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Do Patents Stop Companies From Creating 'Perfect' Products?

Chris M writes "In a recent CNET article, the mobile phone editor writes about what he thinks would make a perfect phone. Unfortunately, as someone in the comments section points out, much of the technology that is used in this concept phone belongs to separate companies. 'I'm sorry to be the Devil's Advocate here, but most of those feautres are patented to separate companies. It would require almost all the major manufacturers [working together] to do this, which is highly unlikely.' Do you think patents are stopping companies from creating 'perfect' devices, or are there other factors at work?"

292 comments

  1. Not Really by MontyApollo · · Score: 5, Insightful

    I did not RTFA (glanced at first page), but first off, I doubt there is a perfect phone that is perfect for everybody. Every product has tradeoffs, and certain product directions appeal to some people but not others, especially when they affect price. Sometimes it is just plane personal preference.

    I think in certain respects patents spur competition and make every phone better. Each company tries to come up with something that their competitor hasn't thought of to help differentiate their product. They would be less likely to invest the time and effort to develop innovations if they knew their competitor would just immediately copy it. The really perfect phone would not be possible to begin with without all these previous innovations. One could argue that patents made the author's ideal phone possible, but it is more a business issue whether it ever comes to market.

    During WWII, the British and Germans both independently and secretly discovered chaff as a radar countermeasure. Neither side used it in the beginning because they were more afraid of the enemy copying them and gaining a bigger advantage than they themselves would receive.

    (I do think software patents need to be drastically reformed or completely done away with altogether)

    1. Re:Not Really by TheMeuge · · Score: 4, Informative

      I agree with the first part. His perfect phone certainly looks very different from my perfect phone.

      Currently, I own the Samsung i607 (blackjack) which earns about an 8/10 from me, which no other phone ever did. It's very thin, light, durable, and has an easy-to-care-for matte finish. It has a full QWERTY keyboard, and a very nice screen, fast processor, 3G, etc... If it had a 4-day battery life instead of 1.5-2 day, and a standard bluetooth stack that would let me sync and tether with ease from my Ubuntu laptop, it would match my dream phone... Not so hard, really...

    2. Re:Not Really by rbanffy · · Score: 1

      Well... His phone is certainly not my perfect phone.

      My Sony Ericsson P-800 came close to it but lacked a decent QWERTY keyboard and the camera was really bad. The 910 QWERTY keyboard was bad and I did not try hard enough to like the 990. My Nokia E62 has a decent keyboard, combined with a screen big-enough for doing SSH (saved my day a couple weeks ago when I could log-on and fix a problem on a server while my laptop batteries were dead), but no camera and no WiFi. It is also a little bit too large.

      My perfect phone would sport an iPhone style touchscreen with tactile feedback and a cleverly overlaid semi-transparent QWERTY keyboard that could be drawn on the touchscreen surface when needed (say - when I touch the screen while using SSH or when I am writing something in a text field). A two-card hot-swap GSM system and, when connected via USB to my laptop, it would look like a standard USB hub connected to a mass storage device (with all files, including ROM-based ones, exposed), as many network interfaces as there are data networks available on the phone, a USB handset for VoIP, a webcam and a PostScript printer (so I could "print" things to read later on its large enough screen). It would retain every function while connected via Bluetooth or WiFi (except, perhaps, the storage thing, for security reasons).

      It would also have a very modular software architecture and allow additional functionality to be installed drag-and-drop style.

    3. Re:Not Really by HermMunster · · Score: 1

      cnet.com news is owned by Microsoft I believe. I don't trust anything from them, no matter what, because they always have some ulterior motive.

      --
      You can lead a man with reason but you can't make him think.
    4. Re:Not Really by rockout · · Score: 1

      During WWII, the British and Germans both independently and secretly discovered chaff as a radar countermeasure. Neither side used it in the beginning because they were more afraid of the enemy copying them and gaining a bigger advantage than they themselves would receive.
      Why didn't the Brits just patent chaff? Silly limeys.
      --
      I've learned that they're worthless, so I don't read AC comments anymore.
    5. Re:Not Really by Anonymous Coward · · Score: 0

      Um, you're completely wrong. CNet is not owned by anybody. Next time, rather than talk out of your ass, keep quiet. HTH HAND

    6. Re:Not Really by siddesu · · Score: 3, Interesting

      I ain't sure about them phones, and I am just a casual observer, but I can't help but notice that about 20-30 companies released "electronic cash" systems in Japan in the past two years or so. There has been talk about using e-cash in Japan for a decade, and the technology has been there ... only we didn't have much in terms of actual implementation.

      Now, using this kind of "e-cash" is extremely convenient -- you can use it on teh train, in teh shop, etc. etc. There are some kinds that have your name on it, there are some that are (nearly) anonymous. Pretty neat, really. But, we didn't have it until like yesterday. So, why did this boom come _now_?

      It seems that most of the e-cash/e-money/e-payment patents taken out by a few small and innovative companies in the late 80s (which innovative companies AFAIK have traditionally requested egregious licensing fees) expired just around the time the e-cash boom started. So now we have the implementations built on those ideas popping up, as it is finally feasible, sans the patent fees.

      Since the implementations and the features are now largely non-exlusive, companies have to compete hard on the service; and since there are no licensing fees and no risks now from using _that_ technology, people concentrate resources on the solution instead on risk avoidance and litigation.

      Finally, I can't see how the patent holders have profited from the patent-- noone licensed them then, noone's paying fees now. So, the patents in this case seem to have stopped inovative product development that benefits the society for what -- a decade?

      I bet enough research into the way patents are used will show it results only in preventing competition and raising the price of the service, countering the intent of the patent in the first place.

    7. Re:Not Really by danpat · · Score: 1

      One problem I've always had with the "they would be less likely to invest the time and effort .... if they knew their competitor would just immediately copy" is that it forgets the customer. While "featureism" is one factor that sells products, it's not the only one. Brand loyalty, customer service, price, these (amongst many others) all affect how well a product sells, why such massive protection on IP ,but relatively little on the rest (barring trademarks)?

    8. Re:Not Really by mollymoo · · Score: 1

      I bet enough research into the way patents are used will show it results only in preventing competition and raising the price of the service, countering the intent of the patent in the first place.

      I think you misunderstand the point of 'the patent' (assuming you meant patents generally). The point is not to foster competition and lower prices, but to avoid important inventions remaining trade secrets. Patents explicitly eliminate competition and allow the patent holder to control prices for a limited time in return for a detailed public description of the invention (a description sufficient that the invention can be replicated and the principles behind it understood). In return for granting the temporary monopoly, society gets to know exactly how the invention works.

      --
      Chernobyl 'not a wildlife haven' - BBC News
    9. Re:Not Really by mollymoo · · Score: 1

      I should say that fostering competition and thus lower prices are a result of patents, but not the main aim. The aim is to foster innovation and for the results of that innovation to enter the public domain. I would say that your example of the booming market for e-cash in Japan shows that patents do in fact foster competition (which should also lower prices) - if these companies all sprang up when the important patents expired they must logically be using the same patented innovations. If they're all using the patented innovations the innovations must be good ones. And they're now in the public domain, free for anybody to use, complete with instructions. The 20 or 30 companies appearing at once is indicative of the innovation being widely understood, which is what patents are for. The fact that e-cash didn't take off while the patents were in force merely shows that the patent holders didn't do a very good job of licensing their patent; they failed to take full advantage of their temporary monopoly. The risk of the innovation being unavailable while the patent is in force is part of the deal with granting a monopoly and a big part of the reason why patents are temporary monopolies.

      Now, if those innovations were obvious then patent shouldn't have been granted, that's why the 'non-obvious' criterion is there. Perhaps they weren't obvious 20 years ago but are obvious now, but that merely indicates that perhaps we need to review the period for which patents are valid in light of the increasing pace of technological advancement. Or perhaps, like many great innovations, they merely seem obvious when you know how they work.

      --
      Chernobyl 'not a wildlife haven' - BBC News
    10. Re:Not Really by dangitman · · Score: 1

      Sometimes it is just plane personal preference

      I like Tiger Moths.

      --
      ... and then they built the supercollider.
    11. Re:Not Really by siddesu · · Score: 1

      i think my anecdotal example (assuming, of course, that my observation is correct) points out the exact opposite -- that fear of potential patent litigation will stiffle innovation until such time the businesses deem the risks from the patents cold dead. and this seems to be the only good point about them.

    12. Re:Not Really by mpe · · Score: 1

      Patents explicitly eliminate competition and allow the patent holder to control prices for a limited time in return for a detailed public description of the invention (a description sufficient that the invention can be replicated and the principles behind it understood). In return for granting the temporary monopoly, society gets to know exactly how the invention works.

      Wonder how many currently "valid" patents actually fail to do this. Either because they omit critical information or because no relevently skilled engineer can understand the language (legal jargon) they are written in.

    13. Re:Not Really by mpe · · Score: 1

      If they're all using the patented innovations the innovations must be good ones. And they're now in the public domain, free for anybody to use, complete with instructions. The 20 or 30 companies appearing at once is indicative of the innovation being widely understood, which is what patents are for.

      There are plenty of alternative explanations including patents being granted on "obvious ideas" thus holding back development until those patents expired. Or patents being granted at a time before it was possible to create a mass market product.

    14. Re:Not Really by bit01 · · Score: 1

      shows that patents do in fact foster competition

      Your reasoning shows nothing of the kind. You're using the typical and deceptive PTO language of implicitly equating "invention" with "patent". Why do you automatically assume that something would not have been invented if it couldn't be patented? That's hand waving and your argument at best is circular reasoning (patents are good because they're good).

      ... they merely seem obvious when you know how they work.

      PTO propaganda. People, and experts in a field, aren't stupid; they are perfectly capable of evaluating after the fact, with more information at their disposal, whether something is innovative or not.

      What's really outrageous is the idea that bureaucrats in a minor government department should be allowed to be gatekeepers on all of technology.

      ---

      Monopolies = Industrial feudalism

  2. Deadlines by Anonymous Coward · · Score: 1, Funny

    No, managers and unreasonable deadlines prevent companies from creating "perfect products".

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

      ... and patents

  3. Well.. by AltGrendel · · Score: 1
    1) I'm sure that to some extent this is true and could create a case of "I'm going to go home and take all my toys with me."

    however

    2)A bad idea is still a bad idea.

    --
    The simple truth is that interstellar distances will not fit into the human imagination

    - Douglas Adams

  4. Re:Incorrect by AuMatar · · Score: 5, Informative

    Except that in the modern world, features frequently are patented. Or the method patented is so broad that it covers all possible implementations.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  5. the problem with co-operation by east+coast · · Score: 1

    Once you get all these teams together and you get everyone to agree and sign off on something the patents are damn near expired and the advancement isn't worth anything from a patent rights aspect.

    --
    Dedicated Cthulhu Cultist since 4523 BC.
    1. Re:the problem with co-operation by snowraver1 · · Score: 1

      Sony used to work as a company of individuals. The walkman and the original Playstation were developed by one man teams, which were to compete against each other. Once things get too complex however, it is impossible to do it one man. Sony realized that and is now working in a team environment. I am not a Sony fanboi by any stretch (I don't own anything Sony, nor would I give my money to Sony), but it illistrates that things are now too complex to take the 'lone wolf' approach. Just my 2 cents.

      --
      Copyright 2010. All rights reserved. This comment may not be copied in any way including, but not limited to caching.
    2. Re:the problem with co-operation by east+coast · · Score: 1

      Well, this concept goes far beyond teamwork to the point that the question is about getting two companies with various interests together to create one product. I'm sure teamwork is fine. In fact, I don't see many worthwhile projects that can be done with technology today that wouldn't involve people of different disciplines.

      It's getting the bean counters together that is going to kill these projects, not the engineers.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
  6. Re:Incorrect by russotto · · Score: 3, Informative

    features are not patented. The way to build them are. You just have to do it differently.
    You've been living in a cave since, oh, before Slashdot was started, right? Patenting features (or "patenting the goal") is one of the oft-cited abuses of the patent system.
  7. Sometimes by SatanicPuppy · · Score: 3, Insightful

    Patents are a big problem, when someone patents the equvalent of a hammer, and you're stuck without a really basic tool.

    Other times, someone patents "the way it's done" and the result is, when you try and find another way to do it, you actually find a better way.

    The problem is, you never know which one you're going to get when you're just starting. I definitely thing innovation can overcome most patents, but a lot of time that's a real pain in the ass, when all you want to build is a slightly better breadbox.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    1. Re:Sometimes by geekoid · · Score: 1

      Yeha, but you put tongs on the back of that "hammer" and you can patent that.
      And so it goes. You want a hammer? licenses it or make it better. And the patent will expire.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Sometimes by Husgaard · · Score: 1, Troll

      Other times, someone patents "the way it's done" and the result is, when you try and find another way to do it, you actually find a better way.

      Yes, like when ogg-vorbis was created as a free replacement for the patented mp3. The problem, however, is that those who have the patents for mp3 are still saying that ogg-vorbis is violating some (unspecified) of their patents, so almost no commercial entity has dared support this new and better format.

      Originally I was only against patents on software and business methods. But after spending years learning more about patents and how they work in the so-called free market, I now think that it is time to completely abolish the patent system.

      Patents are government-issued monopolies. Monopolies are incompatible with a free market.

      And if you look at patent infringement cases, you will see that most cases are used to shut down new and innovative competitors in the market.

      So the current state of patents today is that they stiffle both the free market and new innovation.

    3. Re:Sometimes by Frank+T.+Lofaro+Jr. · · Score: 1

      I'm going to get a business method patent on "waiting for patents to expire".

      --
      Just because it CAN be done, doesn't mean it should!
    4. Re:Sometimes by Anonymous Coward · · Score: 0

      But a patent to "a hammer" as you put it, would not stop you patenting say "a hammer with a really cool grip" or a miriad of other inventive things. In fact you might never have had your spark of inspiration for your grip if you hadn't seen the original hammer patent because when you saw it you thought "damn there is a better way of doing that".

    5. Re:Sometimes by CaptainPatent · · Score: 1

      at least you can patent your "slightly better breadbox"

      --
      Well, back to rejecting software patent applications.
    6. Re:Sometimes by IgLou · · Score: 2

      Oh let's not forget when someone patents something vague like 1-click; seriously, how much money and time was wasted in the courts to defend a patent that should never have been given. I digress. Sometimes, a patent just makes sense to protect innovation (I have the patent on the car that runs on flamebait comments on slashdot so I have time to develop it before anyone else does). The intent of patents is to protect inventors so they can make money off their ideas before anyone else can. IIRC patents, copyright et al are supposed to expire http://en.wikipedia.org/wiki/Patent#Effects because the advancement of society is so dependent on the further developement of old ideas. So the way things are supposed to go is I have an invention, I make a sketch or diagram or whatever and go to file it. Then I go out into the world with my patent try to develop it with some investment dollars and such and get it to market. If over the time I make money on my product great but once the patent expires anyone else can improve upon your idea and try to cash in.

      I think if the manufactures couldn't sit on their patents then they'd be more likely to collaborate more and develop standards. Standard formats and methods are good for consumers, IMHO. But sitting on a technology is insanity and the approach of some companies as of late to file as many patents as possible is just a brazen attempt to lock out competition. Which of course, creates barriers to competition which all the "free market" types are supposed to hate so much.

      Anyways, I agree with you completely I just had to vent. In regards to phone technology we're pretty much stuck it's all just too new and some of those patents are legitimate. What's interesting is how this article about what the ultimate consumer goody would be turned into something quite different.

      --

      Oops, how did this get here?
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    7. Re:Sometimes by Husgaard · · Score: 1
      You are right. But without a licence to the patent on "a hammer" you will be unable to produce "a hammer with a really cool grip".

      Of course you could try to get a compulsory license to the "a hammer" patent if the patent holders of this patent wants an extortionate amount of money in license fees. But this could take a long time to get, and you would not even be sure to get it. So most businesses would abandon their R&D on "a hammer with a really cool grip" because of the uncertain future for the product.

    8. Re:Sometimes by Anonymous Coward · · Score: 1, Insightful

      Patents are government-issued monopolies. Monopolies are incompatible with a free market.

      Aren't monopolies a result of a truly free market where there's no government intervention to prevent unfair competition practices?

      Not that I disagree with your overall message, it's just that I'd rather point to the silly conflict of interest in government both simultaneously establishing monopolies (patents) and having them be illegal (Standard Oil, so on and so on).

    9. Re:Sometimes by Vancorps · · Score: 1

      Imagine a world where companies compete on service because all companies provide the same basic products. It would be amazing, exactly like the online bidding world, a thousand companies offering real-time streaming and basically the same product but they compete on quality of service and speed of delivery or some balance between to two. That sounds like a terrible place doesn't?

      Course then you go and look at Apple copying the MP3 player which took lots and lots of R&D and then make tons in profit. Doesn't sound like patents are working anyway to me. Apple didn't get around it by innovating, the only thing different about an iPod versus a ton of other players that existed long before it was the interface and that word again, service. People could get the music for their players easily and without worrying about lawsuits.

      I'm inclined to say innovation is spurred through the desire to get ahead, once you get ahead you hold the spotlight while the competition catches up giving you time to ramp up service to stay ahead of the competition. Sounds to me a like a system that makes a lot more sense.

    10. Re:Sometimes by ricree · · Score: 2, Informative

      And if you look at patent infringement cases, you will see that most cases are used to shut down new and innovative competitors in the market. So the current state of patents today is that they stiffle both the free market and new innovation.


      If there is any one type of IP law that I would not want abolished, it is patents. Far from stifling innovation, they actually require it. Because the patent system requires that all patents are fully documented, and since the patents themselves expire relatively quickly (compared to other IP), it requires companies to be constantly innovating. Yes, they get a government monopoly in the short term, but by the time the patent expires they need to either create something better, or they will be undercut by new companies who didn't have any of the R&D costs that the original company had.

      Certainly, this is better than other IP. Copyrights, for example, are vastly longer than patents. Even without the constant extensions, we are still talking about the life of the creator plus some. Surely you can see how this extreme length could easily lock up innovation worse than patents do. Trademarks, while not really applying to this situation, are far less helpful for innovation. Heck, the basic concept of trademarks requires that you sit on an idea rather than doing anything really new with it.

      Without any of these, companies are forced to rely on trade secrets to protect their ideas. If you want to talk about the stifling of ideas, you can't get much worse than this. Since there is no protection, there is no reason to have any flow of ideas in public. We can see this happen again and again in pre-patent societies where techniques would become lost when the people who kept them hidden died before passing them on.
      Of course, we can argue about the exact details of patents, such as the 20 year period. I agree that this is too long, but if anything it is a sign that the system works. Innovation has become so rapid that many things have become totally obsolete within the 20 year period. Personally, I would say that it seems clear that innovation is hardly being stifled.
    11. Re:Sometimes by Husgaard · · Score: 2, Insightful

      You have a good point there.

      My point is that when the government issues monopolies in the market (as patents are), the government is actually working against the free market.

      Of course it isn't quite as simple as I state it here. There are some arguments for patents that look good on the surface.

