?

    How can handing out monopolies to corporations increase competition in the market place?

    Why is Microsoft, a convicted monopolist, applying for, and getting a large number of legal monopolies? Why does the government sue MS for abusing their monopoly, and then give them thousands of legally enforcable monopolies?

    --

    )9TSS
    1. Re:Patent = monopoly by technos · · Score: 1

      Patents, unlike their Mickey Mouse extended brethren, are still limited in term.

      Why would someone who believes in market economy and free competition support the government handing out monopolies?

      No matter how big or skillful a company is, someone else will one up you.

      Say I design the holy grail of automotive technology. I spend years researching optimal mix ratios, air flow diagrams, doing computer modelling to increase burn efficiency. End result, it doubles the mileage of your average gas guzzler.

      Now, with a patent, I stand to recover my money invested at very least, if only by selling it to Conoco-Phillips for them to bury.

      Without a patent? I'll get mabye two months making it on my own to recover costs before everyone knocks it off and I'm irrelevant. I probably won't make back anything near research cost before you can buy a Hong Kong knockoff version made by Chinese slave labor for less than my cost to have it machined.

      Patents allow innovation in the marketplace by giving inventors incentive to innovate. (My god, that just sounded wrong.)

      Now, patents on some stuff. Just silly.

      Business models? Shouldn't get one. Every business model under the sun has been tried at one point or another; Just because it now involves a computer doesn't make it new. Reverse auctions? Nothing new there, lots of secondary market resellers do just that, with phones and faxes. One click checkout? You used to see it on Little House on the Prarie reruns, when Pa would tell the clerk to put the groceries on his tab and deliver em.

      Gene patents? Meh. If you discover a gene that controls, say, heart disease, and then you develop a specific way of changing that gene, sure, you can have a patent. But "Our computer search of the sequence shows this bit may or may not have an effect on vascular plaque, so we're going to patent this sequence" is bull.

      --
      .sig: Now legally binding!
    2. Re:Patent = monopoly by professionalfurryele · · Score: 1

      "Say I design the holy grail of automotive technology. I spend years researching optimal mix ratios, air flow diagrams, doing computer modelling to increase burn efficiency. End result, it doubles the mileage of your average gas guzzler.

      Now, with a patent, I stand to recover my money invested at very least, if only by selling it to Conoco-Phillips for them to bury."

      That's just it, you don't. Because you infringe on 27 trivial patents Ford has which are necessary for your engine to work. And if you try to produce your engine or sell it to someone else you can be your arse Ford are going to sue. Making your invention worthless. Unless you are a big company with a massive portfolio of otherwise worthless patents that Ford is infringing on so that you can cancel out thier worthless patents.

      Patents don't help the little guy as you claim. If you invent something clever you will not get rich. You will get skrewed. Unless you have a multibillion dollar corporation behind you, kiss your invention good bye. We need a system which punishes anyone who files for a trivial patent with harsh economic sanctions. A system which says "no physical invention is attached to this, pleasse pay one quarter of a million dollars for every day you wasted of the patent office". And we need to impose it retroactively.

    3. Re:Patent = monopoly by dwandy · · Score: 1
      Now, with a patent, I stand to recover my money invested at very least, if only by selling it to Conoco-Phillips for them to bury.
      Without a patent? I'll get mabye two months making it on my own to recover costs before everyone knocks it off and I'm irrelevant. I probably won't make back anything near research cost before you can buy a Hong Kong knockoff version made by Chinese slave labor for less than my cost to have it machined.
      There's some false logic in there.
      First of all, even with a patent there is no guarantee that you make any kind of return on your time. There is only the guarantee that you can call a lawyer if you see someone else using 'your' invention. Then if you have the cash to pay the lawyer, or can find one that will work for a cut, you can make your way to court, and see if a judge agrees that they owe you some money.
      Second, actually making and selling your invention is not the only way to make money from an invention. If your invention impacts an industry you can profit by knowing that your invention is about to hit the market. In your example, your invention decreases fuel consumption. So, this would decrease oil usage, driving oil prices down, so I would short oil companies on the stock market, and profit from knowledge. You would then (in fact) get maximum effect if you broadcast your invention to all and insisted loudly that everyone copy and implement this. The faster the adoption rate, the higher your profits. The point is that making your invention is not necessarily the only way to profit from it.
      Third of all, is your two month estimate is based on any kind of research? It seems short to me. Bear in mind that in this world there are limited resources for everyone. No one is going to 'copy' a bad idea - so an 'idea-leaching' company would have to wait to see which ideas take off. While they wait to see if your idea takes off, you are already profiting from it. Then (and only then) do they start to reverse engineer your idea. So even if it only takes a couple of months to figure it out, you still have a couple of years head-start. Beyond that, you have perhaps improved the design since your first release. Finally, you have also become a brand name in this area - and consumers will pay for brands. The brand Aspirin is a trademark (in Canada), and sits next to the generics on the shelf and costs more and still sells. The point is just that the 2-month theft is a very simplistic viewpoint.
      Patents allow innovation in the marketplace by giving inventors incentive to innovate. (My god, that just sounded wrong.)
      Innovation didn't need an incentive for a million years, and there's no reason to believe it does today. The people pushing this viewpoint are the monopolists who want to keep it that way...
      --
      If you think imaginary property and real property are the same, when does your house become public domain?
  21. Patenter VS Inventor, it is a question of fame by doudou42 · · Score: 3, Insightful

    The real inventor of telephone is Antonio Meucci, Bell stole the idea from him.
    What is amazing is the fact the two names quoted in the original post are Bell and Gray : The person who tried to patent the idea.
    Recognition of Meuci by the Congress

    1. Re:Patenter VS Inventor, it is a question of fame by Anonymous Coward · · Score: 0

      I'd call it a shared invention by him an Johann Philipp Reis.
      For a detailed timeline see http://en.wikipedia.org/wiki/Timeline_of_the_telep hone

    2. Re:Patenter VS Inventor, it is a question of fame by jojo80 · · Score: 1

      Are you sure, it wasn't Philipp Reis from Germany? He presented his telephone in Oct. 1861...

    3. Re:Patenter VS Inventor, it is a question of fame by westlake · · Score: 1
      Bell stole the idea from him.

      Bell's research like the Wrights" is well-documented.

      He came to the problem because of an initial interest in the multiplex telegraph and with the imagination to make the connection between his work with the deaf and the possibility of the telephone.

      Congress is always willing to throw a bone to the ethnic vote. These resolutions are passed and forgotten without a second thought.

    4. Re:Patenter VS Inventor, it is a question of fame by Anonymous Coward · · Score: 0
      The real inventor of telephone is Antonio Meucci, Bell stole the idea from him.


      Funny, I din'nt know that he owned the idea of communicating between people?



      Oh wait, he doesn't



      Read your facts, the patent system only covers inventions - the product of ideas, not raw ideas themselves. The "stole the idea" concept is a complete load of fallicious bullshit reasoning indended to mislead the public and unknowing stifle creativity. Products of ideas should be protected, but not the raw ideas. The raw idea is too broad to be claimed by one person and more than one person can come up with it independently - hence why so many people have the same idea simultaneously without knowing each other.




      Covering ideas, or pretending to do so, or otherwise having too much control will stifle creativity and invention almost as much as if there was no protection whatsoever. This kind of reasoning that ideas are entities that can be owned and "stolen" is just as, of not even more dangerous to than the current patent system.



    5. Re:Patenter VS Inventor, it is a question of fame by Anonymous Coward · · Score: 0

      Meucci apparently had a working telephone years earlier. You can read an interesting account of his life and research here.

