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Alexander Graham Bell - Patent Thief?

DynaSoar writes "MSNBC is carrying an AP article reviewing a book, due out January 7, that claims to show definitive evidence that Bell stole the essential idea for telephony from Elisha Gray. Author Seth Shulman shows that Bell's notebooks contain false starts, and then after a 12-day gap during which he visited the US Patent Office, suddenly show an entirely different design, very similar to Gray's design for multiplexing Morse code signals. Shulman claims that Bell copied the design from Gray's patent application and was improperly given credit for earlier submission, with the help of a corrupt patent examiner and aggressive lawyers. Shulman also claims that fear of being found out is the reason Bell distanced himself from the company that carried his name. And if Gray Telephone doesn't seem to roll off the tongue, Shulman also noted that both of them were two decades behind the German inventor Johann Philipp Reis, who produced the first working telephony system."

280 comments

  1. The most interesting thing about this controversy by elrous0 · · Score: 5, Interesting
    What's truly amazing is that two men (perhaps more) were working, pretty much independently of each other, yet came up with the same basic idea in such a parallel fashion that they ended up arriving at the U.S. patent office withing HOURS of each other.

    In the history profession, we used to have an idea called "Great Men" (the idea that great, unique individuals make history). But in recent decades, this idea has fallen out of favor in the history field, in favor of the idea that mass movements and attitude shifts within the larger society "make" the history (the so-called "Zeitgeist" idea). Traditionally, inventions like the phone, radio, etc. have been attributed to a unique individual genius. Yet, the more we learn, we see that theses inventions seemed almost "in the air" of the times, with any number of people developing them independently of one another. It seems that if Edison hadn't "invented" the phonograph, someone else would have (and someone else probably did, or was at least working on it at the same time).

    I used to be a big proponent of "Great Men" history myself, but stuff like this gives me pause.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  2. how timely by Hognoxious · · Score: 5, Funny

    Brought to you by the isn't-this-just-a-little-bit-too-late department.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    1. Re:how timely by smittyoneeach · · Score: 1

      Nah. When you've been on the receiving end of injustice, the better-late-than-never rule applies.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    2. Re:how timely by asCii88 · · Score: 0

      Remember when the last Pope said Copernico was right. That was late!

    3. Re:how timely by Hognoxious · · Score: 1

      Copernico was certainly late (and not in the 'for lunch' sense) by then.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  3. That's interesting. by wcrowe · · Score: 4, Funny

    So he's sort of the Bill Gates of the 19th century.

    --
    Proverbs 21:19
    1. Re:That's interesting. by $RANDOMLUSER · · Score: 1

      Do you remember who invented the first aeroplane? The americans think that was some brothers (?Grimm Brothers?).
      That's a canard.
      --
      No folly is more costly than the folly of intolerant idealism. - Winston Churchill
    2. Re:That's interesting. by deadweight · · Score: 4, Informative

      Marconi *WAS* Bill Gates more so than anyone but Bill himself. He took existing technology and used clever legal maneuvering to build a monopoly. he used his wealth to buy out or destroy any competition. Radio was NOT invented by him. Tesla did it, but was more interested in transmitting power than information. A number of others had working radio inventions too, but no one saw the commercial prospects clearly. Marconi did see them and the legal/semi-legal shenanigans would have brought a smile to Bill G. He didn't SELL radios, he LEASED them to ship owners and provided the operators. These operators were told NOT to communicate with ship or shore stations run by any other company but Marconi! Doesn't that sound familiar! The scheme fell apart when the Titanic inspired the first SOLAS convention and rules for wireless. Read Thunderstruck for the amazing details of all this. Ham and CB operators will get a laugh at the fact that intentional QRM started basically with the invention of the second radio :(

    3. Re:That's interesting. by franksands · · Score: 1, Informative

      That would be the Wright Brothers. And although their invention was sooner, it needed a catapult to be pushed into the air. Santos Dummont was the first person to build and pilot a vehicle that could take off, fly and land without any outside help.

    4. Re:That's interesting. by c6gunner · · Score: 1

      Wrong. The wright brothers may have later used a catapult to make takeoffs easier, but their first flight certainly didn't employ one, nor was one necessary for any of their flights.

      Seriously, what's with all the America-bashing these days? It's not bad enough that you're constantly blaming them for all the worlds problems, now you also want to re-write history to take their accomplishments away? Get a grip of yourself!

    5. Re:That's interesting. by evilviper · · Score: 1

      Radio was NOT invented by him. Tesla did it, but was more interested in transmitting power than information. A number of others had working radio inventions too, but no one saw the commercial prospects clearly.

      Tesla had a wireless, remote controlled boat that he tried to sell it to the US Military as a weapon (ie. guided bomb), long before anyone else had accomplished anything with radio.