      One of these arguments often seen in the mainstream media is the idea of the lone inventor who gets a patent to protect his investment in the research and development he has done, so he will not be ripped off by large corporations. But in reality the lone inventor is usually ripped off anyway. The reason for this is the cost of a patent infringement case. Only rarely such a case costs less than a few million US$. How many lone inventors have a war-chest of a few million US$ to take a patent infringement case to court?

    12. Re:Sometimes by psmears · · Score: 1

      I'm going to get a business method patent on "waiting for patents to expire". How will that help you? By the time someone has made use of the claims in your patent, your patent will have expired so you won't be able to sue them ;-)

      (Yes, I know, I know...)

    13. Re:Sometimes by Husgaard · · Score: 1

      Reading what you wrote reminds me that I probably would have written a reply similar to yours ten years ago. But what I have learned about patents since then has made me change my opinion.

      You are right that the longer "protection" time makes copyright worse than patents. And I think that copyright - as it has become in recent years - is a crime against humanity, as it locks up what should be the common cultural heritage that we all (in particular creative people) should be free to build upon. The way copyright is today stiffles our cultural development just as much (or more) as patents stiffle innovation.

      But you have to be aware that most innovation today builds upon innovation made only a few years ago. So even a 20 year monopoly is way too long, if we want to ensure that the patent system does not stiffle innovation. And when we take into account both the time to get a patent and the cost of the patent system, it is getting really hard to argue that patents are helping innovation or our economy today.

    14. Re:Sometimes by tbo · · Score: 1

      One of these arguments often seen in the mainstream media is the idea of the lone inventor who gets a patent to protect his investment in the research and development he has done, so he will not be ripped off by large corporations. But in reality the lone inventor is usually ripped off anyway. The reason for this is the cost of a patent infringement case. Only rarely such a case costs less than a few million US$. How many lone inventors have a war-chest of a few million US$ to take a patent infringement case to court?

      I'm not quite a lone inventor--I have one co-inventor, but I think that's more or less the same thing. We've filed patent applications, and are in the process of licensing talks with a few companies. I don't expect we'll get ripped off, because we partnered with a reputable technology transfer company to do the patenting and licensing. That company puts up all the money up front for lawyers and such, and has also done a great deal of the legwork with marketing. In return, they get a cut of any profits. I think everyone is quite happy with the arrangement. I also expect the companies we're licensing to to be happy, as our technology will allow them to dramatically improve the capabilities of their products and sell many more units.

      I know there are lots of stupid patents out there, but the system does work as intended sometimes. It's not all bad.

    15. Re:Sometimes by ricree · · Score: 1

      But you have to be aware that most innovation today builds upon innovation made only a few years ago. So even a 20 year monopoly is way too long, if we want to ensure that the patent system does not stiffle innovation. And when we take into account both the time to get a patent and the cost of the patent system, it is getting really hard to argue that patents are helping innovation or our economy today.
      This is certainly reason to review and update the patent system. I agree that 20 years is likely too long considering the pace and nature of a lot of current innovations. I still disagree, however, with the people who believe that the answer to to abolish the system altogether.
    16. Re:Sometimes by Anonymous Coward · · Score: 0

      No, wrong! Complete misunderstanding of how patents work!

      To carry on this example, say you read the patent for a hammer which has one claim as follows:

      1. A tool comprising:
      - a substantially straight handle portion
      - a striking portion

      You read this and think a better handle might be curved so your wrist is in a better position or something. You design your hammer and apply for a patent. The examiner reads your application which has one claim:

      1. A tool comprising:
      - a substantially curved handle portion
      - a striking portion

      Just suppose the only prior art found is that original hammer patent. He can't make a novelty objection, only obviousness because it only mentions straight handles not curved ones. You argue back stating that having read it from cover to cover, the prior art makes no mention of curved handles and only teaches straight ones. Alakazam! Your patent is granted. Your patent does not infringe the other one. It is a monopoly right on its own. You don't owe anything to the other guy. There is no need to license anything.

    17. Re:Sometimes by Altus · · Score: 1


      But a patent on a "tool designed to deliver blunt impact" would stifle innovation pretty effectively, and this is what most people are worried about it seems.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    18. Re:Sometimes by westlake · · Score: 1
      almost no commercial entity has dared support this new and better format.

      Ogg-vorbis arrived late to the party. Its alleged superiority is marginal at best. The generic mp3 player is an impulse buy at Walmart. The geek invents conspiracies to explain the ordinary forces at work in the marketplace.

    19. Re:Sometimes by IgLou · · Score: 1

      I'll have to say, you're unfairly moderated.

      Here's the catch to what you said though. IF I don't have some mechanism (like a patent) to protect my ideas so I can develop them they WILL be developed by individuals who can (and faster since most likely it would be done by a large corporation). So it becomes a whole new barrier for entry because no smaller player could ever compete with a larger company with greater resources. As soon as an idea spills out to the public it's developed. That's the whole reason for patent expiry. I think the flaw with patents is that someone can file a patent and half ass develop it and then sue half the world that try to do anything similar. That's what doesn't benefit society or the consumer and don't even get me started about the nonsense about copyright!

      Anyways, saying abolish the system I think is a bit extreme. We need to give protections for innovators of new techonologies but that protection needs to be reasonable and realistic. I think the problem really isn't concept of a patent it's how the implementation of patents can be (and have) abused much as you've outlined.

      --

      Oops, how did this get here?
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    20. Re:Sometimes by feepness · · Score: 1

      My point is that when the government issues monopolies in the market (as patents are), the government is actually working against the free market.

      Well, I'm generally libertarian, but the free market isn't always a good thing.

      Libertarians believe in using government to encourage a healthy market... not just a free one. Avoiding monopolies and awarding patents is therefore a legitimate function of government.

    21. Re:Sometimes by Husgaard · · Score: 1

      I'll have to say, you're unfairly moderated.

      Yes, I don't think my GF post is a troll. Probably some moderator disagreed on my views, but metamoderation should catch him.

      Here's the catch to what you said though. IF I don't have some mechanism (like a patent) to protect my ideas so I can develop them they WILL be developed by individuals who can (and faster since most likely it would be done by a large corporation).

      But individuals and small start-ups generally have a lot shorter time to market than large corporations...

      IMHO this is another argument against patents. With patents there is no incentive to get to the market first. In fact just sitting on a patent until somebody else (who may not even know about your patent) enters the market and then demanding royalties could give you more income with less investment in product development. But then, you note this is a flaw in the patent system. On the other hand, if there were no patents, everybody would have to work fast to get on the market. Entering the market asap and constantly innovating would be the best way for a company to survive in a world without patents.

      Anyways, saying abolish the system I think is a bit extreme.

      Your are right that this is extreme. Probably it is the most extreme viewpoint on patents (perhaps except the viewpoint that anything however trivial should be patentable).

      At first I was only concerned with patents on software. But then I started studying patents in other areas, how they affected the market, and how they affected the world we live in. Even after I was convinced that patents in almost all patentable areas vere bad (which took me about 8 years), I refused to argue for the complete abolishment of the patent system for a few years, as I thought it was too extreme.

      So even if I spend the time needed to convince you that patents are bad in all areas (and there are a lot of differences between fx. patents on software, business methods, genes, medicine, chemistry and mechanics), you would probably still be inclined to see the complete abolishment of the patent system as too extreme. Looking back I am surprised at how long it took me to take on this opinion.

      We need to give protections for innovators of new techonologies but that protection needs to be reasonable and realistic. I think we need to give innovators the best possible opportunities to get their innovations to the market. And today one of the largest obstackles for new innovative upstart companies to get to the market is patents.
    22. Re:Sometimes by Husgaard · · Score: 1

      You have a good point when you say that 20 years likely is too long considering the pace and nature of a lot of the current innovations.

      Given the speed of technological advance today, a more reasonable term of the patent monopoly would be 1-2 years.

      But lowering the patent protection term to 1-2 years would make the patent system as we know it today a joke, as most patents take 2-3 years to issue from the time of the innovation.

    23. Re:Sometimes by Husgaard · · Score: 1
      I agree that what we need is a healthy market. And if a free market is allowed to run completely unregulated it will develop monopolies that are unhealthy.

      Avoiding monopolies and awarding patents is therefore a legitimate function of government.

      I think you are contradicting yourself here. Patents are (by any economic definition) monopolies in the market. So while I agree on the "avoiding monopolies" part of your statement, the "awarding patents" part is IMHO actually creating monopolies.

    24. Re:Sometimes by dgatwood · · Score: 1

      Without any of these, companies are forced to rely on trade secrets to protect their ideas. If you want to talk about the stifling of ideas, you can't get much worse than this.

      Sure you can. Between the two options: A. the company designs something, patents it, decides it isn't worth productizing it, and the idea gets delayed in the marketplace, or B. the company designs it, can't patent it, so they make it available and someone reverse engineers it the next day and starts working on cloning, it, I hardly see how B. results in anything being secret. Once something makes it into a product, it isn't a trade secret no matter how much folks might like to think it is.

      The only case where you can really argue that trade secrets would occur in a patent-free society is the case of pure research done by corporations. In emergent fields like biomedical research, that might be valid. In established fields like tech, it basically no longer exists and hasn't existed in any significant way for many years. The number of cool ideas that suddenly become available twenty years later resulting from internal research that otherwise would have been a trade secret is completely dwarfed by the number of cool ideas that are locked up in patents by a company that patented them, decided not to productize them, and uses them solely to stifle competition.

      IMHO, the way to fix the patent system is to make it a "use it or lose it" system like trademarks. You shouldn't be forced to defend it like a trademark---a company should have the right to let someone else use a parent gratis, for example---but if you don't use it in commerce, a trademark ceases to be valid. Similarly, if you fail to show active progress towards using a patent in a product, you should be given two choices: release the patent into the public domain or license the patent in a reasonable and nondiscriminatory way at a rate to be determined by the patent office. The patent office should provide a clearinghouse for patent licensing just like songfile does for copyrights. This would still maintain the patent as a tool for protecting your invention. It would also maintain patents as a tool for protecting against suits by other patent holders. It would, however, significantly reduce the use of patents as a tool for stifling competition. There should also be a maximum amount of time after the release of a product beyond which you should be required to license it in a reasonable and nondiscriminatory way even if you are using it in a product. Details TBD.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    25. Re:Sometimes by Actually,+I+do+RTFA · · Score: 1

      How about the best historical case of trade secrets being stolen: production methods, most especially in the case of textiles. The end product doesn't tell you how it was made.

      --
      Your ad here. Ask me how!
    26. Re:Sometimes by feepness · · Score: 1

      I think you are contradicting yourself here. Patents are (by any economic definition) monopolies in the market. So while I agree on the "avoiding monopolies" part of your statement, the "awarding patents" part is IMHO actually creating monopolies.

      Yeah, that didn't come out very well. Avoiding self-sustaining single-provider monopolies and providing temporary patents is what I meant. There shouldn't exist companies that are so big that awarding them a patent is dangerous.

  8. What would be cool by geekoid · · Score: 2, Informative

    Would be a piece of software on your computer that has every possible feature anyone could want for their cell phone.
    Then you could drag and drop the desired features onto the phone that is plugged into your computer via USB.

    That would be the perfect phone.

    You can improve a patent and then get a different patent for it. So it seems to me that someone saying that it's patents holding this back only show their ignorance of the patent system.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:What would be cool by Anonymous Coward · · Score: 0

      You can improve a patent and then get a different patent for it. So it seems to me that someone saying that it's patents holding this back only show their ignorance of the patent system.

      Yes...AFTER you pay the dues to the original patent-holder, who, seeing that you now have a viable product idea using their patent, is likely to charge you out the nose, or withhold the patent altogether to keep a competitor out of the market.

    2. Re:What would be cool by corbettw · · Score: 1, Informative

      You can improve a patent and then get a different patent for it. ...

      Yes...AFTER you pay the dues to the original patent-holder


      That's not how patents work. If you change one thing and patent the new "invention", it's a new patent, completely separate from the original one. You have to reference the original, but there are no fees to be paid.

      --
      God invented whiskey so the Irish would not rule the world.
    3. Re:What would be cool by kninja · · Score: 1

      You are right, you can get a patent on anything (in this case on the perfect phone) if it is specific enough, but the claims may have to be so specific that you will not be able to catch anyone who tries to copy a version of your phone that happens to be painted orange with a bump on the case. My point is that the business value of that patent may be nil. I hope the elements that get added or removed to make the phone perfect are truly inventive and the patent is worth something, but somehow I doubt it.

    4. Re:What would be cool by Anonymous Coward · · Score: 0
      You can improve a patent and then get a different patent for it. So it seems to me that someone saying that it's patents holding this back only show their ignorance of the patent system.

      But it also shows a deep understanding of the legal system.

      Actually the patent system is OK -- it's the fucked-up implementation of that system which the USPTO engages in that makes for the problems. If they'd quit allowing patents for "a method of farting and whistling at the same time, and a method for doing it on the internet as well", we'd be OK.

    5. Re:What would be cool by EvanED · · Score: 2, Insightful

      Then you could drag and drop the desired features onto the phone that is plugged into your computer via USB.

      That would be the perfect phone.


      Can you drag and drop different form factors, so that Bob can have a big, rich iPhone-like interface with a camera and touchscreen and whatnot, while Mary can have one of those really tiny flip phones that's not much bigger than your thumb and has physical buttons?

      There's still a LOT of difference between what I consider a perfect phone and what you consider a perfect phone that is more than software. Heck, I'd go so far as to say that the hardware that's present and the form factor is a much bigger issue. Theoretically you could have a pluggable interface where you could buy just the hardware you need and such, but such a solution would probably give a product that works worse than just going out and getting something from the market today.

    6. Re:What would be cool by MSTCrow5429 · · Score: 3, Interesting

      What if every feature I could want on a cellphone isn't softmoddable? I might want more RAM, or a faster CPU, or an advanced GPU. I might want a bigger screen or a different form factor. I might even want it to make me eggs.

      --
      Slashdot: Playing Favorites Since 1997
    7. Re:What would be cool by vertinox · · Score: 1

      You can improve a patent and then get a different patent for it. So it seems to me that someone saying that it's patents holding this back only show their ignorance of the patent system.

      IANAPL, but patents based on improvements on other patents still require licensing from the original patent holder to produce. If you could simply bypass a patent by making a slight improvement, then I'm sure Blackberry and RIM suits would have never happened.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    8. Re:What would be cool by Altus · · Score: 1

      That would be the perfect phone.

      not if the hardware was a piece of shit. If your keypad is too small and your voice quality is low and you dont have a big enough screen (or a qwerty keyboard if that is your thing), you will never be happy with your phone.

      The software thing would be nice though... an open platform with customizable apps and a nice lightweight inter applications communication system. But I dont ever expect to see that.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    9. Re:What would be cool by westlake · · Score: 1
      Would be a piece of software on your computer that has every possible feature anyone could want for their cell phone.

      This assumes that your phone has hardware support for every feature you might want.

      No Kodak camera, no Kodak snapshots. No GPS module, no GPS maps.

    10. Re:What would be cool by Actually,+I+do+RTFA · · Score: 4, Informative

      That's not how patents work. If you change one thing and patent the new "invention", it's a new patent, completely separate from the original one. You have to reference the original, but there are no fees to be paid.

      True. But if you try to create any instances of your patent, then you will have to pay fees to the original patent-holder (or get sued.) See, patents are like class definitions, but to create an instance of that class, you have to pay. You may extend someone else's definition, and then they will need your permission to change it, but you still need to create an instance of the base class with yours.

      --
      Your ad here. Ask me how!
    11. Re:What would be cool by interstellar_donkey · · Score: 2, Interesting

      Your exactly right. Personally, the design and durability of a phone is far more important than the software bells and whistles.

      I want something small enough to fit in my pocket that won't die on me when it's in my shirt pocket and lean over the pool or toilet (both have happened) and it falls in.

      Other than that, I really don't care. Sure, the camera feature is neat and I do find myself spending time playing sudoko on my phone to kill time, but I don't text message, I've never seen the need to read email on my phone and the like.

      Just give me a phone that will stand up to anything that doesn't look retarded, and I'd buy it.

      --
      The Internet is generally stupid
    12. Re:What would be cool by edbosanquet · · Score: 2, Interesting

      Patents are only valid for a fixed period of time. So if you have a patent improvment based on an expired patent then you don't need to license the change. If the previous patent is still valid then you need to obtain the license. Since your improvement came after the orgional then there will probably be at least a short period of time where you have your improvement without licensing fees.

    13. Re:What would be cool by Anonymous Coward · · Score: 0

      If you change one thing and patent the new "invention", it's a new patent, completely separate from the original one. You have to reference the original, but there are no fees to be paid.

      What gave you that idea? Extending an invention does not void the previous patent, and if you incorporate a patented invention into your invention, then you'll have to pay the previous patent holder for whatever parts or licenses you need to build your invention.

    14. Re:What would be cool by munpfazy · · Score: 1

      Okay. . . so instead, you upload the file to the fab house server and then stop by your local3D-printer/SLS/CNC-mill kiosk to pick up your phone kit.

      Well, after blindly tabbing through all those annoying thermal/mechanical/power-requirement/RFI warning screens, that is.

    15. Re:What would be cool by timmarhy · · Score: 1

      right because the patent system works so well.....

      --
      If you mod me down, I will become more powerful than you can imagine....
    16. Re:What would be cool by BungaDunga · · Score: 1

      How about a programmable nanotech phone that instantly reconfigures itself into any hardware configuration possible? That'd be pretty awesome, and "perfect" in that it could literally be anything you wanted.

    17. Re:What would be cool by geekoid · · Score: 1

      No shit sherlock.

      Is there a point there? I think everybody with two or more braincells (.i.e. everyone but you) made that assumption.

      The concept is 'The perfect phone'.
      Off course, you could always get an adapter. Or better a blue tooth version of some of those, so your GPS stays in your pocket.

      You could make a phone cover that is swappable, so if you want a camera, you could just jpgrade the cover.
      Not that anyone wouldn't want a camera.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    18. Re:What would be cool by geekoid · · Score: 2, Funny



      I might want more RAM, or a faster CPU, or an advanced GPU

      golly, gee. I'm thinking you would need to get a new goddamn phone.
      The article is about certain features, Clearly certian things would upgrade. Of course if it is perfect at the time you get it, you wouldn't need to change any of that crap, would you. What everyone but you and one other poster know is they mean 'perfect at the moment of purchase.'

      See, what you want is a fucking magic phone pixie.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    19. Re:What would be cool by notamisfit · · Score: 1

      The problem isn't even the USPTO; it's the damn federal court system. These jokers have been screwing the works up for decades (Diamond v. Diehr comes to mind), and the USPTO has little choice but to comply.

      --
      Jesus is coming -- look busy!
    20. Re:What would be cool by honkycat · · Score: 1

      Yeah, but compare the lifetime of a patent to a product lifecycle. Yeah, those patents will expire, but by then it's quite likely the whole technology will be obsolete. This is a major problem (even more so for software).