  22. Other lesser known Edison inventions. by stimpleton · · Score: 0, Offtopic



    Other lesser know inventions by Thomas Edison:

    - The Tuxedo T-Shirt
    - The Tampon
    - and an early version of the inflatable love doll.

    --

    In post Patriot Act America, the library books scan you.
  23. Patents good? by typical · · Score: 5, Insightful

    But I don't think it logically follows that patents are always bad

    But it need not, for patents to be a net disadvantage.

    After all, the patent system was created to reduce trade secrecy and and encourage invention, and it certainly does that, however imperfectly.

    I'm not sure about that.

    At the research facility where I worked before the current one that I'm working at, important inventions that really provided an edge over the competition was always kept a trade secret? Why? Because everyone in the industry cross-licensed with each other, because otherwise nobody could actually build anything. Patenting something was just giving it to the competition. Patents were reserved for less useful things.

    The net effect was to keep anyone new from entering the market. Patents don't have to all be perfect -- if there are two hundred patents held by incumbents waiting to attack anyone wanting to enter the market, most of the patents can be thrown out and the newcomer is still going to have a hard time entering the market.

    --
    Any program relying on (nontrivial) preemptive multithreading will be buggy.
    1. Re:Patents good? by Anonymous Coward · · Score: 0

      Preventing trade secrecy and trade guilds was its primary goal. Patents encourage public disclosure of your invention by providing protection for 20 years. Your invention would fuel ideas for other inventors. You take a risk keeping your companies invention and trade secret. Once its disclosed then you are SOL. My company also keeps trade secrets and has has a large patent portfolio. You must weigh the risks and benefit. It is getting harder to keep trade secrets with all the reverse engineering capabilities. Take away patents and you bring innovation to a crawl. Imagine your computer melting as you open the case to protect the motherboad's design.

  24. Re:Patents are violent by Shihar · · Score: 2, Informative

    IMHO, copyrights can't survive the information age, but patents are far more evil. The imposition of patents in most cases is nothing short of plain physical coercion. The fact is that 99% of invention is progressive, just another stage built upon the countless other layers of understanding and invention already out there. The only competition that patents promote is trying to lock out new inventions that might allow new technology to bypass your patent portfolio.

    That simply isn't true. There are issues with the patent system, but if you feel that 99% of the time they cause harm, you really just don't understand the entire issue. I can think of at least one industry that would literally die over night if patents were suddenly done away with.

    Pharmaceutical research would pretty much grind to a halt without IP laws. It can take up to a billion dollars to push a single drug from discovery, to lab testing, past regulation, and into production. No one is going to drop a billion dollars just to have their closest competitor copy what they just achieved at not cost to themselves. It simply would not happen.

    This is the case in a lot of leading edge fields. In a lot of fields you need to create something that is amazing complex and capital intensive. You need to drop millions or billions of dollars on developing a product before it becomes viable. IP protection is the only thing that gives you any sort of assurance that if you find something, someone just can't steal it.

    I am not saying that the current IP system is all roses. In fact, it down right sucks in many ways. That said, claiming that IP in general is a great evil that needs to be done away with is utterly ignoring the role it serves in helping to spur R&D work.

  25. I wouldn't say that by dtfinch · · Score: 2, Interesting

    Several people invented the telephone, independently, partly because they all wanted patent-enforced monopolies that could make them rich.

    Maybe I'm chasing an impossible dream, but I have to wonder if there's a better way to provide a strong incentive to create ideas and other information other than by placing artificial restrictions on the availability and use of that information. I've got no ideas here.

  26. Re:Alexander Bell did not invent the telephone eit by Anonymous Coward · · Score: 0

    Excellent. Now go and do some research on who actually had a working device and get back to me.

  27. No way by Anonymous Coward · · Score: 0

    I cannot believe that no one has mentioned Chuck Norris yet.

  28. Watch your language by Anonymous Coward · · Score: 1, Insightful

    Using "violence" to describe a bunch of whining oily pencils calling their lawyers to write a letter is just as dumb as using "property" to describe something without any tangible manifestation or value. (or "terrorism" to denote looking at a cop cockeyed or being brown skinned for that matter)

    What is it with peoples misuse of basic language these days?

    Everything else you say is pretty much on the money. A better term is possibly "abuse". The system is abused because it's hopelessly quaint and irrelevant in the 21st century, but it isn't _violence_.

    1. Re:Watch your language by mabhatter654 · · Score: 0, Flamebait

      Patents are one of the few ideas in the US that allow somebody to prevent you from doing something perfectly moral and legal just because they have a "privilage" from the government. Patents allow somebody else, with the government's help [remember, guys with legal guns] to take your hard work and property because you infringed the idea of somebody else.. even if you knew nothing about the idea! I'd say that's pretty violent!

  29. your sig by Anonymous Coward · · Score: 0

    hahahahaha i love your sig

  30. Who Did invent the TV? by RotateLeftByte · · Score: 5, Insightful

    I know there are many claims to who is the inventor of the Telephone. There are similar claims about the TV.
    The link to the "inventor" of the tv fails to completely mention John Logie Baird.
    This very eccentric scotsman was a pioneer in TV development. There is still to this day a great debate amongst historians about who was first.

    http://www.infed.org/walking/wa-baird.htm

    The first TV pictures he sent were down a phone line!
    At least the place where the worlds first TV station broadcast from is still standing and is a great monument to those involved.

    --
    I'd rather be riding my '63 Triumph T120.
    1. Re:Who Did invent the TV? by westlake · · Score: 2, Informative
      The link to the "inventor" of the tv fails to completely mention John Logie Baird.

      Baird stuck with mechanical scanning and display well into the thirties, long after the superiority of a pure electronic system had been demonstrated.

    2. Re:Who Did invent the TV? by Anonymous Coward · · Score: 0

      The article mentions Baird Television, a British company.

    3. Re:Who Did invent the TV? by Blakey+Rat · · Score: 1

      And now we have DLP televisions... go freakin' figure.

    4. Re:Who Did invent the TV? by Anonymous Coward · · Score: 0

      baird fiorst demonstrated his television in 1924 - 4 years before farnsworth.
      indeed, while farnswortth was demonstrating his version of television in 1928, the BBC was in the advanced stages of setting up its own broadcast service.
      ok, so bairds version of television was dramatically different from what we have today - but even so, he was still the first to transmit moving pictures.
      after all, just because there are next to no aeroplanes in use today which bear any resmblance to the wright flyer, in either looks or technology, doesnt mean that they didnt build the worlds first working aerial vehicle capable of controlled flight after taking off under its own power.

    5. Re:Who Did invent the TV? by Anonymous Coward · · Score: 1, Interesting
      after all, just because there are next to no aeroplanes in use today which bear any resmblance to the wright flyer, in either looks or technology, doesnt mean that they didnt build the worlds first working aerial vehicle capable of controlled flight after taking off under its own power.


      Except that, and how appropriate, Richard Pearse flew before the Wrights.

      http://chrisbrady.itgo.com/pearse/pearse.htm
  31. Re:Patents are violent by Troed · · Score: 1
    It can take up to a billion dollars to push a single drug from discovery, to lab testing, past regulation, and into production


    The parts that are done secretly, while reinventing processes others in turn also have been inventing, fighting with tooth and nail to be a few months ahead, yes.

    ... but if I ask you to prove that's the most effective way, especially at /. where people immideately understands the benefit of open-source-do-not-reinvent-the-wheel-AGAIN, I think your pre-written sentences above will start to crumble.