    21. Re:What would be cool by Anonymous Coward · · Score: 0

      It's like a balloon... and then something bad happens! - Fry, Futurama

    22. Re:What would be cool by Kreigaffe · · Score: 1

      Oh for the days of those tiny backlit one-color LCD displays that hardly drained your battery, for analog signals that covered better than digital, for phones made out of hard colored plastics without crappy paints that rub off and leave bare spots!

      I liked my old phone much better than my new phone. Battery life, signal coverage, and durability have only gone DOWNHILL since they began adding features and pretty shinies to phones.

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    23. Re:What would be cool by Planesdragon · · Score: 1

      That's not how patents work. If you change one thing and patent the new "invention", it's a new patent, completely separate from the original one. You have to reference the original, but there are no fees to be paid.

      Those are the "worthless" design patents. What most of us think of as a "patent" is an "idea patent" -- like "waterbeds" or "tapping a card", "one-click" or "how to make a cheap OLED."

      If a patent is really justifiable, we want it on government record. And so, a patent gives you mind-boggingly impressive legal leeway--you can charge anything or nothing, discriminate up the wazoo, and even if someone comes up with the same idea, your patent rules.

      (Which is why you can patent slight variations, and no one cares. If they're not obvious, good, and if the original patent is still valid--well, you're boned.)

    24. Re:What would be cool by mollymoo · · Score: 2, Interesting

      Those are the "worthless" design patents. What most of us think of as a "patent" is an "idea patent" -- like "waterbeds" or "tapping a card", "one-click" or "how to make a cheap OLED."

      There is no such thing as an "idea patent". There is such a thing as an "invention patent". You can't patent an idea. You can patent an implementation of an idea. Amazon's one-click patent doesn't patent the idea of one-click shopping. It patents the only practical implementation of one-click shopping, which isn't strictly the same thing. I could patent a hugely cumbersome version of one-click and license it, but nobody would buy a license, because it would be hugely cumbersome to implement (as in hamsters carrying postcards cumbersome). The problem with US patents at the moment is that patents like one-click, where the implementation is obvious to anyone skilled in the art, are granted and those patents do amount to patents on ideas because no other practical implementation is possible. Something like the limited slip differential is a better example of how patents should work - there are several different LSD designs which work, so if you didn't want to pay the cash to use a Torsen diff, you had other options to achieve a similar result. Money was made from the Torsen LSD patent because it was a good design for an LSD, not because it was the only practical way to make an LSD. One-click is indicative of a broken patent system, it isn't representative of the idea behind patents.

      --
      Chernobyl 'not a wildlife haven' - BBC News
    25. Re:What would be cool by pangloss · · Score: 1

      You could make a phone cover that is swappable, so if you want a camera, you could just jpgrade the cover.
      Not that anyone wouldn't want a camera. There are plenty of locations where mobile phones are permitted but cameras are not. This is why you see some consumers get very excited when camera-less models of their favorite phone are released (e.g. the camera-less Treos). Even more extreme, I found the following article which discusses the demand for "kosher" cell phones: http://findarticles.com/p/articles/mi_qn4155/is_20 060331/ai_n16200963.
    26. Re:What would be cool by bh_doc · · Score: 1

      What if every feature I could want on a cellphone isn't softmoddable? I might want more RAM, or a faster CPU, or an advanced GPU. I might want a bigger screen or a different form factor. I might even want it to make me eggs.
      So... you want some sort of cyborg chicken-phone?
    27. Re:What would be cool by MSTCrow5429 · · Score: 1

      A robot chicken, yes.

      --
      Slashdot: Playing Favorites Since 1997
    28. Re:What would be cool by Actually,+I+do+RTFA · · Score: 1

      In Star Trek, someone would come up with a complicated plan, and then someone else would explain it using a simple analogy.

      Reference gotten sir, reference gotten.

      --
      Your ad here. Ask me how!
    29. Re:What would be cool by fymidos · · Score: 1

      >You can improve a patent and then get a different patent for it

      Even if "improving" an invention was as simple as you make it sound
      you still can't use your own improvements without a license from the original inventor.
      Patents are not holding anyone back as long as they have the money
      to pay for the license, and the patent is offered for a fee.

      However many companies choose simply *not* to license their patents. Even if
      they all did, the price of the resulting product would have to cover for all
      those fees.

      --
      Washington bullets will simply be known as the "Bulle
    30. Re:What would be cool by zaydana · · Score: 2, Informative

      That may be the case for geeks, but there are many folks out there for who the perfect phone is one that they take out of the package, and it works. It calls people when they dial numbers, it rings when somebody calls them, and thats it. Configurability isn't always perfect.

    31. Re:What would be cool by heinousjay · · Score: 1

      You must be buying the wrong phones, or conversely, if the old ones were so much better, why get rid of them?

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    32. Re:What would be cool by Anonymous Coward · · Score: 0

      I want something small enough to fit in my pocket that won't die on me when it's in my shirt pocket and lean over the pool or toilet (both have happened) and it falls in.
      Don't put it in your shirt pocket. Or get a lanyard, you dumb fuck.
    33. Re:What would be cool by Hognoxious · · Score: 1

      Is there a point there? I think everybody with two or more braincells (.i.e. everyone but you) made that assumption.

      Seems the dumbass who wrote this clearly has one or less.
      Would be a piece of software on your computer that has every possible feature anyone could want for their cell phone. Then you could drag and drop the desired features onto the phone that is plugged into your computer via USB. That would be the perfect phone.

      First time I read it, I thought it was referring to custom build situation like withcars & PCs. The second time I read it, seems like it's advocating magic.

      Perhaps you should work on expressing yourself clearly, rather than flaming people who get confused by your 'style' of writing?
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    34. Re:What would be cool by Kreigaffe · · Score: 1

      I didn't get rid of it. For a while.

      But after a good 5-6 years, there was nowhere to find a replacement battery.. and batteries do only last for so long before they won't hold a charge. It was down to about a 15-minute conversation per charge.

      And yeah, I am buying cheap ones now. Why? Because the 'good' ones are ridiculously expensive and bloated, and from what I hear aren't much more durable anyway.

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    35. Re:What would be cool by sqldr · · Score: 0

      ..and make a clucking sound when it rings

      --
      I wrote my first program at the age of six, and I still can't work out how this website works.
    36. Re:What would be cool by crgrace · · Score: 1

      IANAPL, but patents based on improvements on other patents still require licensing from the original patent holder to produce. If you could simply bypass a patent by making a slight improvement, then I'm sure Blackberry and RIM suits would have never happened.
      This is simply not true. The vast majority of patents are improvements on previously disclosed inventions. The original patents are listed as references. The key is the improvement has to be non-obvious to someone skilled in the art. This is where the lawyers come in. In the case of infringement, it is almost always someone didn't know about the patent or, more likely, tried to get away copying it. If there is a true improvement, then a new patent can be issued.

    37. Re:What would be cool by Tim+C · · Score: 1

      Would be a piece of software on your computer that has every possible feature anyone could want for their cell phone.
      Then you could drag and drop the desired features onto the phone that is plugged into your computer via USB.


      That would be great, but unfortunately some features require hardware and there's nothing you can do about that. No amount of software is going to turn a x2 optical zoom lens into a x20 optical zoom lens, or a small, low res screen into a large, high res one.

      That would be the perfect phone.

      Even if the issue of hardware support for those features didn't exist, you still have one barrier to perfection - not everyone with a phone has a computer.

      You can improve a patent and then get a different patent for it.

      And you still need the original patent holder's permission to implement their patented tech, just as they need your permission to implement your improvements. Unless, of course, your "improvement" is a complete change, but then that's not an improvement...

  9. I doubt it by Anonymous Coward · · Score: 0

    What it stops is lazy designers from trying to find alternative solutions. You know that whole standing on the shoulders of giants thing. Learning from others' disclosures. All that jazz!

  10. The Perfect Phone in 20 years by radarjd · · Score: 2, Insightful

    At worst, in twenty years we'll get the perfect phone. I suppose I can wait that long for perfection...

    1. Re:The Perfect Phone in 20 years by Kadin2048 · · Score: 3, Insightful

      In 20 years you can get "The Perfect Phone of 2007."

      In 20 years, there will be a host of new technologies around, all encumbered with patents, that people will want to have in a 'perfect phone.' The stuff that's under patent now will be like pulse-dial rotary POTS equipment. If you're lucky it's still use-able, in the most basic sense, but it doesn't do much of what people want.

      The problem is that innovation is now moving so much faster than it was when the patent term was set at two decades -- by the time something works its way out of patent protection now, it's generally pretty obsolete. And this will only get worse as the pace of innovation continues to quicken.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    2. Re:The Perfect Phone in 20 years by interiot · · Score: 3, Interesting

      That's the way the patent system is supposed to work. The patent system is a tradeoff... we slow down progress slightly (by making people wait at most 20 years to build the perfect device), but hope that we speed it up more by giving people extra incentives to innovate.

      Unfortunately, that's not the way the system actually works. When the patent office lets you patent things that were obvious 10 or 20 years ago (eg. patenting xor, or patenting the idea of VoIP/POTS integration when the idea was an integral part of the design of various VoIP standards released years ago), then the patent system doesn't just slow things down 20 years, it's actually 30 or 40 years instead. And when there aren't realistically sufficient checks to prevent obvious things being patented, it means that a bad patent examiner can slow things down for 50 or 60 years in a few cases where they really screw it up.

      Also, in the modern world, clearly companies already have a huge incentive to innovate. Was the dot-com boom driven by the fact that companies could patent things, and monopolize the area for 20 years? Or was it instead driven mostly by VC's hoping to profit from first mover advantage? In my mind, it was clearly the latter.

    3. Re:The Perfect Phone in 20 years by Husgaard · · Score: 1

      You have a really good point here.

      There is an economic incentive for patent offices to issue as many patents as possible. And there is an economic incentive for patent lawyers to have as many patents as possible issued and for the patent case law to be as complicated as possible.

      And today the patent system is so complicated that very few people except those who work professionally with it (patent offices and patent lawyers) actually understand it. This means that patent offices can extrend patentable subject matter and patent lawyers can make patent case law more complicated. And those who are supposed to keep the system in check (our democratically elected representatives) are unable to do anything about it, as they do not understand the system.

      The recent US Supreme Court decision is a minor setback to this. But it does not fundamentally change this corrupt system.

    4. Re:The Perfect Phone in 20 years by Anonymous Coward · · Score: 0

      How about one that lets me turn off the effing start up jingle. God I hate that.

    5. Re:The Perfect Phone in 20 years by MontyApollo · · Score: 1

      >>Or was it instead driven mostly by VC's hoping to profit from first mover advantage? In my mind, it was clearly the latter.

      VC's by thier nature try to find a good idea and dump a lot of money on it, but VC systems has problems too. The dotcom boom turned about to be a bust because of all the stupid money.

      Without patents it would be a "first mover" kind of world, and I think that would stifle innovation to a degree as all the stupid money got wasted and the VC's became more conservative and began to demand better and better deals for themselves. The VC's would have much more power over the innovators, and in the long run people would be less likely to innovate if the knew their only hope was to sell their soul to a VC.

      I do agree the patent system needs to be reformed. One of the problems is the software patents turned into a land rush and everybody starting patenting ideas from years ago as you said. When people start complaining about the patent system, it seems they always talking about software patents or are using software examples.

      The quickest growth in technology that ever occurred on Earth happened over the last century with a patent system in place. The complaints did not really start piling up until software patents came about. Software patents need to be drastically reformed or completely done away with.

  11. Perfect Devices are Bad for Business by Anonymous Coward · · Score: 5, Insightful

    Perfect Devices are bad for business because it leaves no room for failure, improvements, and other features which companies rely on. If your computer was always easily upgraded, and you never needed that new Video Card, what good would it be for the companies?

    1. Re:Perfect Devices are Bad for Business by Anonymous Coward · · Score: 0

      Imagine the economy. Now imagine the highways, tollways, interstates, byways, and throughways. Now imagine the economy with with those same roads littered with 1000x as many cars/trucks/busses/ambulances breaking down and clogging shit up. Sure this would be great for someone, but not the economy. Not one little bit.

      See broken window fallacy.

    2. Re:Perfect Devices are Bad for Business by deblau · · Score: 2, Insightful

      Perfect Devices are bad for business because it leaves no room for failure, improvements, and other features which companies rely on. If your computer was always easily upgraded, and you never needed that new Video Card, what good would it be for the companies?
      It would force them to innovate in wholly new areas of technology. Which is a primary purpose of the patent system.
      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
  12. pfft... by djupedal · · Score: 2, Insightful

    "Do you think patents are stopping companies from creating 'perfect' devices, or are there other factors at work?"

    No -- Yes.

    I say that because the patent system, good, bad or otherwise, has been around long enough that if there was genuine smothering of genius going on, it would have been a major topic long since, and because everyone has a different interpretation of 'perfect' devices. (left handed versus right - textured vs. smoothed...)

    For those that need a concept to wrap their heads around, read the book 'The Difference Engine' ...twice, if you have to.

    1. Re:pfft... by Billosaur · · Score: 1

      And just because something is patented, doesn't mean you can't use it. All it means is that the holder of the patent is entitled to compensation if you use their patented idea/technology in your gizmo. The only way a patent can truly stifle development is if a patent-holder charges too much for the right to use the idea/technology outlined in the patent. Most aren't going to do that however, as the patent represents a source of cash.

      --
      GetOuttaMySpace - The Anti-Social Network
    2. Re:pfft... by drinkypoo · · Score: 1

      And just because something is patented, doesn't mean you can't use it. All it means is that the holder of the patent is entitled to compensation if you use their patented idea/technology in your gizmo. The only way a patent can truly stifle development is if a patent-holder charges too much for the right to use the idea/technology outlined in the patent. Most aren't going to do that however, as the patent represents a source of cash.

      You are truly naive.

      There are any number of reasons to charge exorbitant licensing fees which may prevent people from using your patent, up to and including the fact that you may have your own product based on it, and the prospective licensor wants to make a competing product. There are also exclusive patent licensing deals, which do not permit the licensor to relicense, effectively preventing anyone else from making a product based on the same patent until the agreement expires.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:pfft... by Alchemar · · Score: 2, Insightful

      It has been a major topic long since. At least since the creation of an affordable autombile.

      http://inventors.about.com/library/weekly/aacarsse ldona.htm

    4. Re:pfft... by djupedal · · Score: 1

      At least since the creation of an affordable autombile.

      I think the Veyron is the perfect automobile. And with a price of USD$1.16 million (and Bugatti losing $2 million), I consider it affordable. How about you? Didn't think so.

      The key word in this thread is 'perfect' - not affordable. The day I go shopping for a car and tell the sales person it must be affordable is the day I stop driving. Thanks for taking a run at the conversation and proving both my points, but you may want to try again if you want yours to stick, sorry...

    5. Re:pfft... by Billosaur · · Score: 0

      There are any number of reasons to charge exorbitant licensing fees which may prevent people from using your patent, up to and including the fact that you may have your own product based on it, and the prospective licensor wants to make a competing product. There are also exclusive patent licensing deals, which do not permit the licensor to relicense, effectively preventing anyone else from making a product based on the same patent until the agreement expires.

      Then that means the answer is "No, patents are not stifling innovation." Because if patent-holders are going to go to those lengths, that's going to force you to come up with new ideas and new ways of doing things that won't involve those patents. If that doesn't spark creativity, I don't know what will.

      --
      GetOuttaMySpace - The Anti-Social Network
    6. Re:pfft... by ichigo+2.0 · · Score: 1

      I vaguely remember someone mentioning that 'perfect' is subjective, which means that some people would consider price one of the factors affecting it. Also, you seem to be missing the AC's point, which is that the smothering of genius caused by patents has been a major topic long since, contrary to what some parties claim.

    7. Re:pfft... by Alchemar · · Score: 1

      And I will counter that affordable is a mandatory requirement of being "perfect" in any kind of consumer oriented device. If people can't afford to own one, then all the other features are useless. If you have so much money that you are the only one that can afford one, that makes it affordable to you, and therefore it may be your perfect device. Just because being perfect is not set in stone as the same for all people does not negate the fact that patents are preventing people from manufacturing items that some people would think are perfect. There is no inherent requirement for one item to be perfect for everyone for it to be a perfect item to someone. Since logically, one item being the perfect item for everyone is not going to happen, it implies that by "perfect" item, they are talking about an item that a group of people will think is perfect. Without the patent requirements, there is nothing preventing two companies making items that are perfect for two different groups of people, thus still allowing competition as well as better products.

      Your argument was that it can't be a problem because if it was it would have been brought up by now. I countered proving that historically it has been an issue. To many people a car they can actually afford to purchase and drive instead of just look at through a window is a feature that is required in any automobile they purchase. Just because you don't consider price an important feature does not disprove that it is a problem that has been discussed.

    8. Re:pfft... by Alchemar · · Score: 1

      That worked when the patent system required a working model. Now people can patent the idea before it is even created, can patent the business model used to sell it, can patent the software that is used to run it, and patent the basic concept of just doing 'X' instead of a method for doing 'X'. Most patents are written to prevent people from being able to develop a different method. People do not write patents to protect a new idea. They intentionally come up with patents to corner the market on the products they already sell by making a slightly "new & improved" and covering as many other improvements under a patent as they can before someone else can do it. It does cause small improvements, but prevents larger ones because the companies do not have to compete once they get the competition locked out of the market for 20 years.

  13. What is "perfect"? Who defines "perfect"? by zerofoo · · Score: 4, Insightful

    This guy's "perfect" phone sucks for me, why?

    No QWERTY keyboard. I use my phone more often for email than actually using it as a phone. A QWERTY keyboard is a necessity - there is nothing more frustrating than trying to type an email on a standard phone keypad. Predictive typing software mostly sucks.

    If a company could create the "perfect" phone, the financial rewards of such a device would make either patent licensing, or litigation acceptable costs.

    The problem is, no one knows what the "perfect" phone should look like, or how it should operate. For every person that wants a QWERTY keyboard there are those that don't.

    The whole argument reminds me of the "cancer cure" conspiracy theorists that say the cure for cancer is not available since it would hurt the profits of those companies that provide treatments. Baloney! The cure would be worth 10 times the entire treatment regimen of the patient.

    The perfect phone doesn't exist because it can not be defined.

    -ted

  14. yay stupid questions by drinkypoo · · Score: 1

    Do you think patents are stopping companies from creating 'perfect' devices, or are there other factors at work?"

    No, of course, it's only patents! If only it weren't for those pesky patents, we would achieve perfection and transcend the physical plane.

    Obviously patents prevent people from making spiffy devices. you have to license the patents, and it's not hard to imagine patent licensing agreements that prohibit the inclusion of other (competing) technologies. It would actually go a long way towards explaining why more software-based mp3 players don't support ogg. It wouldn't cost much to include the support, especially since someone else has done almost all the work for you (and there are fp, int, and mixed implementations, even.)

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  15. Re:Incorrect by geekoid · · Score: 0, Flamebait

    Great, show me an example?