    Maybe I'm biased, working in software engineering. I regulary see patents being applied (and granted) for extremely trivial things. There might have been a time where patents lead to a net benefit, but I have had my doubts for several years that it's the case now (and yes - that's including the pharmaceutical industry, even if it means a slight change in how they work)

  32. Multiple standards by NekoXP · · Score: 1

    Would we have a better system if we let all 4 inventors share ideas and work on a mutually compatible telephone system? I doubt they would have agreed to it to be honest. Inventors are stubborn, "I'm right you're not" kind of people :)

    We all complain about the battle for HD-DVD and Blu-Ray, all those memory card standards, all number of things. Patents ARE like breaking windows; in such a free market it encourages thousands of "patent-avoiding" inventions. Companies (and inventors) would rather have their own patent portfolio than license someone else's.

    But therein lies the rub: patents are useful. The window-breaking is what companies do when they refuse to license a patent from someone, and putting windows within a stone's throw and daring people to break it is what companies do when they refuse to put a patent out as licensable.

    The free market should be free, and patents a revenue source, not a contrived lock-in for greedy corporations. And let's be clear again: it's the greedy corporations at fault here, and not the patent system.

    1. Re:Multiple standards by CentraSpike · · Score: 1

      I like the idea of a free market in patents. If it could work then it should be easily enforceable by the patent office. ie. you can't have a patent unless your willing to accept market rates for licensing - thus allowing the market to value the patent and avoiding monopolies.

      This, of course, isn't the first time i've thought about this and here's the problem I always hit. There is no scarcity in a market for licenses (unless it is invented through anticompetitive measures) - as a result allowing market forces to determine the correct price will result in a price of zero.

      However, the difficulty alluded to with regard to assigning patents to individuals is not really a question of the wider economic problems associated with monopolies (fairness for the consumer). It is a question of fairness with regard to who benefits from providing invention (fairness for the supplier). In this respect I find myself torn between the desire to have the opportunity to create something and profit from it personally and the wider socialist view that invention should be for the benefit of society at large. From a socialist standpoint, invention (and the progress it affords) could be seen as the duty of each member of society, much like politeness, it is necessary and people will continue to do it for their own benefit and the benefit of their friends whether they profit financially from it or not. From this I tend to conclude that the market should not be in the ideas themselves (so called intellectual property - but i prefer to call it information property) but in understanding the ideas (ie. support and market driven future development) - in such a market it would seem likely that the originator (or originators) of a technology or idea will have the competive edge of reknown in the market place.

      The same principles could be applied to copyright. An author could make revenue from after dinner speaking or a lecture tour. Or a distributor profiting from advertising revenue in its distribution channel could commission new work to keep itself known as the best place for finding new an interesting fiction.

      The example may be over simplified but eventually, i believe, it will be necessary to accept that information has no intrinsic value in of itself (in that once it is available it cannot be effectively made scarce) and that the real value is in understanding and continued creativity (both might be termed intellectual potential).

      So there you have it, IP - Information Property or Intellectual Potential, you decide :)

    2. Re:Multiple standards by Anonymous Coward · · Score: 0

      A "free market" and patents are incompatible by definition. (there could be a free market for buying and selling patents themselves, but the markets for any goods (and recently effectively processes and services too in the USA at least) covered by patents are not free while the patents exist). So essentially, patents destroy free markets in what engineers are good at in favour of free markets in what lawyers/mbas are good at. This is one of the reasons why engineer and lawyer salaries are so out of whack. A patent is of course far more valuable than an engineering design because a patent lets you legally impede certain potential actions of every citizen of a country. But it's fallacy to say that if something is valuable (capable of being assigned a value!) if it exists that it's right that it should exist! Slaves are valuable if slavery exists...

  33. Re:Alexander Bell did not invent the telephone eit by Sique · · Score: 1

    Philipp Reis had. He showed it to the Frankfurter Physikalischer Verein in 1860. The first sentence ever spoken via wire was "Das Pferd frisst keinen Gurkensalat." (The horse doesn't feed on cucumber salad.) One of the members of the Physikalischer Verein invented the nonsense sentence to make sure the demonstration wasn't rigged.
    Philipp Reis invented the name 'telephon' (1863). He died in 1874, so he had no chance to battle A.G.Bell in court.

    --
    .sig: Sique *sigh*
  34. Article displays bad logic by fortinbras47 · · Score: 1, Troll
    And unfortunately it appears to be the prevailing Slashdot logic.... The fallacious argument reduces to this:
    (1) SOME patents are bad patents (they patent obvious and/or previously innovated ideas)
    (2) Therefore ALL patents are bad and our society shouldn't have patents

    (1) is true. (2) is false. (2) does not follow from (1). The hostility to IP on slashdot really amazes me, especially considering all the stuff we would not have if it were not for patents:

    AIDs drugs would never have been developed if after billions of dollars spent on research, the drug would instantly be copied by generics and sold for zilch. For example Gilead Sciences was founded in 1987 and burned investor money for a decade before getting its AIDS drug approved. If they couldn't sell it for a high price, investors would stop making expensive long term investments in biotech.

    If some invention costs $X to develop, it is ILLOGICAL to invent it if the inventing person/company cannot earn more than $X from the invention. If some knockoff company can come in and steal the idea, then the inventing company will NOT earn $X. This is especially true if the development cost is high and the distribution cost is low. Knockoff companies will compete and drive the product's price close to the cost of manufacturing the product, and there will be no way to recoup development costs.

    I agree there needs to be more separating the wheat from the chaffe in patents, but the blanket hostility to patents I so often see here is logically unsound and in the real world, will literally lead to disease, death, and worse lives for everyone.

    1. Re:Article displays bad logic by CentraSpike · · Score: 1

      I agree with the comment about poor moderation - this is a valid comment in most respects.

      Unfortunately I don't agree with the conclusions of said comment. In essence fallacious logic has been used to support the patent system. It cannot be concluded that without patents money would not be spent on drug development as there exist other forms of finance - not least public funding. If the logic were to be correct then we would not have street lighting, which is expensive to provide, where anyone is free to stand under a street light without paying a toll. Instead it is deemed beneficial to society as a whole and paid for out of taxation applied to society as a whole.

      Back to the question of whether patents are bad (and to mix metaphors :), I agree, there is no need to throw the baby out with the bath water due to a few bad apples. However, it might be noted that just because patenting has appeared to provide a useful function in the past it does not mean that it will continue to do so or that abuses will not eventually become the norm rather than the exception (I think this is what many slashdotters believe and fear - myself included i'm afraid).

  35. Basically... by Majin+Bubu · · Score: 2, Informative

    ...The article says: Bell was not the first to invent the telephone (that's why in Italy we honor Meucci for that, even though the idea was probably even earlier) but he was the first to patent it, because he was richer and had better lawyer. It seems that nothing has changed in the past 150 years after all.

    --
    Ander

    @=

  36. Broken window qft by ichigo+2.0 · · Score: 2, Informative
    A young hoodlum, say, heaves a brick through the window of a baker's shop. The shopkeeper runs out furious, but the boy is gone. A crowd gathers, and begins to stare with quiet satisfaction at the gaping hole in the window and the shattered glass over the bread and pies. After a while the crowd feels the need for philosophic reflection. And several of its members are almost certain to remind each other or the baker that, after all, the misfortune has its bright side. It will make business for some glazier. As they begin to think of this they elaborate upon it. How much does a new plate glass window cost? Two hundred and fifty dollars? That will be quite a sum. After all, if windows were never broken, what would happen to the glass business? Then, of course, the thing is endless. The glazier will have $250 more to spend with other merchants, and these in turn will have $250 more to spend with still other merchants, and so ad infinitum. The smashed window will go on providing money and employment in ever-widening circles. The logical conclusion from all this would be, if the crowd drew it, that the little hoodlum who threw the brick, far from being a public menace, was a public benefactor.