    Yes I am familiar with the patent system. Probably more familiar then 90% of the people who post on slashdot and rail against the patent system.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  16. Multifunction GPS by Anonymous Coward · · Score: 0

    I'd love to see phone GPS used for more... I think we're starting to get there with directions, but what about other GPS devices. OK, I really just care about golf courses. Why should I have to buy a SkyCaddie if my phone has an LCD and GPS built in? Just let me pay the annual fee and not have two devices.

  17. It's a hole that's hard to dig out of. by Gabrill · · Score: 4, Interesting

    To me, a layman, it does seam like basic tools have most of their "methods" and "apparatus" patented, so that startups have no hope of making anything more complex than a wheelbarrow without stepping at least one patent or another. Maybe it would be a good idea to farm recently outdated patents for business ideas. Anything made to those patents' specifications should be immune to newer patents, and a good way to invalidate copycat patents.

    --
    Always going forward, 'cause we can't find reverse.
    1. Re:It's a hole that's hard to dig out of. by Anonymous Coward · · Score: 0

      ...so that startups have no hope of making anything more complex than a wheelbarrow without stepping at least one patent or another

      Actually, they may already be stepping on some - Google Patents returned 498 results for "wheelbarrow". ;-)
    2. Re:It's a hole that's hard to dig out of. by Anonymous Coward · · Score: 0

      I think the patent on flint axeheads is coming up soon.

      Maybe you could do something with that?

  18. Welcome to the Internet, folks. by khasim · · Score: 2, Interesting

    Probably more familiar then 90% of the people who post on slashdot and rail against the patent system.

    I'm so bleeding smart that I don't know the basics about what I've just claimed to be so smart about.

    Check out Amazon's "One Click" patent. Go ahead.
  19. the perfect product by texasbat · · Score: 0

    definitely written by someone with no knowledge of the product design cycle, nor has he ever done any marketing research.

    --
    I work too hard for my illusions just to throw them all away.
  20. Re:Incorrect by jhjessup · · Score: 2, Informative

    The intent of the patent system is to foster innovation by protecting new inventions.

    New Inventions, not new concepts An invention is a specific implementation of a concept. If you can't specify how it's built, it's just a concept. (Or rather, that's the way it's supposed to work. Software patents are a slightly different kettle of fish, but the same rules should apply)

    The protection garnered by a patent grant is one of an exclusive monopoly. You can prevent anyone else (within the patent office's jurisdiction) from stealing your invention, even if you would be infringing on other people's patents if you tried to make it yourself.

    So, Mr. Lim could go ahead and apply for a patent on his ideal phone, and turn around and license it to LG or Samsung or Motorola or Nokia and let them negotiate with the individual patent holders. Meanwhile, the phone doesn't get built due to ongoing negotiations, but it stays patented, and if any manufactures are sufficiently interested to license the design, Mr. Lim collects royalties.

    (IANAL - but I am a law student writing my senior paper on patents)

  21. Re:Incorrect by Anonymous Coward · · Score: 0

    If there's a patent on an efficient method of doing something on a phone, then maybe you can't change the formula enough to get away with something functionally equivilant given the battery life decrease. Have you seen how generic patents are?

  22. Does anyone remember MacWorld/MacUser's take? by Alaska+Jack · · Score: 1

    About 10 years ago I dimly remember reading in one of the Mac magazines -- Macworld or Macuser, I think -- their take on the perfect PDA/Phone. They had photos of a mockup, though I can't remember if it was real or photoshopery. I seem to remember that Frog Design was involved.

    Does anyone else recall this? I'd like to read the article again -- I bet it would be pretty interesting.

        - AJ

  23. It may hinder the development... by CaptainPatent · · Score: 1

    of the "perfect" device of any sort and it would require appropriate licensing (or wrongful patent lawsuits is some unfortunate cases) to develop. That is true.

    It does allow the little guy to get credit where it is due though and it requires true innovation in the field and not plagiarism of an idea. I do agree that it is relatively ridiculous that 20 year patents are allowed in technological fields where the idea itself will be obsolete in 5, but a lot of the Slashdot community tends to overlook the good that is also done.

    --
    Well, back to rejecting software patent applications.
    1. Re:It may hinder the development... by mOdQuArK! · · Score: 1

      It does allow the little guy to get credit where it is due though and it requires true innovation in the field and not plagiarism of an idea. I do agree that it is relatively ridiculous that 20 year patents are allowed in technological fields where the idea itself will be obsolete in 5, but a lot of the Slashdot community tends to overlook the good that is also done.

      Please point me to a peer-reviewed study that indicates this effect is really occurring. I've been looking for a reference to such a study for quite a while now, but haven't heard anything more than anecdotal and "it's obvious" arguments that patents do anything to help the overall innovation rate of a society.

    2. Re:It may hinder the development... by CaptainPatent · · Score: 1

      Please point me to a peer-reviewed study that indicates this effect is really occurring. I've been looking for a reference to such a study for quite a while now, but haven't heard anything more than anecdotal and "it's obvious" arguments that patents do anything to help the overall innovation rate of a society. Maybe if you took the time to read the parent you were posting under, you would realize that what I said had absolutely nothing to do with the "innovation rate." Perhaps then you'd see that I do indeed (oh and I quote from parent) agree that it's ridiculous that 20 year patents are allowed in technological fields where the idea itself will be obsolete in 5

      Maybe then you'll realize my argument is simple: Give credit where it's due, but if the idea is sat upon and not developed in the time frame where it's still pertinent than let the public take it from there.(aka. far shorter patent terms)

      As a side note, there can be no "peer reviewed study" as we don't have a mirror USA in a plastic bubble for study upon. Likewise all information you hear concerning the true benefits or drawbacks of the patent system will be anecdotal no matter what side of the fence you're on.
      --
      Well, back to rejecting software patent applications.
  24. Re:What is "perfect"? Who defines "perfect"? by WarwickRyan · · Score: 1

    It's a phone, as in something you call with.

    For email, you'd be wanting a portable computer with some form of wireless connectivity %-)

  25. Yes, not just phones by EmbeddedJanitor · · Score: 4, Informative
    This problem is nothing new to phones, electronics and software.

    Company A patents technology X, but has no interest in making a product that has technology X plus feature Y. Company B would like to make a product with technology X and feature Y, but is stumped by the patent. Result: the world never gets an X+Y product.

    This is not just theoretical. I work in a field knee deep in patents and I see this sort of nonsense all the time.

    --
    Engineering is the art of compromise.
    1. Re:Yes, not just phones by Hatta · · Score: 1

      What is the solution? With patents, we may never see Feature X+Y. Without patents, we may never have seen Feature X in the first place. How does the world get Feature X+Y?

      --
      Give me Classic Slashdot or give me death!
    2. Re:Yes, not just phones by Anonymous Coward · · Score: 0

      Uh... patents expire?

    3. Re:Yes, not just phones by middlemen · · Score: 1

      How does the world get Feature X+Y?

      by advertising it as a bug :)

    4. Re:Yes, not just phones by danpat · · Score: 1
    5. Re:Yes, not just phones by mehtars · · Score: 1

      Shorten the patent life in software/hardware to 5 years,

    6. Re:Yes, not just phones by BillyBlaze · · Score: 1

      Can you give any evidence that software companies would not innovate without patents?

    7. Re:Yes, not just phones by FireFury03 · · Score: 1

      What is the solution? With patents, we may never see Feature X+Y. Without patents, we may never have seen Feature X in the first place. How does the world get Feature X+Y?

      Firstly, you may well have seen feature X even if it couldn't be patented because the inventor wanted to make money off it. There is an increased risk for the inventor if he can't patent it (since his competetors can take his invention and use their market position to push it or undercut him on price), but that doesn't necessarilly prevent the inventor from selling a product containing the feature. The risk is much much lower for large companies since they already have a lot of market leverage.

      Secondly, you are making the erronous assumption that a feature couldn't be independently invented by more than one organisation. And this, I think, is the fundamental problem with the patent system - it can't differentiate between someone ripping off someone else's feature and someone independently inventing the same feature with no knowledge of the original. If I independently come up with the same idea as you, why should I be required to pay you a licence fee?

    8. Re:Yes, not just phones by MontyApollo · · Score: 1

      >>Can you give any evidence that software companies would not innovate without patents?

      I think software is a special case. I think software patents need a drastic reform, or they need to be done away with all togeather. They are a rather recent addition to patent law, and if you look at the vast majority of complaints about the patent system they always seem to center around software.

      Software should have never been patentable to begin with, but it does not mean that patent system is bad otherwise. The biggest technological growth spurt in human history occurred with a patent system in place.

  26. How about this for the 'Perfect' phone: by jstockdale · · Score: 1

    A small, rectangular object capable of making and receiving voice communications, perhaps using some type of numerical input pad.

    That said, I haven't seen anything like that for sale in years. You know, a simple, cellular phone?

    Our patent system, as broken as it is, doesn't incumber products nearly as much as incompetent companies and mindless consumers.

    --
    **AA: a bunch of mindless jerks who'll be the first against the wall when the revolution comes
    1. Re:How about this for the 'Perfect' phone: by drinkypoo · · Score: 1

      FWIW Motorola is making a GSM phone like that for the Indian market. e-Ink display, has like four built-in ringtones, and it's styled more or less like a RAZR (but non-flip). I've often thought that a phone like that plus EDGE GPRS and bluetooth communication (to use it with your PC/PDA/whatever) would be a gigantic seller in the USA for people who don't want a phone with a fancy interface. Especially since it has literally weeks of standby time. (Well, over a week IIRC. And many hours of talk time.)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:How about this for the 'Perfect' phone: by Commander+Doofus · · Score: 1

      Here ya go. Sure it's targetted for old people but the simplicity is nice.

      --
      Want to improve your life? This guy will show you how!
  27. Re:What is "perfect"? Who defines "perfect"? by Anonymous Coward · · Score: 0

    ummm well, TFA is describing a perfect "Phone" not a phone with bult-in PDA or phone with emailing functionality etc.

  28. Sort of looks like a Samsung X820 by zigamorph · · Score: 1

    SGH-X820 Except of course that the "perfect" phone is 10mm thick and the samsung 6.9mm ;)

  29. gzip is an example by Anonymous Coward · · Score: 0

    gzip is an example of something that could be better if it weren't for patents. It is intentionally made less efficient and slower (by using less efficient algorithms) due to patents on better compression algorithms.

    However, if gzip could use these algorithms, would it be *perfect*?

  30. Not a problem by Lodragandraoidh · · Score: 3, Interesting

    This is not a big problem - for a big company. A Big company could easily license the IP from their competitors to build the 'perfect' phone.

    Of course, that elimenates all the little guys from competing because they can't afford to license the technology.

    On the other hand, companies prefer to purposefully 'differentiate' their products so the customer is presented with a choice - which the company is banking on. You will probably never see the 'perfect' phone, as a result. It is the nature of the beast.

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
  31. Re:What is "perfect"? Who defines "perfect"? by Volante3192 · · Score: 1

    I got an easier one: it's not a flip phone.

    Sure, it may be a pithy and innane requirement, but I don't like those flat phone styles in the slightest.

  32. Process of implementation of the idea... by ignipotentis · · Score: 1

    not the idea itself.

    The main issue I have with the patent system is that it is not functioning to protect the process of implementation. One cannot patent the idea of a "water tight connector" for example, but one could patent the process / design for creating one. This would then protect the patent holder for a *period of time.* Once that period of time is over, its wide open for cheap knock offs.

    Based on both concepts above (the idea can't be patented; the process will eventually be available) I don't think patents are stopping the perfect anything. I think it is more likely that your version of a perfect something is drastically different than my version.

    --
    Don't waste time... procrastinate now!
  33. Re:Incorrect by Kadin2048 · · Score: 4, Informative

    CDMA.

    Try building a phone that works with the CDMA cellular network, and doesn't violate Qualcomm's patent. It's not going to happen. They've patented too much stuff that's too fundamental to making an interoperable device.

    If you piss them off, or if they decide for some reason not to license their patent(s) to you (e.g., you want to make a multi-network phone and their other customers -- the telcos -- don't like the idea), you're S.O.L. as far as most of the U.S. cellphone market is concerned.

    Video compression is the same way. Try to build an MPEG-4 encoder that doesn't violate the MPEGLA's patents; it's not going to happen. Sure, you could build some completely unrelated video encoder, but that's of extremely limited utility in a world where standards matter.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  34. Moot by moankey · · Score: 1

    Of course patents and companies prevent the perfect product. This can be said about anything. As long as there is economy, profit, governments, and corporations a synergy of technology and science will never be made.
    A perfect anything is idealistic at best.

  35. Why no OGG support? by cdrguru · · Score: 1

    Actually, this is extremely simple. How many OGG files are there on the average Joe's computer? Zero. How many web sites sell downloadable music files in OGG format? A few, probably. How many popular software products do anything at all with OGG format files? Zero, I believe.

    So we have a pretty unpopular format with a niche following.

    Now we have the decision between a 64K chip and a 128K chip in a given device. Or some similar trade-off on ROM space and maybe RAM space. Is it worth the expense of moving to the 128K chip to support OGG? Nobody is going to be able to sell that one.

    Is there a device with enough ROM space available to fit OGG in at the supposed near-zero cost the parent claims? Maybe. But there isn't any real interest. Certainly not on a feature-to-feature comparison chart. They are going to use that ROM space to add features that count to the Average Joe, not the niche OGG market.

    1. Re:Why no OGG support? by drinkypoo · · Score: 2, Interesting

      Is there a device with enough ROM space available to fit OGG in at the supposed near-zero cost the parent claims? Maybe. But there isn't any real interest. Certainly not on a feature-to-feature comparison chart. They are going to use that ROM space to add features that count to the Average Joe, not the niche OGG market.

      There's plenty of devices with unused space in ROM. And do you know how visionaries become recognized as such? They spot opportunities before others do - perhaps even before the market is aware of their desire - and they exploit them.

      In other words, no one serious has attempted to create a market for ogg. It might not be a very hard sell, but who's attempted it?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  36. Mod Parrent Up by ignipotentis · · Score: 1

    I just submitted the exact same thing (in a much more drawn out rambling kind of way).

    --
    Don't waste time... procrastinate now!
  37. Dual Batteries? by LS · · Score: 1

    Can anyone explain what the advantage of dual batteries is? TFA describes this "feature", but not what the benefits are.

    LS

    --
    There is a fine line between being a cultivated citizen and being someone else's crop. - A. J. Patrick Liszkie
    1. Re:Dual Batteries? by Anonymous Coward · · Score: 0

      Clearly you don't want you phono abilities killed when your mp3 playback drains the batteries.

    2. Re:Dual Batteries? by geek2718 · · Score: 2, Informative

      I assumed it was so that you can run out of "feature battery life" without disabling your phone for that important phone call? Seems a bit tenuous to me, as presumably you get less lifetime per oz. of battery with dual batteries unless you happen to use both batteries at exactly the same rate and you could accomplish the same thing with software...but, perhaps the power needed to transmit a cell phone call is higher than that needed by music or camera features. So for one application you need high power short use, while for music you want low power long use. Could be that a different battery could optimize them. Anyone know?

    3. Re:Dual Batteries? by frause · · Score: 1

      Clearly you don't want you phono abilities killed when your mp3 playback drains the batteries. And what if I do?

      What if I am one hour away from a charger and I want to use the mp3 player on the way there. I have listened to music all day, but not used the phone much and the "mp3-battery" is almost empty. The "phone-battery" has got more than enough juice to provide for both one hour mp3-playback and a couple of calls. Only it can't. It's separate circuits.

      You could achieve a artificial limit thorough software anyway (whith a override), so why waste weight and volume with two separate batteries?
  38. Nope -- it's the Gillette to the nth degree by CodeShark · · Score: 1
    This might work -- in Europe, but not the US. And it's not the patents that are stopping something like this, it's the telcos. The Gillette analogy is that a company will sell you or even give you the razor handle -- as long as they can tie you into buying their proprietary and presumably more expensive blades, insuring a long term profit to cover the giveaway.

    Add the ability to use this theoretical phone on ANY network, forcing Verizon, ATT, Sprint/Nextel, etc. into a world where if I get screwed by a vendor, I take my phone with me to another network, and it still works....just like radio does if it can reach the appropriate EM spectrum. (Checked the per-unit cost of an FM radio or walkie talkie lately?)

    Suddenly the phone becomes a commodity, not a gatekeeper -- the proverbial razor handle -- so the various telcos have to be more competitive and the hand set developers that were previously beholden to produce phones for specific networks and technologies now have to compete and have the incentive to cross license their technologies to the nth degree -- like has already happened in the commoditization of hardware in the Win/DOS/Linux worlds.

    But as long as there is a tie between which phones work on which networks, and extended service contracts are allowed and the norm, I just don't see things changing, meaning that patent wars are an inevitable but viable part of a company's strategies.

    --
    ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
    1. Re:Nope -- it's the Gillette to the nth degree by cdrguru · · Score: 1

      The problem in the US is partly the wireless providers wanting specific features on "their" phones and partly the systems they have implemented. Verizon didn't (and may still not) sell Nokia phones because they don't work with Verizon's network equipment very well. On the other hand, if you bring a CDMA tri-band phone into a Verizon store it can be activated in almost all cases. It may not work very well if it is a Nokia. There are some other problems I am sure.

      But the idea of the phone being tied to the wireless vendor solely because of choice is a myth.

      Europe and much of the rest of the world has it easy - a single mature standard that is at least 15 years old. The US has three different bands being used and more network quirks than you would think possible. So not everything works as nicely as it does with a single standard.

    2. Re:Nope -- it's the Gillette to the nth degree by Alioth · · Score: 1

      But that's already the case. You CAN buy a phone with no network service, then buy a SIM card to fit. Even in the United States (I bought my last phone there to take advantage of the very weak dollar, which made the phone rather cheap). If you want a phone whose cost is subsidised by the carrier, then you'll have to accept the tradeoff of contract lock-in and being told what you can do with the phone. If you're prepared to spend extra to buy a phone outright (i.e. not subsidised), then buy service to go with the phone, you have more choice.

  39. You don't get great designs by mixing... by dpbsmith · · Score: 1

    ...not even if you think you're mixing the best features from each.

    If only you could combine a Big Mac and a Hershey bar...

    If only you could combine Fred Astaire and Rudolf Nuruyev...

    If only Gary Trudeau could draw like Albert Dürer... ...it wouldn't be perfection.

    1. Re:You don't get great designs by mixing... by Anonymous Coward · · Score: 0

      >If only you could combine a Big Mac and a Hershey bar...

      Actually, that sounds rather good. I will have to try this someday! Thanks for the idea! Perhaps I'll use hershey's syrup instead of "special sauce"... Mmmm.

  40. Re:Incorrect by gstoddart · · Score: 1

    Example: There is a patent for a device that thaws meat faster.

    This wouldn't be that silly sheet of metal which was sold as some space-age metal which would thaw your meat quicker, would it? I believe *that* was identified as being basically fraudulent claims since it relies on nothing more than a well known property of metals to conduct heat, and used nothing more than a piece of common aluminum..

    I seriously doubt there's a faster way to thaw your meat (without partially cooking it, or altering it) than to immerse it into cold water. Good luck on patenting that one. :-P

    Cheers
    --
    Lost at C:>. Found at C.
  41. Not in themselves by 91degrees · · Score: 1

    Many industry segments managed to sort this out some time ago. Cross licensing means that companies can use each others patents for a reasonable fee. Any microchip will have technology developed by dozens of companies. It's not perfect - companies are still suing each other left and right, but generally they try to get compensation rather than block their opponents.

  42. yes, patent prevent great things by jcmahal · · Score: 1

    Many already mentioned that the idea of a perfect phone even without being held back by patents is close to near impossible. Too many people with different likes and dislikes. So back to the original question, I do think patents are holding back development of great devices. The patent process is so skewed and broken that creating a great device will be both difficult and expensive. How can one person patent just an idea with no real work to even support how possible it is. How can a person patent two handle and patent it for people who doesn't know how to jumprope. Some ideas are basic common sense but patents are allowed to be created. One-Click purchase, again one of those common sense patent that should go away. In that sense a lot of "common" idea that are patented does hinder and prevent development of good/great products.

  43. Perfection vs. Time to Market by cdrguru · · Score: 1

    Consumer devices aren't designed in a vacuum. There has to be a place to sell them. If someone came up with the idea for a really wonderful music player 10 years ago and it took 10 years to have the device produced in all its perfection, it would be a flop. iPod owns the market. So we have had a succession of modestly successful devices that weren't perfect but made it to market.

    Software is often the same thing. You sell a distributor on a product and they want it for Christmas. Come October, you are going to ship a product. Period. Miss the window and you have a failure. It doesn't matter how great or perfect the product would have been - you missed the window and the time for it has past.

    You have to be able to put up with a level of defect in a product and deliver it in a reasonable period of time. If you can't deliver it, it isn't going to sell because it isn't on the shelf. Doesn't matter how perfect it might have been. Are fewer defects better? Yes, but not at the expense of the marketing plan.

  44. Re:What is "perfect"? Who defines "perfect"? by zCyl · · Score: 1

    I got an easier one: it's not a flip phone.

    Flip phones are so TOS. How about a pin we can wear on our shirts? :)
  45. Create a Patent Stock Exchange by cyberianpan · · Score: 1

    We should try to seperate patents from their application. Too often the patent holders want to be the only people creating the product. Well patents & IP generally is a protection afforded by the state so the state can set some limits. Why not have it so that every year there is an anonomyous open market bidding for usage of every patent that allows multiple people to buy in at highest price ? (and to stop the holder firm bidding a gidzillion dollars attach a profit tax of say 5% to it).

    1. Re:Create a Patent Stock Exchange by east+coast · · Score: 1

      It's their patent. What's the problem with them doing as they see fit with it? Actually, not giving the producer of a patent control is going to stifle innovation more then your system would benefit the open market. I know I wouldn't gamble money on R&D into a product if I knew some random company could bid control of it from under me.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
  46. Fixed-percent Patent "Tax" - shift burden by Tablizer · · Score: 1

    I think what should be done is a fixed-percent "patent tax". All devices pay a fixed percent of sales, say 10%, to a quasi-government organization that distributes the royalties to the various patent holders. Disputes over patent applicability are to be taken up between patent holders, NOT patent users. That way you can make whatever the heck you want and let the patent holders fight out any disputes instead.

    1. Re:Fixed-percent Patent "Tax" - shift burden by SoulRider · · Score: 1

      Oh great, thats all we need an RIAA type organization for patents. Dont you think the patent situation is messed up enough without having to add another layer of lawyers?

    2. Re:Fixed-percent Patent "Tax" - shift burden by Tablizer · · Score: 1

      Oh great, thats all we need an RIAA type organization for patents. Dont you think the patent situation is messed up enough without having to add another layer of lawyers?

      There are no new layers. The lawsuit burden is simply shifted to a different party. And unlike the RIAA, it is not targeted toward consumers. Manufacturers simply pay a known flat rate and don't ever have to worry about submarine (surprise) patents.

    3. Re:Fixed-percent Patent "Tax" - shift burden by jc42 · · Score: 1

      Actually, this is similar to the "mechanical license" that many governments imposed on the music recording industry decades ago. Performers and/or venues pay an annual fee to a few copyright registries, giving them the right to public performances of any music they like. The registry agencies then figure out how to parcel out the fees as royalties to the copyright holders.

      One problem with this system is that most holders of music copyrights never receive any royalties at all, or if they do, the royalties are less than the cost of registering your music with the agencies. We can expect that something similar would happen with a similar patent licensing system. Big corporations with zillions of copyrights would get a regular check, while individuals and small organizations would get nothing or less than the annual registration fee.

      But it's something that's worth discussing. Various governments, including the US, Canada, and most of Europe, have done this in the past with music. So it's not a wild new idea. They just need to be persuaded that it could be tried with patents.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  47. A bit OT by Control+Group · · Score: 1

    Your comment has reminded me of a long-standing question that's been floating around in my head for a while and I've never seen an answer to.

    Why is it that you don't see generic knockoffs of expensive razor blades? Is it that the razor blade companies change the form factors fast enough that patents protect the properly-fitting blades until they're irrelevant? Is it that razor blades actually are expensive enough to produce that generics can't make money? Is there something else I'm missing?

    --

    Reality has a conservative bias: it conserves mass, energy, momentum...
    1. Re:A bit OT by Anonymous Coward · · Score: 0

      Oddly enough it's quite likely you are using knockoffs. Along with toothbrushes, razorbaldes are one of the most counterfeited items. You know how some shops suddenly have special offers on odd items. Very often they have got hold of a batch wholesale on the cheap. Usually unbeknownst to them they are counterfeit, that's why they were cheap. So next time you pop in a new blade and get a bad shave think to yourself if they were on special when you bought them.

      Personally I use a "safety razor" because I can't stand those multibladed monstrosities.

    2. Re:A bit OT by hankwang · · Score: 1

      Is it that the razor blade companies change the form factors fast enough that patents protect the properly-fitting blades until they're irrelevant?

      Exactly. A patent can be extended for some 17 years, and a couple of patents on the system which clicks the blades to the holder will ensure that competitors can't legally make compatible blades.

  48. Re:Incorrect by Anonymous Coward · · Score: 0

    But if you have to add the feature in a non-optimal way in order to get around patents, the product is no longer perfect.

  49. Licenses by Anonymous Coward · · Score: 1, Informative

    The tech can be licensed, or worked around. A friend used to work at a mfg plant where the managers would bring a rival's product and ask him "can you make these?" He'd say sure. Once mentioned a patent notice on the gizmo he was charged with reproducing and said something to the manager, who replied "that's what we have lawyers for." The lawyers will get a notice from the rivals, then tell the techs what needed to be changed to be legal. Often getting around a patent was as easy as substituting brass for copper!

    As to the "perfect phone," I'm almost as unimpressed by his "perfect" phone as I am with C|NET and its two paragraphs per ad-laden page web site. I'm perfectly happy with my Razr (I'd be happier if I could save MP3s on it). Submitters, be warned: if you submit a shitty site like C|NET and I'm drinking from the firehose, I'll vote you down!

    -mcgrew

  50. Re:What is "perfect"? Who defines "perfect"? by MMC+Monster · · Score: 1

    How about a phone that morphs like the Terminator from T2? Has a keyboard when you need it and turns into a non-descript piece of metal when you don't.

    Just because it's not possible now doesn't mean it's impossible.

    --
    Help! I'm a slashdot refugee.
  51. Perfect phone was done decades ago. by fishbowl · · Score: 2, Insightful

    I miss the perfect phone, the base Bell System model. Something fundamental has been lost: The experience of hanging up. You could hang up a Bell System phone as violently or as delicately as you liked. It was indestructible. There were few things more satisfying that slamming the phone down on the hook, pounding the receiver against your desk or hurling it at the wall.

    --
    -fb Everything not expressly forbidden is now mandatory.
    1. Re:Perfect phone was done decades ago. by cnj · · Score: 1

      I agree! There's nothing worse than throwing my mobile in anger, and *still* having the other person on the line.

      Supposedly the iPhone has an accelerometer--it's probably hoping for too much for Apple to detect such a violent throw and hang-up.

      Now *that* would be a killer app.

      --
      Never trust anyone over 90000.
    2. Re:Perfect phone was done decades ago. by stephentyrone · · Score: 1

      Actually, that was one of Steve Jobs' design requirements. Actually, it was the only one.

    3. Re:Perfect phone was done decades ago. by corsec67 · · Score: 1

      Yeah, but why would Steve Jobs want to make Steve Balmer's perfect phone?

      --
      If I have nothing to hide, don't search me
    4. Re:Perfect phone was done decades ago. by Alioth · · Score: 1

      Roll your own phone. Sparkfun Electronics sell all the bits you need to make your own GSM phone. They also sell accelerometers and gyros on a chip - integrate them, write the code for the microcontroller - and you're done!

  52. Re:What is "perfect"? Who defines "perfect"? by Cadallin · · Score: 1

    True, but that's still a problem with ultraportables. Below a certain size, keyboards start to become unusable. Voice recognition is slow, as is handwriting recognition. One answer I can think of is the use of laser projection to project keyboards on any random flat surface, that also scans to allow typing. These do exist, they sell them at thinkgeek.

  53. ummmm what happened to LICENSING it? by CPE1704TKS · · Score: 1

    You know, just because something is patented doesn't mean you aren't allowed to use it. If you can't work around a patent, you can always license it. Most patent-owners will not impose ridiculous terms since it means the patent won't generate money. So you can probably license the technology and use it to create your so-called "perfect" invention.

  54. That is absurd by p3d0 · · Score: 1

    Patents would become meaningless in your system.

    Do you have any references to back up your claim?

    --
    Patrick Doyle
    I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
  55. Re:Incorrect by Intron · · Score: 1

    errm... microwaves?

    --
    Intron: the portion of DNA which expresses nothing useful.
  56. Re:What is "perfect"? Who defines "perfect"? by Greyfox · · Score: 1
    Only if I can stab someone in the face with it at some point.

    The flip out keyboard on the Nokia E70 works pretty well for me. So does the built in wifi and sip client -- When I'm at home the phone is a handset on my asterisk phone system. Calls made out go out over the landline (T-Mobile reception at my house sucks.) When I'm not at home calls go out over cellular. That has the added benefit that my phone system "knows" when I'm not home since there are no extensions to ring when I'm not there. I'm not sure even the iPhone will be capable of that little trick. It seems to have all the hardware to make it happen but I'd be surprised if AT&T would stand for that.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  57. Re:Incorrect by asland · · Score: 1

    How about a fuzzy-logic temperature controller and circulation system for the water bath? Off to the patent office...

  58. Perfect phone without a keyboard?? by randyflood · · Score: 1

    I don't think you can have a "perfect phone" that doesn't have a keyboard at least as good as the Sidekick.

    A "perfect phone" should take into account that text messaging and IMing are at least as important if not more so than actual audio calls.

    --
    Randy.Flood@RHCE2B.COM
    1. Re:Perfect phone without a keyboard?? by L.+VeGas · · Score: 1

      A "perfect phone" for 15 year olds should take into account that text messaging and IMing are at least as important if not more so than actual audio calls.

      Fixed that for you.

    2. Re:Perfect phone without a keyboard?? by Sancho · · Score: 1

      I'm in IT. My co-workers and I use SMS far more than voice calls. For things that don't require immediate attention, it lets you multitask better if you don't have to respond to the last statement immediately.

    3. Re:Perfect phone without a keyboard?? by icebrain · · Score: 1

      US phone companies make text messaging far too costly. Each message is usually 10 cents, each way (sending OR receiving), or you can pay $10 for an unlimited plan. And what's worse, they're getting MORE expensive, not less. You would think that the price would be going down, and that such things would be far cheaper than the actual voice calls (each message probably uses what, 1k at the most?) in terms of load on the network.

      But, as others have pointed out, they're milking the market of younger teenagers whose parents pay the phone bills. SMS is the goose that lays gold, silver, and platinum eggs for the phone companies.

      --
      The meek may inherit the earth, but the strong shall take the stars.
    4. Re:Perfect phone without a keyboard?? by mpe · · Score: 1

      A "perfect phone" should take into account that text messaging and IMing are at least as important if not more so than actual audio calls.

      For some users. There are plenty of people for whom the primary function is that of a telephone. They might want features such as background noise supression, being able to change the volume and switch between calls without having to take the phone from their ear, etc.

  59. Re:Incorrect by BalanceOfJudgement · · Score: 4, Insightful

    All of that sounds great for lawyers, corporations, and patent holders, but it sounds horrible for consumers. I thought the purpose of patents was to foster innovation for the benefit of the society - if so many great inventions get trapped inside patent hell, exactly how does that benefit anyone?

    Sounds more to me like a bunch of individual monopolies each trying to force their competitors either out of business or to their knees, resulting in a slew of competing products that do nothing but frustrate consumers due to their lack of interoperability.

    How many picture card formats do we have now? 15 major ones? Is that REALLY necessary? There's something to be said for innovation and competition, sure, but there's a reason we invent standards.

    --

    We are the fire that lights our world.. and we are the fire that consumes it.
  60. yes, but patent licensing would allow it by 192939495969798999 · · Score: 1

    if you require patent X to make the "perfect" product, it would be worth licensing that patent. It's the same thing with any product, if it's worth the licensing fee, then it will come to pass. If not, then it probably would not be that "perfect" of a product after all, or else the business forecasts for sales would capture that value and require that patent purchase/license. Henry Ford licensed the freaking engine from some guy for the original Ford cars... a patent on the internal combustion engine causes issues... he basically waited until the patent expired and then could slash prices, but the car was so popular it really didn't matter.

    --
    stuff |
  61. perfection isn't the point by prgrmr · · Score: 1

    Do you think patents are stopping companies from creating 'perfect' devices, or are there other factors at work?

    Of course there are. Companies are (if they are any good) motived to make the most money with the least effort. The 80-20 Rule speaks directly to this motivation. The "perfect" product is almost in direct opposition to it.

  62. Not Really - why develope when you can copy? by olddotter · · Score: 1

    "They would be less likely to invest the time and effort to develop innovations if they knew their competitor would just immediately copy it." I think could eaily be rewritten to
    "They would be less likely to invest the time and effort to develop innovations when they could just copy them from their competitors."

    Companies are lazy and risk adverse.

  63. Re:Incorrect by gstoddart · · Score: 1

    errm... microwaves?

    bzzzzt .... "without partially cooking it" was a constraint.

    Microwaves will absolutely start cooking your food. If you wanted to end up with thawed, raw meat, which wasn't altered any more than the freezing process had already done, a microwave would NOT meet that criterion.

    Cheers
    --
    Lost at C:>. Found at C.
  64. Re:What is "perfect"? Who defines "perfect"? by maestroX · · Score: 1

    I use my phone more often for email than actually using it as a phone
    You need a phemail.

    I stopped reading as soon as I saw Motorola and usability in one sentence. Simple things like pressing 'call' and redirecting anywhere but to your addressbook is simply annoying.

    javascript, camera's, dildo's, games, outlook, powerpoint etc. I don't care about. I need a phone. Long batterylife, ease of use.

    A standardized battery and simple usb connection without a crappy Nokia app or bluetooth behemoth, those are high on my wishlist.

  65. Mandatory licensing by athloi · · Score: 1

    Ownership can limit what knowledge or technologies you put into a potential product, so of course it is limiting. While not all of us may agree on the "perfect" product, we all agree that "more perfect" products exist, which is why we pick one (Linux) over another (-1 Troll).

    Mandatory licensing, although it sounds fascist, could be a good idea. If you own a technology that others can use, you could be forced to license it at a fair market rate so as not to restrict innovation. Innovation benefits everyone in society after all, or at least that's what I keep telling my psychologist.

  66. yes by genner · · Score: 1

    Do you think patents are stopping companies from creating 'perfect' devices
    Yes...thread over.

    1. Re:yes by funwithBSD · · Score: 1

      You thread Nazi!

      There... now it is flogged too.

      --
      Never answer an anonymous letter. - Yogi Berra
  67. EPA is stops"perfect" energy, FDA "perfect" cigs by Anonymous Coward · · Score: 0

    Must be nice to live in the pie-in-the-sky world of perfection, where nothing stands in your way. Liberalism is a mental disorder.

  68. Re:What is "perfect"? Who defines "perfect"? by WarwickRyan · · Score: 1

    Yeah, the keyboards do suck on small devices. I've tried loads of things - Palm III, Zodiac II, HTC Pocket PC (the iPaq style device) but honestly nothing beats task-specific devices.

    It's really only battery life and charging capabilities which let mobile tech down now..

  69. Define perection by p4rri11iz3r · · Score: 0

    I have a question about this so-called "perfect phone" Does it cure cancer? AIDS? End world hunger? Effectively put an end to all wars? Provide a sustainable power source? (There must be someway to harness the raw power of teenage girl gab...) If not, then it is clearly not a "perfect" phone. For me, the "perfect phone" will have all of these, and probably some I'm forgetting right now.

    --
    "Now I'm seriously serious!" - Serious Sam
  70. Answer: Of course by manowar821 · · Score: 1

    The idea is to have an edge over your competitors... How exactly could that be possible if it didn't prevent companies from releasing "perfect products"?

    --
    Internet: Serious Business
  71. Re:What is "perfect"? Who defines "perfect"? by An+ominous+Cow+art · · Score: 1

    Only if I can stab someone in the face with it at some point. Heh, we could call it a 'flip-out phone'.
  72. Re:Incorrect by DeepHurtn! · · Score: 2, Informative

    Ideally. However, it seems like various US courts since the 80s or so have severely weakened the obviousness and enablement portions of the patent-granting procedures. Without enablement, for example, you are basically patenting features. Have a look at all the business method patents being granted and tell me that those are patenting specific implementations, rather than concepts. Things are even worse with patent lawyers being trained to write the patents so as to abuse the system by being as vague as possible.

  73. A good example by Trailer+Trash · · Score: 1

    I would love to create a new "self-checkout" system like the ones that I see at Kroger and Publix. I think the ones out there right now suck. The only reason that I don't is that I know it would be a patent nightmare, and I doubt any of the patents are for stuff that is "inobvious". But I don't have time or money to fight it in court for years.

    We have to admit at some point that patents very very rarely actually perform the intended use, which is to spur innovation. Instead, companies are using goofy patents on obvious stuff to stifle competition, particularly from smaller upstarts. It's like opposite day. But it never ends.

  74. This is way OT but... by why-is-it · · Score: 1

    I seriously doubt there's a faster way to thaw your meat (without partially cooking it, or altering it) than to immerse it into cold water. Good luck on patenting that one. :-P

    According to an episode of Good Eats I saw (Season 3, "What's up, Duck?") it was demonstrated that a slow trickle of cold water was the fasted method of thawing something frozen.