    Now let us take another look. The crowd is at least right in its first conclusion. This little act of vandalism will in the first instance mean more business for some glazier. The glazier will be no more unhappy to learn of the incident than an undertaker to learn of a death. But the shopkeeper will be out $250 that he was planning to spend for a new suit. Because he has had to replace a window, he will have to go without the suit (or some equivalent need or luxury). Instead of having a window and $250 he now has merely a window. Or, as he was planning to buy the suit that very afternoon, instead of having both a window and a suit he must be content with the window and no suit. If we think of him as a part of the community, the community has lost a new suit that might otherwise have come into being, and is just that much poorer.

    The glazier's gain of business, in short, is merely the tailor's loss of business. No new "employment" has been added. The people in the crowd were thinking only of two parties to the transaction, the baker and the glazier. They had forgotten the potential third party involved, the tailor. They forgot him precisely because he will not now enter the scene. They will see the new window in the next day or two. They will never see the extra suit, precisely because it will never be made. They see only what is immediately visible to the eye.


    source
  37. Still badly broken. by expro · · Score: 2, Interesting

    I wonder what it would be like if everyone who invented the same device could receive their own patents as long as their applications were filed before any were published.

    But this still cuts out all those who legitimately develop something obvious after it has been patented. What is obvious to one person may not be obvious to a patent examiner. Just because it was not obvious to a patent examiner does not mean it would not have been obvious to any number of others who are at the top of their fields and should have the right to do research without the landmines laid everywhere for them by the government-granted monopolies or even oligopolies you propose. It would still be badly broken. It denies others the right to independently develop without paying taxes to the one who hired the lawyers first.

    1. Re:Still badly broken. by SillyNickName4me · · Score: 1

      The problem is that obvious in this context doesn't mean what you think it does.

      See this discussion for some more information.

    2. Re:Still badly broken. by symbolic · · Score: 1

      With respect to patents, I believe that "obvious" means obvious to someone in the field. This is why software patents are so stupid...almost every piece of software builds on prior knowledge and methods, and to start cordoning those off is a recipe for disaster. With few exceptions, I'd argue that most software-based methods are either so obvious, or the next logical step in refinement, that any sane person wouldn't think twice about patenting. But then, we're stuck with lawyers.

    3. Re:Still badly broken. by CrowScape · · Score: 1

      Hey! If it wasn't for lawyers, we wouldn't need 'em!

      --
      common sense: noun
      What those who are ignorant of the subject matter think; usually wrong.
  38. fundamental problem with no perfect solution by fortinbras47 · · Score: 1
    You've hit upon the fundamental tension between (1) incentives for developing new ideas (2) efficiently using all currently known information

    Information, especially in today's Internet age, has a distribution cost of close to 0. The cost of giving information to 1 additional person (marginal cost) is close to 0 and therefore the economically efficient price is close to 0. To efficiently distribute CURRENTLY KNOWN information, the price should be close to 0.

    BUT, if the price for all information were 0, then there would be no incentives to create new ideas. There would be no incentive to develop AIDS drugs etc... To create incentives to create new ideas, the price of information has to go above 0, but any price above 0 leads to less dissemination of information that we would like.

    As I understand it, this is a fundamental problem with no solution. I think the goal of a patent/copyright system isn't to create a perfect system (which is impossible) but to create a workable system that strikes a reasonable balance between disseminating information and creating new information.

    **Warning: the following is an impossible solution** This is totally theoretical, but if you were some kind of all seeing god of pricing, you could charge different people different prices for the same information. If Alex valued a new mp3 from SuperAwesomeBand at $0.50 I would charge him $0.45 or something like that. If Bob valued the same mp3 at $0.02, I would charge him $0.01 If it were possible to know how much each person valued a piece of information, then you could practice price discrimination and you would have efficient creation of new information and efficient dissemination of information. But practicing price discrimination like that is impossible.

  39. But the very requirement that it be high-priced by expro · · Score: 1

    But the very requirement that it be high-priced and obscenely profitable warps the development to an extreme degree at various levels, both in the value of the drug to the masses who cannot afford it, after such huge moneys were spent on it that might have been spent on a more-rational approach if one of the requirements had not been developing something so different from traditional approaches that no one else would be allowed to copy it when it was completed.

    People might make the same argument about an operating system, that no one would produce one given the high costs if it were not possible to earn high profits from every copy sold. If (and this is a big if) it were impossible to do the research in any other way, charitable organizations could easily help, if it weren't for all the patent minefields and money of the drug cartel that obstructs them today. Research would not be done in the same way as today, and that would be a good thing. If drug research is the best argument you have, your argument is lost.

    Like their illegal drug counterparts, if it were not for the laws restricting their development and production, the free market would reduce the prices and they would be developed anyway. I'd like to see how much of the actual money for all the supporting research aids drugs came from public coffers anyway, only to have the resulting drugs patented and exploited by the few.

  40. Parent Post is Victim of Biased Moderation by fortinbras47 · · Score: 0, Offtopic
    The parent post:

    Directly comments on the theme of the article
    Is 100% factualy accurate
    Is logically sound

    I guess anyone who doesn't buy the anti-IP hype gets modded as a troll. I think that's a shame.

  41. Re:Patents are violent by Anonymous Coward · · Score: 0

    Funny. Your claims about the pharmaceutical industry sound exactly like the TV commericials I see from them. You have been brainwashed.

    The fact is that overwhelmimg majority of basic research discoveries done in medicine are done by university affiliated researchers who may benefit a little from big dicoveries, but usually not as much as you think. They don't have the leverage and so get bought by big pharma at a low price.

    Most of the money that pharmaceutical companies spend is on clinical trials and marketing. Actually, of the several hundred million dollars per drug that is spent on "developing" a new drug, the majority is actually marketing.

  42. Re:Thomas Jefferson was agaist patents by westlake · · Score: 0, Troll
    Thomas Jefferson's take on patents.

    Jefferson's slaves, who had to translate his ideas into reality, might have appreciated some more immeadiate return for their labor.

    Jefferson was blind to the Industrial Revolution but he surely understood only too well that the slave states were not going to be a hotbed of innovation.

  43. I've come to the conclusion by hey! · · Score: 0

    that for some people, the Al Gore/Internet inspired jokes are like sex.

    Sure, it's pretty much the same thing every time, but somehow it never becomes boring.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  44. If you're looking for synchronicity by Joseph_Daniel_Zukige · · Score: 1

    Look at freedom instead of patents.

    A free people will use their imagination to improve their lives. Therefore, they will invent.

    And, concerning strong patents, no, the US has not had particularly strong patents until fairly recently. Maybe it's a coincidence, but the telephone monopoly was broken up about the same time patents started being made too strong (by allowing algorithms, business methods, and other ideas to be made subject to patent, and the the swamp of re-tread patents that resulted, and the failure to check patents properly in the crush). Anyway, the telephone monopoly breakup is what has been fueling the innovation so that it could continue in spite of stronger patents.

    And that is what SCO is on about. Darl should be excommunicated.

  45. No TV dispute by Veteran · · Score: 2, Informative

    There was no TV patent dispute: Farnsworth invented it, RCA attempted to steal it and failed. The history of RCA under Sarnof is truly disgusting. The company fortune was built on patents stolen from Major Armstrong who invented the super regenerative, super heterodyne, and FM radios as well as the phase lock loop. Armstrong committed suicide after he lost - in one of the worst court decisions in recorded history.- the FM case to RCA

    Most of the abuses of the patent system would simply disappear if only individuals could own patents - instead of companies.

    1. Re:No TV dispute by Anonymous Coward · · Score: 0

      There were two inventors of television - Farnsworth and Zworykin. Farnsworth was ahead in some aspects (sync generation) Zworykin in others (CRT). Zworykin had a working electronic pickup tube before Farnsworth, but Farnsworth had a better one for many years. The notion that Zworykin "stole" or backwards-engineered television is a slander maintained by some Farnsowrth partisans who resent Sarnoff's Bill-Gates-esque treatment of competitors. If Zworykin had never been born, Farnsworth would have developed a commercial television system by the early 1940s, but if Farnsworth had never been born Zworykin would have done the same. Get over it. The two men were *both* geniuses. Nobody stole anything.

  46. Parallel inventions are only natural by D4C5CE · · Score: 1
    In retrospect, there always seems to come a time when certain ideas are "ripe" to start showing up independently, almost at once, in similar incarnations all over the place - not unlike flowers in spring.

    This may of course suggest that many "inventions" are nowhere near as unrelated as their "inventors" might (quite honestly) wish to believe - which calls for restraint in strengthening the patent system without clear evidence of its benefits.

    Sir William G. Armstrong, president of the British Association for the Advancement of Science, put it this way - in 1863(!):

    "the seeds of invention exist, as it were, in the air, ready to germinate whenever suitable conditions arise, and no legislative interference is needed to ensure their growth in proper season"
    Albeit first made in a different context, it is also worth recalling Victor Hugo's observation from the same era that:
    "Nothing in this world is as powerful as an idea whose time has come."
  47. There are many mysterious things about the mind by hey! · · Score: 1

    for example, where great mathematical proofs come from.

    However, where most inventions come from doesn't seem at all mysterious to me. The only really surprising thing in the whole lineage of the telephone is the inventions of the idea of an electrical circuit. That was a stroke of genius.

    After the ciruit was invented, it seems to me it was only a matter of time before somebody invented the doorbell, which in turn begat the telegraph which in turn begat the telephone which in turn begat radio.

    Along the way, there have of course been contributory strokes of genius. The superheterodyne receiver, for example, is pure genius. But the chain of inventions, to my way of thinking, pretty much follows a logical progression. Once telegraphy becomes a lucrative business, people start working on telegraphy related inventions, using more or less the same materials and stock of knowledge. The Bell story is an example of this.

    Bell was trying to create, in effect, what we'd call today a frequency division multiplexing system for digital signals. You can see a kind of parallel evolution here to digital telecomuniations. The same problem (expensive data lines being a limiting factor) leads to the same idea (send multiple signals down the same lines by frequency shifting). The technology to do this, it turns out, is exactly what is needed for a rudimentary telephone, and even though that was not what he set out to do, that was the next logical development.

    I'm not a historical determinist by any stretch of the imagination. But I think there evidence is clear that in technology, the frequency of this simultaneous invention has to make me believe that many inventions were "in the air" -- that is to say their time had come -- not in their inventors' heads.

    The Bell/Gray story has always struck me as a bit fishy. It could be that the problem was Bell was one of those perfectionists who wait until their hand was forced; however if this is the case why did he move on that particular day? His lawyer must have had some intelligence on what the competitors were doing. But even so, the fact the several people were so close calls into question whether the telephone can be considered "non-obvious" in the way patentable inventions are supposed to be. I wonder how many patents would be issued if having a number of people hot on the trail of the invention were taken as ipso facto proof that the invention was "obvious".

    This doesn't necessarily preclude patents functioning to promote the progress of useful arts and sciences. It just means that the idea that a patent system is needed to be fair to inventors is wrong. There are just too many arbitrary factors involved.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  48. more fuel by dwandy · · Score: 1
    pdf warning
    In the next 30 years steam engines were modified and improved, and such crucial innovations as the steam train, the steamboat and the steam jenny all came into wide usage. The key innovation was the high-pressure steam engine -development of which had been blocked by Watt by strategically using his 1775 patent. Many new improvements to the steam engine, such as those of William Bull, Richard Trevithick, and Arthur Woolf, became available by 1804: although developed earlier these innovations were kept idle until the Boulton and Watt patent expired. None of these innovators wished to incur the same fate as Jonathan Hornblower.
    Basically, the industrial-revolution hero Watt, patent holder for an improved steam engine spent the duration of his patent in court, fighting to keep improvements on 'his' invention from being produced.

    So there are a couple of interesting bits to this:
    (1) Watt produced few steam engines while he held the patent. He spent his time in court, not in a factory/on-site making steam-engines. Nor did he improve upon it. Others did.
    (2) Innovation happened despite his patent, but were simply held back until the patent expired. So, it can easily be argued that patents held back the industrial revolution by (roughly) the duration of the patent.
    (3) After the patent expired, and despite newcomers to the field, and despite everyone having twenty years to prepare for this eventuality, Watt was able to make a living selling, installing and servicing steam engines. Despite other advances, and despite competitors also making steam engines, his expertise and his steam engines were still saleable commodities.

    From all this it can easily be argued that without patents we would be further (technologically) along than we are today. It can be further argued that patents were unnecessary for Watt to earn an income/return on his investment. Since these are the two basic arguments for patent protection it's easy to see that patent was in fact a negative effect on one of the most important events in the last few hundred years.

    --
    If you think imaginary property and real property are the same, when does your house become public domain?
    1. Re:more fuel by SillyNickName4me · · Score: 1

      Its sad that this story repeats itself over and over isn't it?

      Thanks for the interesting read.

  49. Yeah, we could all work much less by Joseph_Daniel_Zukige · · Score: 2, Insightful

    and the world would be better for it.

    Every hour of overtime you put in is an hour somebody else could have been paid to work.

    And if everyone were working 20, maybe 30 hours a week, there would be sufficient product for all. And we'd all have more time for taking care of our health, our relationships with family and friends, and other really important things.

    1. Re:Yeah, we could all work much less by 91degrees · · Score: 1

      Unfortunately, economics has a different definition of "better". As far as I can see, economically speaking, the world is a better place if you butcher people and sell the body parts than if you spaend time with your family.

  50. reason? by dwandy · · Score: 1
    After all, the patent system was created to reduce trade secrecy and and encourage invention, and it certainly does that, however imperfectly.
    While I wasn't there when patents were first debated and granted, I'm not sure that that was the real reason. oh, I'm not saying that wasn't in the glossy, but I just don't think that it was the real reason.
    The real reason, as it always is, is money. If I could get a law passed that guaranteed my income (by way of eliminating competition) without further effort I'd sure talk to my buddies in the government about getting such a law passed. I'd probably discuss it with them at a lavish dinner party that poor folks weren't invited to...
    --
    If you think imaginary property and real property are the same, when does your house become public domain?
  51. A Bit o' History by cheesedog · · Score: 1
    You really should look more closely at your history.

    For example, those countries with the 'weakest' patent systems have often shown more innovation than those with 'strong'. This is particularly true of Switzerland and drug patents, and even of Germany (compared to the US and Britain prior to the 1970s).