    --
    *** Where are we going? And what's with this handbasket?
    1. Re:This is way OT but... by gstoddart · · Score: 1

      According to an episode of Good Eats I saw (Season 3, "What's up, Duck?") it was demonstrated that a slow trickle of cold water was the fasted method of thawing something frozen.

      Probably a fair remark. It takes the thing with cold water and gives it some circulation which probably carries away the heat better.

      I stand corrected. I'd still like to see you patent "thawing meat under a running tap though". ;-P

      Cheers
      --
      Lost at C:>. Found at C.
  75. that's what patent lawyers are for, turn 'em loose by swschrad · · Score: 1

    get licenses and build the darn thing. the lawyers will be able to find out the terms and refer them to the business side guys. they will add up what the licenses cost and see if the product can make any money. if not, it won't happen.

    if it can, then they'll have the engineers do further development and probably also try to whittle the licensing fees down some.

    if it gets ugly... well, you know the Stages Of Rejection. a project can die at any stage for any sensible or nonsensical reason.

    it gets better if your guys have a few patents or patents pending on this device. then you can ratchet the fees down a bit by cross-licensing your patents to the other guys.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  76. Stupid question by Anonymous Coward · · Score: 0

    Humans stop companies from creating perfect products pure and simple. And plus no matter how good a product is there is always going to be someone who bitches about it, because if there's one thing I've learned on /. it's that people love to bitch.

  77. Re:Mod Parrot Redundant by Anonymous Coward · · Score: 0

    Squawk, squawk! Hello! Squawk! I submitted the same thing! Squawk! Hello! Squawk!

  78. Re:Incorrect by Intron · · Score: 1

    Ummm... perhaps you are one of those folks who incorrectly believes that microwaves "cook food from the inside out" or some such nonsense. Microwaves heat molecules, period, and don't penetrate very far through food. If you want to thaw food, turn it off before it starts to cook. Mine calculates the time for this fairly accurately based on the weight.

    --
    Intron: the portion of DNA which expresses nothing useful.
  79. Re:What is "perfect"? Who defines "perfect"? by Vancorps · · Score: 1

    I've been looking at deploying a similar setup here except with the Televantage PBX software instead of Asterisk. Is that a feature of the phone or a feature of your PBX or some combination of both?

  80. the reason for patents by DragonTHC · · Score: 1

    patents protect revenue.

    --
    They're using their grammar skills there.
  81. Forgot budget.... by elhedran · · Score: 1

    Two batteries? 5 megapixel camera? oled + ClearVision display? After reading through the 'perfect phone' I started wondering how much cash the perfect customer has.

    Of course I'll also repeat what many other people have said. There is no perfect phone - especially once you take price into account. For instance, if all you do is make calls and you have poor eyesight, the F3 is great, the N95 terrible and over priced. Although if you want GPS, play movies, wifi etc, the F3 won't suite at all.

    There are a few different markets in the phone segment, a perfect phone has to cater for them individually.

    Budget buyers, Technophiles, music lovers, business users, rugged use, and some I probably didn't think of in the few seconds I devoted to the task.

    Sometimes there is some overlap. But the variety of markets is why each manufacturer makes multiple phones.

    Now my perfect phone would be a clamshell, ClearVision/e-ink outside display, hi-res lcd inside display, microSD card, bluetooth. I'm biased on the software so I'll skip describing that.

  82. Re:What is "perfect"? Who defines "perfect"? by LWATCDR · · Score: 1

    Oh there are some other things that are interesting...
    Why two batteries? Why not one bigger one. I know so that you can not run down the main battery by listening to music but that is just silly.
    One big battery would have more capacity than two smaller batteries and would allow the user to trade media time for talk time. If you want to be cute then just turn off the media system if you have less than two hours of talk time.
    A five mega pixel camera is also cute but it only points one way. You can not use this phone as a video phone like some because you can not swivel the camera towards you.
    So it is perfect for him phone.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  83. He is technically correct... by paladinwannabe2 · · Score: 4, Informative

    But his conclusions are entirely wrong. Patents give you the right to keep others from using your invention, but they don't give you the right to use it. Thus, when you take someone else's patent and improve it, you can patent the improvement, but you still can't make the device without the permission of the original patent holder. Likewise, the original patent holder can't make use of your improvement without your permission.

    --
    You are reading a copy of my copyrighted post.
  84. Worked so far... by nick_davison · · Score: 3, Interesting

    I say that because the patent system, good, bad or otherwise, has been around long enough that if there was genuine smothering of genius going on, it would have been a major topic long since Except the world changes...

    Communication is now essentially instantaneous. Bob in New York patents a better belt buckle in 1850, Jim in San Francisco designs something similar. It'll be a minumum of a few months before someone who's seen one happens to see the other and he almost certainly won't care about whether it is or isn't patented and Bob isn't going to go to the expense of sending his lawyer across country for several months to find out. Even if there is a clash, the markets are so separate, it's not worth pursuing getting both sides in a single courtroom.

    The pace of invention has continued to dramatically increase. Modern machinery turned up with the industrial revolution. Electricity only became a common power source in the last century. Computers are 60 or so years old. Home computers are less than 30 years old and only common in the last 15. The internet has only really spread in the last 10. And, right now, 3D prototyping tools are becoming available for the first time. Combine those increases in the power of tools for realizing ideas with the increase in population and you're comparing a patent system designed for one level of patenting with one that's being asked to handle exponentially more.

    What can be patented has changed. The criteria of "That a reasonable person couldn't come up with on their own" sure as hell doesn't apply to One Click shopping (Wow, really, people would prefer less hassle? Rocket science!) nor does it apply to, Creative's "I have a large collection of music, I'd like to divide it up somehow, perhaps some kind of a folder analogy." which Apple got sued over for daring to copy from the desktop where it was common to MP3 players where somehow Creative were the only people who could ever think of it. Add in being able to patent everything from genes to ways of doing business and you've got a system that is in no way representative of the past.

    In the scheme of things, 25 years isn't that long to wait. In a world where computing of 10 years ago is utterly different to the computing of today, a 25 year patent means "a means for using a casette player to store data" would just be coming out of patent protection. So, yes, in terms of digital technology and gene research where 25 years is the entire lifetime of the field, it absolutely stifles things and makes a great case for those mediums to have a 10, or ideally 5 year patent term limit - enough to benefit from your invention, not enough to stifle the whole industry for as long as it's been around again.
  85. A logic to patents? by Vincman · · Score: 1

    I've not read the article, because I thought it might be to frustrating to read about something I can't have. But here's my opinion on the logic of patents.

    Innovation is an expensive process. If one company were to try an incorporate all the most innovative features into let's say a phone, it would be hella unaffordable as well. Case in point: the iPhone, though they certainly skimmed on features as well to save costs.

    Patents mean that companies can recuperate costs of development, and they also lose their validity after a number of years. As this happens, economies of scale kick in and eventually these innovative features become affordable and can be integrated into e.g. a phone in 2035. Naturally someone will respond that by that time, the feature will be useless, but maybe it won't, I don't know. I see a technology like the pinch in the iPhone, as something that may always be useful on a tiny screen (assuming we won't have phones implanted into our skulls, or similar).

    Anyway, this is just an opinion. I'm not arguing that all patents are right, but I do believe that there is some sense to having a patenting-system.

  86. What Perfect Devices? by TubeSteak · · Score: 1

    Perfect Devices are bad for business because it leaves no room for failure, improvements, and other features which companies rely on.

    I really don't think there's any such thing as a "Perfect Device".

    There is 'state of the art at the time it was built', but not "Perfect".

    Even if you think a 1980s bag phone is "Perfect"... 20 years later, we can put out the same power (or more) in a much smaller and/or lighter formfactor, with significantly longer standby and talk time.
    --
    [Fuck Beta]
    o0t!
  87. Re:Incorrect by Anonymous Coward · · Score: 0

    It's probably true that small companies would be hampered in creating a 'perfect product' (whatever that is) by fear of stepping on patents.  In the cell phone industry the big players ALL have patents and they do cross licensing -- they trade with eachother so they can use the patented solution without having to pay.  So a big company that has a few important patents of its own, and is in good standing with the other big players, could probably make just about whatever phone they want to.  At least that is my understandning after working in the industry for the last year.

  88. Just wait 22 years. by PDX · · Score: 1

    patience is a virtue

  89. Re:Incorrect by bzipitidoo · · Score: 3, Informative

    You mentioned FUD. A big problem is patent FUD. What matters is what people think. Chilling effects. Many people think patents might be violated even when not. Or they feel they're not in violation but don't want to get in long expensive court battles even if victory is certain. Or they know they will be in violation of patents that should never have been granted, and calculate that trying to get them invalidated isn't worth the expense or that going ahead and hoping they aren't sued is too risky. These problems are made worse by the government's attitude of "when in doubt, grant the patents and let the courts sort 'em out." The patent office rakes in more fees, the lawyers get richer, the justice system hires more people to handle the load, and the rest of us foot the bill for this very expensive system.

    As for examples, how about Apple's "Look and Feel" patents on the MacIntosh GUI? Microsoft was not allowed to use a trashcan icon. When they opted for a "recycle bin" they were nonetheless challenged again by Apple, weren't they? How about the hundreds of patents on the hundreds of tiny variations on arithmetic coding? While LZW and the GIF image format weren't too hard to work around, arithmetic coding was another matter. Only takes one of those hundreds of patent holders deciding to sue to make arithmetic coding not worth the trouble, not when Huffman is almost as good. The result is, no one will touch arithmetic coding even though the basic algorithm is free of patent protection. Instead, everyone uses Huffman coding. The primary difference between the long vanished "bzip" and "bzip2" is in bzip2, bzip's arithmetic coding was replaced with Huffman. People would not even use bzip because of that.

    Note that we're talking about the users who by rights should have nothing to fear from whatever alleged patent violations authors may have committed. Instead, the possibility that a court might pull the plug, as nearly happened to the Blackberry, is enough to scare off users. Then there's the stunt SCO pulled, trying to shake down Linux users for $699 each in licensing fees, lest they convince a court that they aren't blowing a bunch of smoke and do manage to get an insanely draconian and unenforceable injunction ordering everyone to stop using Linux. That anyone actually paid SCO is sad. That patent trolls might have such leverage is ridiculous. Dell customers don't have to worry should Dell be found in violation of some patent. Dell's PCs won't suddenly stop working. But somehow Linux users do have to worry, with MS claiming Linux is in violation? WTF?

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
  90. Excel worksheet as a database by Anonymous Coward · · Score: 1, Informative

    This immediately reminded me of how a patent disabled the ability to use Excel worksheets as if they were database tables. An update disabled it; it probably disguised itself as a security update, I'm not sure, but bottom line is, it installed itself and there was no way to undo it. Of course, I've switched to OpenOffice since then, so in a sense it's all in the past now, but at times like this I still feel like gutting the bastard who filed that patent.

  91. Lots of room for improvement by Whuffo · · Score: 1
    There's so much wrong with the current crop of cell phones that it shouldn't be hard for any manufacturer to make significant improvements - without infringing on anyone's patents.

    Look at the biggest seller of recent history - the Motorola Razr. Great job of miniaturization and clean physical design. But the software - what a joke. The menu structure is user hostile and many of the "features" are less than usable.

    Here's an example: the phone can be operated by voice command - push a button, speak the command and the phone does it. Sounds good, but the implementation is spotty at best. So you have a phone where you can say "camera" and have it launch the camera software - but there's no voice command to take a picture or to exit the camera software. Who thought that was a good idea?

    If you work your way through the menus to actually take a picture, you'll find that the picture quality is - let's be generous and call it "awful". Almost usable in direct sunlight; don't even bother indoors. Megapixels don't matter when the lens is no good.

    Anyway, Motorola has been implementing their menu driven cell phones in the same half baked way for many, many years. People keep complaining, but what really matters to Motorola is that they keep buying the phones. Good enough rules the day...

    Will the IPhone shake things up and inspire the other manufacturers to new levels of quality? One can only hope.

  92. Mobile-ITX by Delita · · Score: 1

    I just hope someone makes a phone using the Mobile-ITX motherboard VIA recently announced - and keeps it open to development.

    http://techreport.com/onearticle.x/12623

  93. Re:Incorrect by cyclopropene · · Score: 1

    Microwaves heat molecules, period, and don't penetrate very far through food. But the problem is that they don't heat all molecules equally. Liquid water absorbs considerably more microwave energy than ice crystals. So the portion of your chicken on the outside that melts first is now "blacker" to microwave energy than the still frozen part in the middle and will heat much faster.

    Modern microwave ovens do a pretty good job of cycling the power on and off during a defrost cycle to allow equilibration of heat from the melted spots to the frozen spots (and thus melting them). But don't try to defrost at full power (which some people probably do..;).
    --
    Shouldn't you be doing something useful?
  94. Re:Incorrect by jhjessup · · Score: 1

    You've got an interesting point. It does seem to benefit the corporate entities more because, well, they use the system.

    The point the author was making was that the existence of patents on the components of his "dream phone" would prevent it from ever being built, and arguing tangentially against patents in the process. Patents might hinder the building of the device, not because of patent issues, but because of licensing issues.

    The patent system is a trade-off. The patent holder gets exclusive rights to his device in exchange for full and complete specs being made part of the public record. After the patent expire (20 years), the public has a full and unencumbered invention. The kicker is the intervening 20 years while the patent holder sues everybody else for infringing on his patent - which frequently shouldn't have been granted in the first place.

    The memory card issue is moot - should we all be PCMCIA flash cards because it was the mandated standard? I prefer a freer market. There are memory card standards which any manufacturer is free to use, and the consumer can select which card he wants in which product. CF? we got it. SD? Check. Mini-SD? yep, and an adaptor. Micro-SD? Yep, and an adaptor. XD? Can do! We've even got an adaptor!

    All that aside, how is a slew of competing products bad for the consumer? If they're not sharp enough to understand interoperability of memory cards, well, they'll learn. It's better than being able to choose any camera you like, so long as it's a Fuji Finepix.

    Side note- I recently got a CF-to-IDE44 adaptor so I could replace the hard drive in an old laptop with a CF card - then my brother got an SD-to-CF adapter so he could SD cards in his camera, then we realized that we could put a MicroSD card in a Micro-to-Mini SD adapter, in a MiniSD-to-SD adapter, in a SD-to-CF adapter, in a CF-to-IDE44 adapter, in an external 2.5" hdd usb enclosure. It was pretty wacky.

  95. Cross-Licensing Agreements by cfulmer · · Score: 1

    The core technology in cell phones is usually shared among the manufacturers through cross-licensing agreements. Basically, these say "if you let me use your patents, I'll let you use mine," then the company with fewer pays a big chunk of change to the party with more.

    It's a weird system -- basically, the two companies spend a ton of money trying to get ahead of each other so they'll be the one receiving the money, not vice-versa. In the end, neither company gets very much, but small companies without a large patent portfolio are kept out.

  96. The point of OSS ? by Yvanhoe · · Score: 1, Offtopic

    I think this was one of the main points of Richard Stallman when he wrote the GPL. That copyrights and closed licensing prevent innovation. I know that the problem with hardware is quite different but I think the same rationale applies.

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    1. Re:The point of OSS ? by 10101001+10101001 · · Score: 1

      Just to add to this comment with a pretty concrete example: Jump Super Stars. Thanks to the fact that one can copyright characters, combined with the fact that the rights to most of the characters in Jump Super Star are owned in the US by different companies, there's basically no chance of there being a legal port created for the US (it's similar reasoning behind why Linux will never be relicensed under the GPL3). While it might not be exceedingly difficult for two entities to work out the artificial barriers of intellectual property, once you have several entities involved, at least one of the players will feel like their component is crucial and be unwilling to forfeit rights without getting in exchange most of the profits. With two players who are like that...well, the situation tends to degenerate. Of course, the same holds true with any naturally restricted resource; it just doesn't seem logical to have a government make such problems worse.

      --
      Eurohacker European paranoia, gun rights, and h
  97. MRI: Cross-licensing makes better products by RealGene · · Score: 1

    Magnetic Resonance Imaging for health care is a great example of cross-licensing.
    None of the major manufacturers (GE, Siemens, Phillips, Toshiba, Hitachi) would have
    viable products in today's market without extensively cross-licensing each other's IP.
    --Gene

    --
    Mission: To provide products that consume time and energy as entertainingly as permitted by the laws of thermodynamics.
  98. Easy by Bjarke+Roune · · Score: 1

    Yes.

  99. Re:What is "perfect"? Who defines "perfect"? by Anonymous Coward · · Score: 0

    perfect = good enough for me

  100. Re:Incorrect by bfields · · Score: 1

    features are not patented. The way to build them are. You just have to do it differently.

    Do you consider "able to play or record mp3's" a "feature"? There certainly are patent-holders that claim you can't encode or decode an mp3 without their permission....

  101. Sorry to claim the obvious by rhizome · · Score: 2, Interesting

    But isn't this what the patent system is designed to do, to slow down adoption and reuse?

    --
    When I was a kid, we only had one Darth.
    1. Re:Sorry to claim the obvious by Heir+Of+The+Mess · · Score: 1

      Well to argue counter to that you would have to list all the things that wouldn't exist if it wasn't for the patent system. Here's my list off the top of my head: 1) The little border around ActiveX controls in IE that indicates you have to click them for them to work 2) ?

      --
      Australian running a company that does C# / C++ / Java / SQL / Python / Mathematica
  102. Um, license the patents maybe? by oistrakh · · Score: 1

    Big companies don't usually patent something to prevent others from doing it, but rather so that they can license the technology and make money off of it. So if there are ten technologies you want to put into a phone, and ten companies control the patents to those technologies, you simply have to license that technology. That's the way capitalism works. The phone might be crazy expensive because of those licenses, but that's a different issue. The phone can get built.

  103. Re:Incorrect by gstoddart · · Score: 1

    Ummm... perhaps you are one of those folks who incorrectly believes that microwaves "cook food from the inside out" or some such nonsense.

    Not at all, I understand how a microwave works. Thanks for assuming I'm an idiot and that you can discount my argument so easily though. :-P

    Microwaves heat molecules, period, and don't penetrate very far through food.

    Microwaves excite molecules, and when they collide with one another, and generate heat. And, 'heating' molecules leads to partial cooking of the food. You really can't avoid some spots getting overheated while others are untouched. The fact that they don't penetrate very far means that the outside is going to be subjected to more microwaves, and therefore, will cook a little more than the rest of the meat.

    If you want to thaw food, turn it off before it starts to cook.

    You can't really 'know' that some parts aren't being partially cooked. Once you excite the molecules, some parts of your food will invariably get cooked a little bit. You don't have really good control over which parts get more energy into them, short of a decent average.

    Like I said, if you want to thaw food without any partial cooking taking place, soak it in cold water, or (has been pointed out), keep it under circulating/running cold water. If any of the meat gets warmed to much anything beyond room terperature, 'cooking' is going to happen.

    Your microwave may do a decent job of not totally buggering some cuts of meat, but it is NOT doing it in such a way as to be devoid of any small amount of incidental cooking. Good luck thawing a turkey in a microwave and not really overcooking parts of it.