  52. Re:Patents are violent by Oligonicella · · Score: 1

    "(and yes - that's including the pharmaceutical industry, even if it means a slight change in how they work)"

    Easy to say in so trite a manner. Please explain these "slight" changes, why they are needed and how the pharm industry can accomplish the shift and still be productive. Please be succint.

    In other words, you're bullshitting.

  53. Re:Patents are violent by Oligonicella · · Score: 1

    And you've been brainwashed by the "corporations are eeeeeviiiillll" crowd. Provide some statistics instead of simply regurgitating their selling points, please.

  54. Re:Alexander Bell did not invent the telephone eit by Oligonicella · · Score: 1

    Does not follow. A German in germany is not subject to the USPTO. He wouldn't have been able to battle anyway, international displutes weren't regularly entertained in mid 1800's.

  55. Re:Alexander Bell did not invent the telephone eit by Anonymous Coward · · Score: 0

    Both Meucci and Reis had working devices which they demonstrated publicly. Compared to Reis' device,
    Bell's phone is supposed to have better quality when transmitting speech and poorer quality when transmitting music.

    Page did not have a working device, but without
    Page's research none of the other guys would
    have gotten started.

    Thomas

  56. This gets me thinking by CaptSnuffy · · Score: 1

    Is it a mere coincidence that Windows is so prone to breaking?

  57. Re:Alexander Bell did not invent the telephone eit by Sique · · Score: 1

    But at least his invention would (as prior art) have prevented A.G.Bell's patent being valid. But the USPTO decided to grant the patent anyway.

    --
    .sig: Sique *sigh*
  58. Re:Patents are violent by Troed · · Score: 1

    Sorry, I thought that was obvious from my previous post. When it's no longer economically feasible to perform all R&D yourself you start cooperating with other companies, sharing the costs.

    This has been done already in a number of other high cost sectors (telecom) - why should the pharmaceutical industry need special treatment?

  59. Re:Patents are violent by Anonymous Coward · · Score: 0

    You need to do some reading about patents and their apparent negative consequences on innovation. Even (maybe especially) in the pharmaceutical industry.

    Check out this report in particular chapter one and nice. Unfortunately it's in PDF format.
    http://www.dklevine.com/general/intellectual/again st.htm

  60. Typical Canadian... by freezin+fat+guy · · Score: 0, Offtopic

    re: Bell, Isn't it so typical of a Canadian to steal the thunder for someone else's hard work? Talk about a nation of low-down, snivelling, back-stabbing weasels. Smart folk lock up their daughters when those cheating Canucks are around.

    BTW - did I ever mention that I invented the internet mere hourse before Al Gore? (A surprising number of people don't realize the web was born in Moose Jaw) The queen is going to knight me for sure...

  61. Re:Patents are violent by argoff · · Score: 1

    Pharmaceutical research would pretty much grind to a halt without IP laws. It can take up to a billion dollars to push a single drug from discovery, to lab testing, past regulation, and into production. No one is going to drop a billion dollars just to have their closest competitor copy what they just achieved at not cost to themselves. It simply would not happen.

    Actually the facts show that just the opposite happens. http://levine.sscnet.ucla.edu/papers/ip.ch.9.m1004 .pdf Both Germany and then later Italy, and now India have/had thriving pharmacutcial R&D industries right up till patent systems got put in place. What you say sounds nice in theory, but in practice it punishes people who collaberate on R&D between companies and researchers, but on the bright side it does benefit lawyers and marketing departments.

    This is the case in a lot of leading edge fields. In a lot of fields you need to create something that is amazing complex and capital intensive. You need to drop millions or billions of dollars on developing a product before it becomes viable. IP protection is the only thing that gives you any sort of assurance that if you find something, someone just can't steal it.

    Once again, you don't know what you're talking about. There is a reason why the non proprietary x86 architecture took over the market place, and the better designed motorolla one didn't. There is a reason why we use ethernet networks today, and not token-ring, there is a reason why the IP protocool took off and the novell networks protocool didn't, there is a reason why the Mac's didn't seize the market place even though it was a better GUI and came before Microsoft. And today there is a reason why Microsoft is getting their butt kicked in the server space today by Linux. There is a reason why biotech stagnated for 10 years till they started to apply open-source ideas to DNA. How come the innovation in boitech has increased in the last 3 years while the number of patent submissions has gone down? It just amazes me the people who wouldn't recognize a free market - even when it rpis them a new one.

    If you follow the money, and you follow the industry: It says the message loud and clear that patents and copyrights are shit, and it greatly rewards any industry and company that figures out new ways to bypass the proprietary crap of someone else.

    It remids me of the people who said "well Marxisim is good, it was just implemented bad" - while blowing off the 100 million people who were murdered because of it over the last 50 years. Bullshit. Facts mean something, and when they don't back up theories than it is the theories are shit not the facts.

    The fact here is that patents are violent, patents are evil, and there are millions of dead people in Africa to prove it, and hundreds and thousands of dead companies that "had" good implementations to prove it here.

  62. Edison by scharkalvin · · Score: 1

    Edison DID improve Bell's telephone with the carbon
    grain transmitter. Perhaps this is the reference to Edison
    inventing the telephone. Edision also missed something else,
    though it might have been obvious in hindsight, it would have
    been hard to see at the time.

    The telephone in Edison's time was limited in range. At the
    time he improved the telephone transmitter there was still the
    problem of long distance phone circuits, too much power
    lost in the wires. A way to recover the lost signal was needed.
    Induction coils helped to a point, but range was still limited
    to a few hundred miles, not enough for a cross country circuit.

    At the time he was doing the telephone work, Edison also was
    working on the electric lamp. The early carbon filament bulbs
    turned black on the inside due to the carbon boiling off the filament
    and being deposited on the inside of the bulb. There was a shadow
    on the side of the bulb in line with the filament, but on ONLY ONE
    side of the bulb. Edison inserted a wire into the bulb between the
    legs of the filament. He discovered that a current would flow between
    this wire and the positive side of the filament, but not the negative side.
    He had discovered thermionic-emission, the Edison Effect. He didn't understand
    how current could flow in a vacuum, but there it was.

    The atomic theory of matter was in it's infancy at the time, but it was
    assumed that electricity was the flow of small negativly charged particles
    of matter. They even had a name, electrons. With a bit of a reasoning,
    Edison could have figured that the negativly charged electrons were attracted
    to the positivly connected wire and were repeled by a negatively connected one.
    Then ... if he added a third element between the filament and the anode wire,
    he could control the flow of the current. In fact he would find that a small
    change in voltage of the control element would cause the same change in current
    as a large change in voltage on the anode element. This is the same
    ratio as the Mu of a triode vacuum tube!

    This bit of reasoning would have given Edison an amplifier to enable him to
    build long distance phone circuits. It would have to wait until Lee Deforest
    and Westen Electric in 1910 to put the Edison Effect to work here.

    Edison wasn't Enstein. He couldn't perform the needed thought experiments
    to streach the Edison Effect into a triode amplifier, but the required thought
    process is very simple and could have been done with what was known about
    electricity and matter at the time.

  63. Re:Patents are violent by iminplaya · · Score: 1

    I can think of at least one industry that would literally die over night if patents were suddenly done away with.

    Patent law? Oh, those poor starving attorneys. Yeah, that's a beaut all right. Well hell, I can think of a whole bunch of industries that will "literally die over night" if marijuana prohibition was suddenly done away with. So, I guess it's much better to drag all of society down to the depths with draconian, racist, unjust law so that these industries can survive. Especially the expanding private prisons. We're giving people jobs. No matter that it's the devil's work.

    Pharmaceutical research would pretty much grind to a halt without IP laws.

    Oh please! That just doesn't wash. It's just another tired old smoke screen designed to cover up and distract us from the rampant corruption and featherbedding, and of course "packaging".

    Yes IP is a farce designed to restrict the flow of knowledge. It only spurs hoarding and speculation for the benefit of very few people.

    --
    What?
  64. Johann Philip Reis - 10 years before Bell by Anonymous Coward · · Score: 0
  65. Re:Patents are violent by SillyNickName4me · · Score: 1

    I think those who desire a privilege have to show they are worthy of the privilege, not the other way around.

    You may have failed to notice that Switserland has quite a name in development of drugs and such, and at least till recently had a rather weak patent system.

  66. Re:Patents are violent by Anonymous Coward · · Score: 1, Insightful

    Sorry, I thought that was obvious from my previous post. When it's no longer economically feasible to perform all R&D yourself you start cooperating with other companies, sharing the costs.

    I am sorry, are you suggesting that the massive phara corps join TOGETHER to form one massive cartel has enough money to push through drugs and then not compete with each other to ensure profit?

  67. Re:Patents are violent by argoff · · Score: 1

    Yes IP is a farce designed to restrict the flow of knowledge. It only spurs hoarding and speculation for the benefit of very few people.

    Copyrights are designed to restrict the flow of knowledge, patents are designed to restrict it's application. That's why patents are soo dangerous - you can't stop information with a tank, but you can stop it's application. Patnets brought to their logical conclusion will result in nothing but violence. For history we can look at the plantation era and the emergence into the industrial revolution which forced the commoditisation of the labor force and the death of the plantation system. Controlling the labor force as a property right required physical violence, and so will patents eventually.

    The Civil War was the bloodiest war in history, and cost more American lives than WW1, WW2, Viet Nam, Korea, and Iraq combined. Why was it the most bloody? because we were just learning how to create new technologies to kill people (machine guns, gas, etc ...), but hadn't evolved to learn any defenses yet. If we are smart, we will learn from that and kill patents now before they blow up in our faces. The wealth of the plantaion system didn't matter, the fact that they called slaves property didn't matter, and all those well educated business men who thought they knew what business and property and commerce were about - they were wrong ........ well, the same is true with patnets today.

    Do I know for a fact that things will end up that violent? well no. But considering their track record with AIDS in Africa the prospects do not look good.

  68. omg you ARE a historian by Mateo_LeFou · · Score: 1
    I'm not a historian, especially not a historian of patent law. I can't give you data. Sorry. Call yourself the winner of the argument if you like.
    But I do know that the rate of inventions increased dramatically in the past couple of hundred years.

    There's some data!

    The problem, of course, is that it proves nothing. For every Industrial Age with patents there's a Renaissance or Athens without them.

    The United States was a dramatic mover in technology from its inception as a country. Perhaps it's a coincidence that the US also had a strong notion of patents

    See, this is where you should stop: "perhaps it's a coincidence". Maybe look at a real set of data before forming your opinion

    My opinion is that lots of things were invented in the 18th century because the use of reason was widely encouraged. I encourage everyone to use reason. Base their opinions on data, that sort of thing

    --
    My turnips listen for the soft cry of your love
  69. Re:Alexander Bell did not invent the telephone eit by Lars+T. · · Score: 1
    --

    Lars T.

    To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

  70. Re:Patents are violent by localman · · Score: 1

    The pharmaceutical argument for patents seems to be a fallacy. Read Why Drug Companies Don't Need Patents and On the Necessity of Drug Patents. I think they make some pretty compelling arguments.

    So even the old fallback argument for patents is suspect. I'll admit that in some very rare and specific cases, patents provide some benefit for society, but I am convinced at this point that they are a substantial net loss.

    Cheers.

  71. Scheme for Reforming Patent Law by UriahZ · · Score: 1

    It has become apparent to all that there are an enormous number of bogus patents, that patents are frequently used to hinder progress, to create monopoly, stifle competition, and generally impede economic growth. Despite their being bastions of capitalism, it should be noted that it is always in the best interest of the wealthy corporation to interfere with competition-- at the expense of the general public. What's wrong is that we have both laws against anti-competitive behavior (in the form of anti-trust), and then more laws encouraging anti-competitive behavior (in the form of IP law). Worse than that, there are long legal precedents in place stating that if you fail to 'protect' your IP as a CEO, you can be sued by your shareholders. The system is corrupt, and failure to act in a corrupt fashion on the part of a business owner is punishable with civil action, and damn the consequences to society.

    At the same time, it seems self-evident that those spending years and/or huge sums of money developing new technology or creating new art MUST have some sort of recompense for their efforts. Hence, we have a need for copyright and patent laws. Certainly noone would suggest that Sony should be able to sell a CD that I made without financially compensating me, the creator of that content, which in any capitalist society is exactly what would happen without IP law. As nice as it is to have every idea in the public domain, it needs to be said that as long as inequity of property exists as the dominant paradigm of commerce, there must be intellectual property, because creative people have as much right to become rich from their ideas as the business people who put those ideas in consumers' hands. The relative merits of capitalism versus communism aren't really pertinent to this discussion, but let it be said that IP is necessary to some degree in this society as it stands.

    So what do we do to fix the problem? The question is one of approaching the ideal situation stated by economic theory, represented in this case by the EFF, wherein all ideas are free and public domain, while maintaining the ability to both recoup expenses in devloping those ideas and prevent companies from stealing the fruits of that labor. First, it is absolutely clear that if no money is being made from the use of an IP, then it should be covered under fair use. Hobbyists and scientists alike should have full access to all material, in order to allow progress to march on unimpeded. It's also obvious that the methods involved in the patent office are outdated, arcane, and ineffective. Thus, we need to establish a world foundation for patent law on the internet, with all patents being processed for peer review, where anyone can view patents, quickly and effectively search for existing patents, and file patents with little hassle or expenditure compared to the current system. Patent issues could be handled democratically, the democratic system being an excellent measure of 'non-obvious' as compared to some overworked patent clerk. This brings me to another important point-- the elimination of patent-based monopolies. Instead, a set of guidelines for royalties should be established according to the widespread appeal of a given patent and the degree of resemblance a product based on that patent has (like a patent covering a type of servo used in a robot finger shouldn't entitle the inventor of that servo to 10% of the cost of the robot, just as Wright's patent on Wing Warping shouldn't have given them the right to a 20% royalty on aileron designs, yet a patent on a home teleporter might deserve a royalty of 30%). Additional royalty adjustments should be put in place for improvements on existing designs, and to make up in part for the loss of monopoly power, additional subsidies should be put in place for R&D operations. Additionally, copyright periods should be decreased to 25 years as patents are increased to 25 years, with hefty penalities for breaking what would at that point be very reasonable IP law, instead of the complicated mess currently

    1. Re:Scheme for Reforming Patent Law by code65536 · · Score: 1
      I agree with most of what you have to say, except there are a couple of points that I would like to nitpick on.

      wherein all ideas are free and public domain [...] Hobbyists and scientists alike should have full access to all material, in order to allow progress to march on unimpeded.


      In the context of patents, this is true. All patents are freely accessible to anyone in the public. I assume that you do not mean that anyone can use a patent for free because you support royalties as patent compensation.

      the elimination of patent-based monopolies. Instead, a set of guidelines for royalties


      This is not very different from the current setup. Patent holders are not necessarily granted monopolies in our system. They are granted control over the use of their idea, which may or may not translate into monopolization. If they opt to license the technology, then this would basically be what you are proposing. So I suppose what you are trying to drive across, though you did not do so explicitly, is the idea that every patent holder should be forced to license the patent. Is that a correct reading of your argument?