    Cheers
    --
    Lost at C:>. Found at C.
  104. Re:What is "perfect"? Who defines "perfect"? by Greyfox · · Score: 1
    The Nokia E70 has built in wifi and a SIP client. If your PBX software supports SIP connections and you have a wireless router you should be able to connect your phone to the software. I haven't tried this from remote locations other than my home wlan though -- SIP is notoriously bad at dealing with NAT and connecting with it from a remote location would add a lot of extra complexity that I don't want to deal with.

    You don't have to go out over a landline either, at least not with Asterisk. You could do least cost routing with several different channels if that's your preference. For a while there I had my system set up to do DUNDI lookup and route that way first, then try an enum lookup for a pure data call with no other intervening sources. Then it'd check to see if the number was local and dial over the free landline if it was. If all that failed its default was to try my voip provider which was also "free" but had a soft cap at 1500 minutes a month. Then I realized that I never actually TALK to anyone and got rid of a lot of that stuff. Heh heh heh.

    If you're looking at doing a production system the E70 may or may not be stable enough to replace a hard-wired handset. Battery life is pretty reasonable but I do forget to recharge it every so often. It also didn't like to cooperate with my old Linksys router and was always disconnecting. That problem appears to have gone away with a firmware update for the phone and replacing the Linksys with a Cisco (That's also an impressive, if expensive piece of hardware.) I also found that having it audodetect which network to dial out over tended to be a bit flaky and so I have it prompt me to make an internet or voice call now. The E70 is also a pricey solution -- mine ran me a bit over $500. I got it unlocked from an importer -- I don't believe you can buy them in America yet although they are apparently FCC approved.

    Overall it's a pretty slick setup but there are still some awkward bits that need some polishing. If Apple's iPhone offers similar functionality it might have that polish, but I'm not going to go for it at least until I can get those questions answered. I'd be perfectly happy continuing to use this E70 until it dies (And so far it's shown no indications that it intends to.)

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  105. You are NOT technically correct... sorry by pbhj · · Score: 2, Interesting

    If _I_ "make the device without the permission of the original patent holder" then it's fine.

    Why? It's non-commercial "R&D" use. I (personally) can use the disclosure to create a device for "R&D" as long as it's not used commercially (which might include giving it away as that could cause commercial harm to the patent rights owner or licensee).

    This stands in most jurisdictions but the US non-commercial use allowed is very limited and R&D by businesses (which includes Universities in US patent law) is not allowed unless licensed by the patent holder.

    There's also the issue of territorial rights. I'm sure you can find somewhere in the world in which even WO patents aren't recognised (ie outside EPO, OAPI, ARIPO, US, etc.).

    IANAPA

    http://www.sciencemag.org/cgi/content/summary/299/ 5609/1018?siteid=sci&ijkey=kOiAnw9uhtbsM&keytype=r ef

    As with all instances of pedantry I'm sure there is an error (at least) in this post!

  106. A fun patent by jefu · · Score: 1
    For a nicely broad patent (it is not software or technology based) check out this "Psychological development system". Two claims. :

    1. A psychological development system comprising triangulation, categorization and interpretation.
    2. A psychological development system comprising evaluating at least three things in at least three ways in at least three levels that is repeated at least three times.

    Reading the whole thing opens up whole new notions of "what is patentable". Of course, how many people are going to want to do all 81 (3^4) combinations. But it does raise another question. If I had a system involving two things in two ways at two levels twice, would it be covered? How about 2*3*3*3?

  107. Re:What is "perfect"? Who defines "perfect"? by Vancorps · · Score: 1

    I was looking at implementing something similar with the Palm Treo 700wx which has wifi. My PBX supports SIP and there is a soft-phone client for Windows Mobile so it's a question of stitching it all-together. The location awareness is the part that gets me but I guess that is a question of call routing. If the station is registered on the network route through SIP, if not, then route cellular. Doesn't seem like it would require anything special on the phone necessarily.

    I wasn't sure if there was something special about the E70 that allowed that type of capability over any phone with wifi and API support. Might be a programming project, our phone system is super easy to integrate with.

  108. Yes. Tragedy of the Anticommons by Geof · · Score: 4, Informative

    This is a well known phenomenon, referred to as the Tragedy of the Anticommons. Yochai Benkler describes how multiple patent holders delayed the development of radio until the U.S. government intervened:

    By 1916, the ideal transmitter based on technology available at the time required licenses of patents held by Marconi, AT&T, General Electric (GE), and a few individuals. No licenses were in fact granted. The industry had reached stalemate. When the United States joined the war, however, the navy moved quickly to break the stalemate, effectively creating a compulsory cross-licensing scheme for war production . . .

  109. Re:What is "perfect"? Who defines "perfect"? by Greyfox · · Score: 1
    The SIP software in the E70 seems to be pretty well integrated. I had it set up to make Internet calls by default and only do cellular ones if the phone wasn't registered with a SIP server somewhere. That seemed a little flaky in the last firmware release and I haven't tried to re-enable it since my last firmware upgrade. They way it's currently set up I tell the phone to make an internet call or a cell call after I've dialed.

    The location awareness is a feature of me going out of range of wifi. Asterisk notices that the phone's sip client is no longer connected to the wifi and so it fails (There are no other extensions to ring unless I have a soft phone connected.) That causes a call to go straight to voice mail when I'm not home. If you have two phone lines (Or a phone line and voip) you could also have asterisk re-route calls to your house to your cellular number when you're away. Your PBX software can probably do that too.

    Rerouting to cellular is problematic unless you want your cellular voice mail box to be your main voice mail box. The iPhone voice mail looks significantly less crapulous than most voice mail systems so if it has all the other features that my E70 has (Notably the SIP connectivity) that might be a win over my current setup.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  110. Re:Incorrect by geekoid · · Score: 1

    If I come up with a different way to play them, then I don't have a [problem, do I?

    However, I think software and business method patents are outside the scope and intent of patents.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  111. What revents perfect technology by DynaSoar · · Score: 1

    is planned obsolesence, pure and simple. By the time the technology has been milked through as many "upgrades" and "improvements" as possible, an entirely different and obviously superior technology takes its place on the planned obsolescence ladder.

    You'll never see perfect, because then you won't want to buy the Next Best Thing like a good little consumerizing sheeple.

    --
    "I may be synthetic, but I'm not stupid." -- Bishop 341-B
  112. Re:Incorrect by geekoid · · Score: 1

    "When they opted for a "recycle bin" they were nonetheless challenged again by Apple, weren't they? "
    And that explains why MS can't use the trashcan icon...oh, wait. That actually proves MY point, thanks.

    "The primary difference between the long vanished "bzip" and "bzip2" is in bzip2, bzip's arithmetic coding was replaced with Huffman. People would not even use bzip because of that."

    So they found away to accomplish the same thing, and the patent holder could do nothing?
    Thanks again for proving my point.

    "Note that we're talking about the users who by rights should have nothing to fear from whatever alleged patent violations authors may have committed. "
    And a case where the user was successfully sued for this?

    A user is not responsible, and to try and hold them responsible would be laughable. Now, a company may try to make people think they are responsible. That's not really the patent systems issue, is it?

    "The patent office rakes in more fees,"
    The patent office is zero cost/no profit.

    People need to wizen up and not make assumption about what is patentable, patent violation, and the difference between an attorney opinion and reality.

    The fact that people don't do that is not the fault of the USPTO.

    Should software patents not be allow? certainly.
    Should business methods not be allow? certainly.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  113. Re:What is "perfect"? Who defines "perfect"? by Vancorps · · Score: 1

    I might have to try something like this for my own purposes as I can have a custom routing list for my extension here at work. The soft-phones for Windows Mobile give you the same options. The E70 seems like a nice little phone though. Inbound calls would be pretty easy though and I don't think it would really take too special of a phone to accomplish it. I could set my current office phone to out of office where it will automatically go to my cell but that requires manual intervention. Ultimately I'd want to do this for the execs so that type of solution wouldn't work for them. An automatic version would though since they all have Treos. Wireless ActiveSync is very nice.

  114. Drug industry does it all the time by r_jensen11 · · Score: 2, Insightful

    I believe Chris Rock said it best:

    Why the hell would drug companies want to find a cure for AIDS? There's no money for a cure. The real money's in the treatment!

  115. It's an old problem. by jc42 · · Score: 3, Informative
    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    1. Re:It's an old problem. by geekoid · · Score: 2, Informative

      But here are far more patents that have helped. Many times more. I know many people who have used the patent system to protect themselves, and rely on it to make a living while they innovate new stuff.

      There isn't much the Patent office can do about a petty son of a bitch.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:It's an old problem. by jc42 · · Score: 1

      There isn't much the Patent office can do about a petty son of a bitch.

      No, but there's plenty that Congress could do. For example, consider the similar problem that copyright causes for musical performances. The nastiness of the music companies is well-known, and isn't anything new. If every performer had to get a written license for performance of every copyrighted work, it would effectively rule out public performance of any but out-of-copyright music. But laws were passed long ago creating a "mechanical license", allowing a musician (or more often a venue) to pay a fixed annual license fee for the right to perform any such work. (Yes, the details are a bit more complex than that, but that's the basic idea.)

      If parliament had decreed similar mandatory licensing for the mechanical technology that was becoming so important, Watt could have just collected the automatic royalties, spent his time working on his inventing and manufacturing, and the industrial revolution would have happened several decades sooner.

      Congress could do something similar with software patents. They could set up a licensing agency to manage the patents, with a mandatory license at a standard fee for any use of a patent.

      Of course, this would end the fun of "submarine" patents, and patents that cover things that every programmer learned in Programming 101. Patents would have to be written so that the patent-licensing agency could tell a client whether a specific piece of code infringes any patent. This would open the door to all of us making use of the patents to advance the industry. This would be a disaster for the big guys like Microsoft and IBM, so it probably ain't gonna happen.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  116. That's what Patent Licensing does by billstewart · · Score: 1
    Somebody's already invented Feature Y, and let the world know about it by filing a patent that discloses it, claiming that it's new, useful, and not obvious. If Feature Y really was Not Obvious, then you either learned about it by seeing a product that had it, or by reading other disclosure material by the inventor, and if you want to implement it, then you must have decided that it was useful. If you want to use it, you can do so by licensing it from the inventor. Under some conditions in US law, licensing is mandatory, but in general it apparently isn't (IANAL).


    One fairly common event is that companies want standards committees to write "standards" that include their patented invention. Sometimes that's done blindly, but many standards committees have policies that say they'll only adopt a standard if the patent-holder will license the technology free, or under "reasonable and non-discriminatory" terms, i.e. cheap and available to everybody.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  117. Re:What is "perfect"? Who defines "perfect"? by Greyfox · · Score: 1

    I'd be interested to hear how it works for you and what hardware and software setup you use to do it. A bit over a year ago when I was trying to set this up it was extremely difficult to find a phone with all the features I was looking for -- Wifi, a sip client that I could connect to a provider of my choice and a reasonable keyboard for typing messages and notes. I looked at a lot of different hardware before settling on the E70 and wouldn't you know it, no one in the USA was selling one! I found an importer on the Internet but it was a lot more of a bother than most people would put up with. I guess smart phones are more popular now and I haven't checked the state of the market lately, but I'll have to look around again next time I want to upgrade.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  118. Re:Incorrect by Anonymous Coward · · Score: 0

    "able to play or record digital audio" is the feature, mp3 is an implementation of this feature. there are high quality unencumbered portable digital audio formats.

  119. Perfect Phone by Kugrian · · Score: 1

    Phone other phones at a decent rate.
    Send SMS.
    Address book.

    If I want a MP3 player, I'll buy one. If I want a camera, I'll buy one. If I want a PDA, I'll buy one.

    My perfect phone was created sometime in the late 90s.. just need to try and find one!

  120. Um... by AeroIllini · · Score: 1

    Ok, I admit it. I read the article.

    He talks about the dual screen, which is a neat idea and not one I had thought of before. However, he also talks about the small size of the phone, and gives example dimensions in the sketch which seem to show a screen of about 5.3 cm by 5.3 cm. The highest resolution OLED has ever achieved is 200dpi which would result in a resolution of 418x418, and it's more likely that the screen will be the much more common and standard 72dpi with a whopping resolution of 150x150. How exactly is a UI designer supposed to fit the ability to "navigate full-sized pages in desktop mode using an overview window and open tabs to navigate to other pages" in such a small number of pixels?

    I love the ideas that are going into this phone, but the engineering reality is that small screens suck for large applications like web browsing. Everyone wants a full QUERTY keyboard, but no one wants a big phone. Everyone wants a giant screen with a ridiculous resolution, but they want it to fit in their pocket, and they don't want any moving parts.

    The best compromise might be a pair of Bluetooth eyeglasses that project a virtual screen in front of the user, with the controls on the phone, that can be used for tasks that are more demanding of real estate, like web browsing, reading ebooks, editing documents, viewing pictures, or reading/sending email. A microphone and speaker could even be integrated so the glasses could be used for phone calls as well. With two virtual screens, 3D effects would be possible, and when combined with GPS and accelerometers, could even overlay a HUD on top of the real world. Imagine navigating on the sidewalks of NYC with arrows overlaid in front of your eyes, giving you directions, or walking around a cocktail party letting your facial recognition software (or even Bluetooth identities in other peoples' cell phones) apply a name from your contact list floating above a person's head, MMORPG-style.

    The era of squinting at a 150x150 screen to read your email may be coming to a middle.

    --
    For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
  121. Re:What is "perfect"? Who defines "perfect"? by kbahey · · Score: 1

    I have the same requirement: a keyboard!

    My phone sucks for typing SMS, and I am looking for a QWERTY phone. I am considering the Blackberry 8700 (no WiFi is the major drawback), and the HTC Wizard (aka Cingular 8125, running Windows CE is a drawback).

    Both have good keyboards for SMS and email.

  122. Camera? NO!!!!!! by Anonymous Coward · · Score: 0

    If they don't make it without a camera, I don't want it. A camera is an absolute deal-breaker for me, because if it has one, I can't use it at work. If people can't reach me at work on the thing, what good is it? Weekends, and that's it. Otherwise I'd just use my landline when I'm home in the evening.

  123. Yup; patents work like that. by Anonymous Coward · · Score: 0

    That's the way patents are supposed to work. I think the author finally figured that out, then started complaining about this "insightful, newly realized side effect" of patents. THEY WERE DESIGNED TO DO THIS. Patents are concessions, made by the people (via their representative government), to stimulate invention. They provide a bounty (the temporary monopoly), in full knowledge of the fact that the people have decided and thusly legislated (via their representative government) that monopolies are bad for society.

    The author should be complaining that this bounty (the patent system) is perverse because its effects are intended; not arguing that its effects are "unintended", perverse or otherwise.

  124. The obvious conclusion by rabiddeity · · Score: 2, Insightful

    The obvious conclusion is to not allow patenting of anything necessary to follow an industry standard. Tell someone applying for a patent that they can either patent it, or make it an industry standard, but not both. If it becomes an ITU, ISO, IEEE or other professional body standard, all patents necessary to implement that standard become invalid. Coincidentally, this would nix most software patents as well.

    1. Re:The obvious conclusion by astronouth7303 · · Score: 1

      Tell someone applying for a patent that they can either patent it, or make it an industry standard, but not both. If it becomes an ITU, ISO, IEEE or other professional body standard, all patents necessary to implement that standard become invalid.
      How many groups would op for a patent instead of a standard?
    2. Re:The obvious conclusion by Kadin2048 · · Score: 1

      Well, some people might decide not to get their format/communications-protocol/whatever made into a standard, and instead patent it and try to make it a de facto standard, but I think the last few years have shown that there is a benefit to open standards, and that given the opportunity, people like to implement them.

      So it would work something like this: there are two companies which have different technologies. Let's just say they're video-compression technologies, for the hell of it.

      One company, Foo Inc., decides that they're going to patent the hell out of theirs, and they're not going to give up those patents for anything. Their competitor, Bar Co., takes the other route -- they submit their technology to the IEEE (or whatever), knowing that to get it made a standard, they have to agree to let anyone use their patents for free. They do this, because even though anyone else will be able to compete with them in the long term, in the very short term, they'll have a big advantage -- they'll have a functioning implementation and a lot of experience, and thus a big leg up if they don't screw everything up.

      Foo's technology is a proprietary "standard" that they charge lots of money for, and which you as an implementor have to pay lots of money per-unit in order to use in your products. Bar's, on the other hand, is an open standard which you can buy from the standards body for a nominal charge, and implement at no charge. But if you don't want to actually engineer the implementation yourself, the actual makers of the specification will be happy to sell you a tested and working implementation -- without any vendor lock-in later. That's a pretty attractive proposition.

      In a situation like that (where the two companies basically enter at the same time), Foo's technology would never even have a chance against the royalty-free standard, they'd be crushed. (Assuming, of course, that they're not rabid monopolists who can arm-twist everyone into using it anyway.) And the free standard would have a tendency to snowball on itself, becoming more and more attractive as more people use it, causing more people to use it (a nice positive-feedback loop).

      Would a mandate like this, from the big standards organizations, probably discourage some big companies that are basically propped up by patent royalties from submitting standards? Probably. But there's a lot of technology that's currently becoming commoditized, and there are a lot of small firms around who would surely submit standards, just for the short leg-up that being the standard-creator would give them.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  125. Re:What is "perfect"? Who defines "perfect"? by Vancorps · · Score: 1

    We used Vertical's Televantage product utilizing Intel dialogic boards probably the same as your Asterisk setup. The only trick seems to be the SIP phone software but Windows Mobile based phones are extraordinarily easy to develop for. I'm definitely going to have to look into it to see if the software already exists. It will also depend on provider because of the one feature I hate about Windows Mobile, the provider can require the application be signed to be installed so that you have to go through your carrier to get the software.

    Cingular seems to be more friendly about this but Verizon is terrible. Of course with Cingular now you have to deal with ATT and that's rough too. Seems a shame all the phones that actually work seem to be outside the U.S.

    I don't like the size of the Treos but they do get the job done. Windows Mobile 6 phones will be a lot easier to work with in regards to SIP integration so it may be a case of stay tuned.

    We're an Exchange shop so ActiveSync is really a big deal. Right now front end box only has port 80 and 443 open. I've never felt comfortable going to pop3 but since I already have an SSL certificate maybe I could change that. Then I could use any type of phone and that would be nice. Smart phones have indeed come a long way. I'd say in the last year they actually became useful.

  126. Re:Incorrect by dgatwood · · Score: 1

    Yes, that's true. The big players also have no real incentive to innovate, as they are already big players. Innovation in technology is almost universally caused by an disruptive influence---a new company moving into the market that releases a product that utterly obliterates the competition.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  127. Re:What is "perfect"? Who defines "perfect"? by Grishnakh · · Score: 1

    A phone with a QWERTY keyboard is a far cry from "perfect", or even "good enough". It needs to have a Dvorak keyboard to be good enough for me.

  128. It's about us, not them by a-shock · · Score: 1

    It's not really about a bunch of phone manufacturers and patent holders wanting to build the perfect phone. Rather, it's about consumers actually wanting such a phone. If there was sufficient demand - or indication of it - from consumers, I'm sure some enterprising manufacturer (say HTC) would go out, license every single mobile technology and put it together in a product. I think it has something to do with humans being reasonably satisfied with close-to-perfection instead of perfection itself. But what do I know, I still have a Nokia phone that has a monochrome LCD!

  129. And when I say it... by Anonymous Coward · · Score: 0

    I'd just about given up on saying the same thing about patents. People always treat me like I'm stupid about IP. .....that's okay. I take comfort in the fact that my Slashdot comment verification image (the one that keeps robots from posting) is "pansies!"

  130. Software Patents by Anonymous Coward · · Score: 1, Insightful

    The problem with software patents is that most of them are awarded to fundamental building blocks or concepts, not to finished products, as they should be.
    To illustrate this, consider art or literature.
    Imagine where would fantacy authors be if somebody had patented Dwarves as a character type. This is much like patenting "One-Click" A patent on something so fundamental and obvious.
    Where would horror novels be if there was a patent on dark stormy nights?
    Where would art be if there was a patent on still-life or portraits' "look and feel"?
    Or the "look and feel" of a whodunnit novel?

    Consider what would happen to art if some artist patented a particular shade of blue.
    It was his creation, so why should he not patent it? Others would need his permission to use it.
    Major problem. What if somebody else, stumbled accross the same shade independantly?
    Likewise, patenting an algorithm should not be permitted. It is quite plausable that others could come up with the same solution to a problem, completely independantly.
    It is a building block, like a particular colour is to a painting.
    Likewise, no author can patent a phrase. Any other author can use the same phrase. It is only the finished product that is copywritable.

    In the same way, a finished software product, like a novel or a great masterpiece of art, is copywritable.
    Note, this is different from a patent.
    If somebody created the exact same thing, and tries to pass it off as the same thing, that's forgery, and copywrite infringement.
    However, if any Joe copies a great Picasso, and signs it Joe, and makes it clear it is not a Picasso, it's not forgery or an infringement of copywrite.
    We have many authors writing books about similar concepts, and many artists doing still-lifes and portraits.
    In the same way we have many authors and artists using the same phrases in their books, and shades of colours in their paintings. None of these are seen as patent infringement.

    Why should the shades and phrases of a software product be patentable?
    Why also is a broad software concept patentable?
    Copywrite the finished product, and dump the algorithm and "look and feel" patents and the world will be a better place for it.

    But then again, show me a large corporation, lawyer or accountant that wants to make the world a better place.

  131. It's not like they have a choice. by the_hoser · · Score: 1

    If they kept making the good ol' phones, no one would have any reason to buy a new phone (other than the occasional washing machine incident).

    Manufacturers make new versions of new products to resell customers on something they already have. The only way you can usually convince someone to re-buy your product is to provide an "improved" model.

    As consumers we are very much used to the idea of the "upgrade." From computers and cars to televisions and video game systems, we can't seem to be able to just buy one and stick to it. It's not our fault though, the industry set it up that way.

    If electronics manufacturer made a product that would last 50 years, have a modular extension system that guaranteed compatibility with all upcoming products for that timespan, and could be done at a marketable price (see: not cheap), they would have a big boom of business, then die. There would be no reason for people to purchase products from them anymore, and they would go out of business.

    It's not just bad for the manufacturer either. It's terrible for the consumer as well. If said 50-year product's manufacturer wasn't around to produce modules that would extend its compatibility, then who is going to make the modules? Third parties could probably fill the gap, but there would be no guarantee that their modules would live up to the quality that the original manufacturer intended.

    And there's the fact that those third parties probably contributed to the demise of the companies anyway. It's what happened to printer manufacturers... HP hasn't made a good InkJet in 5 years. They stopped bothering when people started buying ink from other companies.

  132. Gimp vs Photoshop by chiasmus1 · · Score: 1

    Photoshop is covered by a nice pile of patents. Everytime you start up, you see the list of patents. Gimp on the other hand, tries hard to compete, without violating any of the patents. There are many features that are not included in Gimp because they are covered by patents. An example of a recent feature that was added to Gimp was the GIF support. I am pretty sure that Gimp would do a lot better competing against Photoshop if it were allowed to use all of the patented ideas.

  133. Re:What is "perfect"? Who defines "perfect"? by Idbar · · Score: 1

    I couldn't agree more. The perfect phone depends on personal needs and that's a complicated thing to accomplish... get all the personal needs together.

    In fact, for me the cellphone as it is right now, doesn't have the right approach. You have a phone with a bluetooth headset. The future phone (at least in my dreams) will be a headset in your ear and you'll have your input devices (keyboards, small key pads) and output devices (screens, your sun glasses) connected to any wireless technology (yes, not necessarily bluetooth).

    So if someone thinks that the phone should be thin so it will fit on your pocket, I think it shouldn't go in your pocket. And the versatility of exchangeable input/output devices can fit more people than just this guy's dream (i.e. your qwerty keyboard).

  134. this is where patents get really foul by r00t · · Score: 1

    You patent something.

    Another guy then patents every damn possible use of your patented invention.

    You're screwed. You can't use your own invention without working out some deal with the parisite.

    1. Re:this is where patents get really foul by enjerth · · Score: 1

      It doesn't quite work that way.

      You don't patent "a blue thing", you patent "a blue thing that does x-y-z". If your "blue thing" also does "a-b-c" without alteration, it does not constitute a novelty and cannot be patented by someone else (or at least, it shouldn't be approved). Even if "a-b-c" were unintended, it would STILL be prior art made by the manufacturer of "a blue thing".

      However, if you made an alteration to "a blue thing" that made it perform "a-b-c" when it couldn't do that before, THEN you could file a patent for that.

  135. Re:Incorrect by pipingguy · · Score: 1

    Innovators usually want to forge ahead because they like innovating, damn the torpedoes.

    The non-innovators who stand to financially benefit from the innovation need time to figure out who's going to get what out of it.

  136. Re:Incorrect by ZorbaTHut · · Score: 1

    So they found away to accomplish the same thing, and the patent holder could do nothing?
    Thanks again for proving my point.


    Approximately the same thing. Huffman encoding can be described as a special case of arithmetic encoding. However, unless you're in very special circumstances, arithmetic encoding gives better compression. Maybe not enormously better compression, but still better.

    It's the "same thing" if you mean "it compresses data". It's a very different thing if you start paying attention to how much it compresses data. Consider how many megabytes may have been wasted through inferior algorithms, and consider how much that costs.

    Switching to arithmetic encoding would be a very simple change that would have compression benefits across all sorts of fields. If the patents went away, we could do that. The only "workaround" is to use a less efficient algorithm.

    --
    Breaking Into the Industry - A development log about starting a game studio.
  137. Re:What is "perfect"? Who defines "perfect"? by tknd · · Score: 2, Funny

    Qwerty is all you need? You make it too easy. My perfect phone would:

    • Be so tiny I didn't have to carry it around. They'd just attach it to my forehead or something.
    • When I needed to check my voicemail, the thing would fricken start playing the first message, not go off about how I've got 5 messages in archive that I should delete.
    • Would never need to be recharged because it would run off of my awesomness.
    • It would automatically get girl's phone numbers for me just by being in the general vicinity of a "hot" girl.
    • And when I dialed the number it would do something to my voice and instantly get the girl to fall madly in love with me.
    • And when I was, you know, all excited, it would make giant sparks fly out of my ass.
    • But for when I was in deep shit, it would shoot out lasers from my forehead!
    • For any telemarketer call it receives, it would grab the telemarketer's ceo and punch him in the face.
    • Whenever I called some support service about my phone bill, or some other service I need, the phone would automatically bypass the BS automated menu system and put me through to a live human.
    • Of course the live human support person would actually turn out to be a hot girl in her mid twenties and have a sweet/sexy voice.
    • The storage capacity would make google mail cry: I'd be able to store an unlimited number of mp3s, ringtones, pictures, and videos on my phone.
    • I could download the entire internet without any reception therefore avoiding BS data service premiums.
    • But because the phone would always have reception (even when it was off or a billion light years away from earth), it would come with internet pre-downloaded.
    • I'd own soviet russia on my phone.
    • It would shoot lasers at all the insenstive clods that disagree with me on slashdot and other geek websites.
    • And I wouldn't need a beowulf cluster because it'd already have the answer to any question before I even ask it.
    • It would be called "Overlord 1.0"
    • It would erase the number "2.0" from all numbering systems, vocabularies, and writing systems as well as all other stupid buzzwords terms and phrases.
  138. ROI does by Anonymous Coward · · Score: 0

    The look for quick ROI ruins beautiful software architectures. Companies must now
    use a lot of consulting to keep up to date with current trends and not waste their own
    development effort...

    Together Everyone Achieves More!

  139. Re:Yes. Tragedy of the Anticommons by salec · · Score: 2, Interesting

    When I read the topic, it was exactly what I thought government should do - step in to give it a push forward. Well, not exactly force cross-licensing, but to cover royalties for a very useful or obstacle patent for everyone who needs it for further progress, if it is essentially important for everybody: i.e. patents that are needed to make environment-friendly mass produced products. I mean, there is similar reason behind that as it is behind spending for national defense or fundamental scientific research: common money for common good. Oh, another thing is: holding a patent without using it or licensing it to others who use it, should greatly shorten the protection period to prevent "anti-patents" (when you patent something for the sole purpose of forbidding anyone from making it).

  140. Re:Incorrect by Anonymous Coward · · Score: 0

    > The patent system is a trade-off. The patent holder gets exclusive rights to his device in exchange for full and complete specs being made part of the public record.

    The economics of the patent system for the patent holder are as follows:

    The benefit is a monopoly on what is written on the patent.

    The cost is giving away information on how to build what is written on the patent.

    The best patent for a patent holder is one that maximizes the benefit and minimizes the cost. That is, a patent that's completely useless to others and grants the patent holder a monopoly on everything.

    To avoid this situation, the patent office has patent investigators. A good patent investigator only grants patents that provide all the information necessary to duplicate the patented device and grants a monopoly only novel and non-obvious devices -- i.e. maximizes the cost to the patent holder and minimizes their benefit. The worse a patent investigator, the better deal they give to the patentees, at the expense of everyone else.

    There is a limited amount of good patent investigators in any population. A patent investigator can handle a fixed amount of patents in a given time. Once the demand for patents exceeds the amount of patents the good patent investigators can handle, the overflow will be handled by worse patent investigators. Patent applicants benefit from having their patents investigated by bad patent investigators. Patent applicants gain from flooding the patent system.

    Patents can't work.

  141. Re:What is "perfect"? Who defines "perfect"? by Greyfox · · Score: 1

    You might want to look into whatever linphone's using. I think it's just called "libsip". I looked at it a while back and it was pretty easy to write for. You could probably take linphone or some other sip client directly. For linphone I think you'd need a GTK port which isn't too hard. That would at least give you a starting point if there's nothing better out there.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  142. Nothing new: see Bell .vs. Edison by Richard+Kirk · · Score: 1

    Even old-style phones had patent issues. To make a phone you had to have a good speaker, and a good microphone. The Bell system used a moving coil microphone. They couldn't use the carbon microphone, which was more compact and did not require amplification (see http://en.wikipedia.org/wiki/Carbon_microphone) because it had been patented separately by Edison and Berliner. Edison wanted to have his own telephone, but his own speaker (involving chalk soaked in electrolyte, and an electric motor) was so outlandish that it never went commercial.

    Somehow, they must have got over the deadlock, as carbon microphones were standard when I was young. You may still see people banging the handset to stop crackling - this could re-pack the carbon granules in the microphone, but doesn't do anything these days.

    1. Re:Nothing new: see Bell .vs. Edison by RevDobbs · · Score: 1

      You may still see people banging the handset to stop crackling - this could re-pack the carbon granules in the microphone

      "re-pack the carbon granules"... hey, I like that. I'll try that line on my boss the next time I put a handset through my desk.

      Thanks!

  143. Re:What is "perfect"? Who defines "perfect"? by Vancorps · · Score: 1

    Thanks, I'll check it out

  144. purposely violate IP by Anonymous Coward · · Score: 0

    It is possible (but not probable) to produce this phone despite the issues with most of the features being copyrighted and/or patented by various companies. One would simply produce the phone with detailed documentation on how much money is saved/earned by using the proprietary technology. When the IP holders complain simply settle out of court for the amount you have recorded on the books. The problem occurs when the IP holders want more than the value of their technology and get tied up in litigation that runs up the expenses. In a perfect world this is how the system would work.

    In the customer's view such a company would look favorable for producing a superior product. Much like Wilkinson Sword did when it began selling stainless steel razorblades despite Gillette's patent on them.

    http://en.wikipedia.org/wiki/Safety_razor#Switch_t o_Stainless_Steel

  145. Of course! by TaleSpinner · · Score: 1

    This is why I look askance at the whole patent system - and why I suspect that we would, as a society, be better off without them.

    Truthfully, most of the coming technologies have been developed under hacker-style gift economies, then patents and copyrights commercialize them. Best example is movies. Once made they cost pennies to reproduce. Soon CGI will have progressed to digital actors, and digital sets. The day is not far off when one person could create a whole movie in their Copious Spare Time. If that person believes in FOSS, then the movie will cost nothing, it is "gifted" to the economy and in return consumers provide respect (or "whuffie" in Doctorow terms). Where do the costs come in? Licensing the source material, the music, the digital actors images, and so on and so forth. Eventually free music, source material, and digital actors will create a FOSS movie community, and MPAA will go crying to the government because nobody wants to pay them for their crap.

    Each such development pushes us toward a global gift economy, which is vigorously fought by entrenched business interests that sense the time has come for their elimination or replacement. This resistance is the one fault in capitalism: it creates forces that perpetuate it, and prevents (or tries to) any successor economic system. But I look at what is happening with FOSS, and I add it to cars designed in college courses, self-reproducing 3-d printers and fabricators to produce those free plans, and then toss in vertical farming (which produces both food and energy (despite the need to power the lighting system) and I see the eventual conversion of the world to a new paradigm. You would live by downloading free plans from the web and would build them with your 3d fabrication system. You would eat food grown in a spare room, you would have your own water use cycle - really the only thing left to produce that cannot be done for free is raw materials.

    Anyway, this day cannot come soon enough for me.

  146. Re:Not Really & more by usciiiiii · · Score: 1

    In reality, it is the corporate greed that IS HALTING the natural evolution of perfect products, and this is very-true, and not only for the evolution of phones and computers plus robots and well beyond the IT industry into the IIT industry (Intelligent Information Technologies); as the limitations of ascii and English itself, had STOP the CREATION of better or even perfect IT products, more then half a century after the creation of The Modern Computer, which also, is a direct result of major corporate investments and efforts with fears of being surpassed by the new advancements they do not own or can not develop or takeover. Like in my invention of USCIIIIII CODE to go beyond the limitations of ASCII, as the industry has been employing ascii to profit from the international consumers and corporate plus governments' markets, and this is why they still do and will continue to resist the needed change, indicated by the binary code basic logic which runs these new machines and as my computers had indicated with the proof I had in 1983 already - so for the IT industry to deliver the Computers and Robots we have been expecting for over 60 years to evolve and to serve us in the same natural ways we communicate with each-other and Globally, not by keyboards but by our personal voiceprints in wireless natural logic of the human-mind, linking it to the wizened electronic-brain, in a telemetry consisting of our universal way of verbal and written/documented communications and doing so in the thousands and not only few natural languages. The phone, is an honest machine as well as the computer, it will connect us to the proper person in the proper location, if we dial and connect with the proper number - and the phone lets us talk, sing and now also share videos and surf the web, send emails and do banking, plus a the list of capabilities which is still growing. But, have you noticed computers can not yet listen properly, can not talk properly, can not understand; and while I claim my invention will grant them the capabilities of singing and thinking plus praying, that may sound like a dream or a lie, while I have facts and truth plus demonstrations, and while I have almost 20 websites with bits of information and samples of my Universal Standard Code Intensively Interactive International Intelligent Information Interchange CODE, Bill Gates rather Ignore my proposal and keep ignorance by re-developing the same software to be sold in its new look and make last years good versions, out-of-date and absolute. So what is slowing the blessed progress? IT IS The Directors and Owners of established leaders who choose to be ignoring progress they can only envy and while continuing to profit by stopping the natural process of creating 'Perfect' Products, we can have now! - and like the phone, such old invention, which only now is free to be going beyond the corporate-resistance to let merging technologies reach the consumers' world. More simply put - and we all know why - as the usual argument is "IT was not invented here" and "WE do not own IT" and it is "Good Luck" to the inventor and investor who do deliver the new Brain-Child and the more 'Perfect' Product to the waiting world! I know, as I am the inventor of the EchoLogical Machine.

    --
    inventor@prepatent.org
  147. Patents Are Not The Problem by IPWatchdog · · Score: 1

    Patents are not the problem with respect to companies not being able to create "perfect" devices. I know that a lot of companies complain that they are not able to innovate because there are so many patents, but a patent has never stopped innovation. In fact, companies engage in cross-licensing patents all the time. If you have technology that I want and need, and I have technology that you want and need, then we simply agree to a trade. This happens all the time. The only time this doesn't happen freely is in markets that are not mature. In makets that are not mature there are companies how are trying to monopolize the industry. Eventually everyone figures out there is more money to be made in cross-licensing rather than in suing others. The reason that patents do not inhibit innovation is because if a company refuses to deal their technology then other interested companies have to figure out inventive ways to accomplish the same task in order to get what they want. In this work-around effort technology will move forward, sometimes at a very quick rate. This advance in technology is exactly what the patent system is intended to bring about. An argument could be made that technology advances fastest when there are powerful companies that refuse to deal and try and monopolize. This is one phenonmenon that could explain how small start-up companies are so frequently able to compete with industry giants. Start-up companies do not face nearly the trouble that the media portrays. With solid technology and IP rights they will eventually compete, or they will be bought out. Not a bad days work!

  148. Re:Incorrect by bzipitidoo · · Score: 1

    "Note that we're talking about the users who by rights should have nothing to fear from whatever alleged patent violations authors may have committed. "
    And a case where the user was successfully sued for this?

    Alright, I think you're being deliberately obtuse, but I'll bite. Of course users aren't in danger of being sued. What they are in danger of is becoming victims of collateral damage. All that need happen is the vendor gets sued and shut down. A phone is no good without service. Look what almost happened to RIM. All of RIM's customers were nearly screwed, their Blackberries nearly turned into expensive paperweights, their expensive service plans made worthless and possibly not even refundable, over something that had nothing to do with them. More recently, Verizon and the justice system nearly killed off Vonage with a lawsuit over a few patents. For a few days, the court had Vonage under orders not to sign up any new customers, and was considering shutting down Vonage entirely! Whatever Vonage's faults, Vonage's customers did nothing to deserve losing the service they'd paid for, or being left in doubt while the court made up its mind. Whenever sheep start straying from the fold, a weapon that neither Verizon nor anyone else should have is a scorched earth campaign against those greener pastures.

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"