      If so, I think that your idea of forced licensing is good. It means that the inventor of the volume knob doesn't have to wait for the patent on the radio to expire before putting it on the market because the volume knob licensing can operate alongside the radio licensing. My only problem is the notion of the patent office deciding what that royalty/licensing should be. Should it be a fixed sum or should it be a percentage? And what percentage? It is not always clear at the time of invention what sorts of revenue a new product would bring in or even what sorts of production costs are involved. And how would one deal with abuses of this system (e.g., a rival lobbying for a lower royalty or the patent's megacorp owner lobbying for a higher royalty).
  72. I would meta-moderate if I believed it would help. by Nymz · · Score: 1

    I read through numerous posts, all conflicting on how their guy invented, or patented, or had the idea, or blah. Everyone using different defintions, with no logical arguments, just pure emotional jabs, many with seemingly racial or nationalistic bents.

    Finally, one post decribing a process, a reason, a relevant issue of the story. Marked troll? I would meta-moderate more often if I believed it would do any good.

  73. No arguments anymore - Meucci is the man by cliveholloway · · Score: 2, Informative

    I have a feeling that Meucci's mental problems and personal life problems delayed the original patent, but that there is little doubt now that he actually invented the telephone.

    It's almost certain that Bell stole the patent for the telephone with a little help from Edward B Grant at Western Union (who kept putting off Meucci's attempts to give a demonstration) and certain individuals at the Patent Office who coincidentally 'lost' Meucci's paperwork. Far from being innovitive, Bell was nothing more than a slimy shit - at least as far as being involved in the actual invention of the telephone is concerned.

    The United States started fraud proceedings against Bell, which were only dropped with the death of Meucci in 1896.

    And to think it took until 2001 for the US senate to recognize the fact that Meucci did actually invent it. This great milestone would not have been achieved without the deep investigative work of Basilio Catania.

    --
    -- Trinity in high heels carrying a whip: The donimatrix - there is no spoonerism
  74. Pharms would NOT die without Patents by cheesedog · · Score: 1
    It is absolutely false that the pharmaceuticals need protetionist monopolies granted by government fiat in order to make money. These two articles demolish that fallacy rather efficiently:

    Why Drug Companies don't Need Patents
    On the Necessity of Drug Patents

  75. Re:Alexander Bell did not invent the telephone eit by Anonymous Coward · · Score: 1, Informative

    It may be argued that the telephone was invented around 1860 by Antonio Meucci who called it teletrophone.

    Despite a public statement by the then Secretary of State that "there exists sufficient proof to give priority to Meucci in the invention of the telephone," and despite the fact that the United States initiated prosecution for fraud against Bell's patent, the trial was postponed from year to year until, at the death of Meucci in 1896, the case was dropped.

    The first American demonstration of Meucci's invention took place in 1860, and had a description of it published in New York's Italian language newspaper. Meucci invented a paired electro-magnetic transmitter and receiver, where the motion of a diaphram modulated a signal in a coil by moving an electromagnet. This resulted in a good fidelity, but a very weak signal. Meucci is also credited with the early invention of the anti-sidetone circuit, and of inductive loading of telephone wires to increase long-distance signals. Unfortunately, serious burns, lack of English and poor business abilities resulted in Meucci failing to develop his inventions commercially in America. Meucci demonstrated some sort of instrument in 1849 in Havana, Cuba, but the evidence is unclear if this was an electric telephone or a variant on the string telephone using wires.

    Meucci was born in Florence, Italy. He studied chemical and mechanical engineering at the Florence Academy of Fine Arts and later worked in theatres as a stage technician. Besides electric voice transferral, he invented and patented many devices that were based on chemical and mechanical processes.

    http://en.wikipedia.org/wiki/Invention_of_the_tele phone
    http://en.wikipedia.org/wiki/Antonio_Meucci

  76. everything is relative, and other fables by Anonymous Coward · · Score: 0

    by Tony Rothman

    talks about the telephone and the light bulb and MANY others

    There was a telephone installed in the smithstonian that bell knew about, probably saw and may have used
    he also talks about bell bribing patent examiners

    i guess that that qualifies as 'prior art'

  77. Re:Thomas Jefferson was agaist patents by wkitchen · · Score: 2, Funny

    Bah. Why should anyone care what this "Thomas Jefferson" character thinks? He sounds like some kind of slashdot hippie.

  78. Re:Victor Hugo by Anonymous Coward · · Score: 0

    Interesting that you mention Victor Hugo, since he was the primary person behind the Berne Convention , which is where we get all those copyrights that stick around for decades after the author's death.

    I'm not sure if he is who you want to be quoting on matters of intellectual property if you are interested in "calls for restraint".

  79. Four year old story by Riktov · · Score: 1

    It's old news. And for once the U.S. Congress was ahead of public opinion:

    http://science.slashdot.org/article.pl?sid=02/06/1 8/1158240

  80. Should fail the test for obvious in this case by MCRocker · · Score: 3, Insightful
    if everyone who invented the same device could receive their own patents


    Actually, I think that in cases like this, that NOBODY should be awarded a patent.

    Although the current practice is to award a patent to whoever applies first, I think that the fact that subsequent, substantially similar, patents are applied for before the first one is made public or awarded should be considered a prima facie evidence that the invention is 'obvious'.

    Seriously. I understand that obviousness is a slippery thing. Often, the best ideas are the simplest and may seem obvious in retrospect, so the patent office and courts are fairly careful about determining obviousness. However, if two or more inventers independently come up with the same idea at about the same time, then that should be considered proof that the idea was obvious. Since the patent office keeps filings secret until after a patent is awarded, the time between the original filing and the awarding of a patent for the idea is a time when no other inventor could know that a similar idea has been filed. So, another, similar, filing during this period aught to be considered proof that the idea is obvious and non patentable.

    A large number of patents would get thrown out if this standard was adopted, but, since it's clear that there is a serious problem with the patent system, I don't think that this would be a bad thing and would actually provide us with a much better system.
    --
    Signatures are a waste of bandwi (buffering...)
  81. Sorry... but italians won the race by curious.corn · · Score: 1

    Yeah, long before indians became the favourite IT immigrants of the USA an italian (like that other guy... Fermi... and what about Marconi...) invented the first telephone: Meucci. Now, I admit Italy has a healthy history of shitting on it's best minds, up until this very day!, but please admit it, an italian did it. Not that it cost anyone anything, patents are expired and the people involved are dust but please... we're not only Spaghetti, Pizza & Mandolino (e Mafia e Berlusconi... sigh!)... we're good science too!!!!

    --
    Mi domando chi à il mandante di tutte le cazzate che faccio - Altan
  82. Re:Patents are violent by Troed · · Score: 1

    No :) Maybe you should look at other sectors - why not the one I mentioned - and see how cooperation together competition is done there?

  83. Encourage breaking Windows? by walstib · · Score: 1

    Isn't it already broken?

    --
    The most dangerous strategy is to jump a chasm in two leaps. - Benjamin Disraeli
  84. Re:Thomas Jefferson was agaist patents by StikyPad · · Score: 1

    Yeah, I lost all respect for him after I read the foreword to "America: The Book."

  85. Re:and like Calculus which Al Gore also invented! by Anonymous Coward · · Score: 0

    Good thing too, or every engineer and Calculus-101 student would have to pay royalties to Al Gore.