      So, he wasn't JUST interested in wireless power, he just didn't push hard enough, and expected his patents would make sure he got a percentage of whatever others came up with. That didn't work out so well...
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  4. Read the patent number! by 192939495969798999 · · Score: 4, Funny

    Bell Stamp: I invented the telephone.

    Gray: You stole it from me, Elisha Gray.

    Bell: Read the patent number, bitch!

    --
    stuff |
    1. Re:Read the patent number! by smittyoneeach · · Score: 2, Funny

      Be thankful we're not getting all the government we're paying for.
      http://en.wikiquote.org/wiki/Will_Rogers
      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
  5. Antonio Meucci invented the t by a_n_d_e_r_s · · Score: 3, Interesting

    Long before the mentioned men 'invented' the telephone in 1834 italian Antonio Meucci invented it - that was aknowledged by the US House of Representatives in 2002 - "if Meucci had been able to pay the $10 fee to maintain the caveat after 1874, no patent could have been issued to Bell"

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

    --
    Just saying it like it are.
    1. Re:Antonio Meucci invented the t by elrous0 · · Score: 5, Insightful
      Anytime an invention is mentioned, it seems to become an ethnic an nationalistic pissing contest. It starts with a reference to an American inventing something, then some European chimes in with "A European did it first." Then some black nationalist chimes in with "It was actually invented by a black man working for the so-called inventor." And on..and on. So, I'm not going to get into a pissing contest with you. But I will point out the illogic of the idea that someone invented this almost a full 50 years before anyone else, and quote the wikipedia entry on the gentleman at hand:

      However, many modern scholars outside of Italy do not recognize the claims that Meucci's device had any bearing on the development of the telephone. Tomas Farley also writes that, "Nearly every scholar agrees that Bell and Watson were the first to transmit intelligible speech by electrical means. Others transmitted a sound or a click or a buzz but our boys [Bell and Watson] were the first to transmit speech one could understand."
      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    2. Re:Antonio Meucci invented the t by geekoid · · Score: 1

      Too bad the patent office is just an agency that says you registered the patent a x time, and not some magic house of pixie's. Cause if you can show you had it earlier, you get the credit.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:Antonio Meucci invented the t by Anonymous Coward · · Score: 0
      Others transmitted a sound or a click or a buzz but our boys [Bell and Watson] were the first to transmit speech one could understand."

      Stephen Mitchell Yeates had the first telephone call where voice could be distinguished. More than 10 years before Bell claimed the same.

    4. Re:Antonio Meucci invented the t by techpawn · · Score: 1

      In the end you can claim a lot of things, you can even get people to back you up on your claim. That doesn't make it true. The only people who really know the truth are the people directly involved, all others are just securing their own place in history as a bookmark for an event.

      --
      Ask not what you can do for your country. Ask what your country did to you
    5. Re:Antonio Meucci invented the t by Anonymous Coward · · Score: 0

      It happens in America too. I swear in high school, you are practically taught that the modern car was invented by Henry Ford. His name was bought up again and again, while you ask people who Karl Benz is, they shrug their shoulders.

    6. Re:Antonio Meucci invented the t by colin_s_guthrie · · Score: 2, Funny

      And it is here that I should point out that Bell was Scottish (born in my own fair City of Edinburgh) which makes him European (tho' arguably not at the time!). That's the trouble with everything that's got a modicum of thought/intelligence behind it - Americans' always think that they invented everything when it's clear to all those who looked, that the Scots invented the modern world. Telephone, Television, Penicillin and all the rest of it.

      Try peeing higher than that :p

      (Now I grant you you may have been referring to Grey, but I'm ignoring that due to the context of your Wikipedia quote).

    7. Re:Antonio Meucci invented the t by boris111 · · Score: 2, Informative

      A good teacher will tell you that Ford was the first to make it practical for the common man by making an assembly line for it. Every history teacher I had made that distinction.

    8. Re:Antonio Meucci invented the t by Anonymous Coward · · Score: 0
      It gets funny here..

      We were always taught that it was an AUSTRALIAN that invented penecillin (I do remember that there were a pair, Howard Florey and some other chap).
    9. Re:Antonio Meucci invented the t by Anonymous Coward · · Score: 0

      Anytime an invention is mentioned, it seems to become an ethnic an nationalistic pissing contest.

      As far as I can tell, this usually arises because an American improperly attempts to take credit for something a European discovered/invented.

      But I will point out the illogic of the idea that someone invented this almost a full 50 years before anyone else

      There's nothing illogical about that. There are plenty of examples of technology and knowledge being lost, forgotten or overlooked. If anything, you might argue that it's unlikely, but it's certainly not illogical.

    10. Re:Antonio Meucci invented the t by servognome · · Score: 1

      You should read Shakespeare in the original Klingon

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    11. Re:Antonio Meucci invented the t by colin_s_guthrie · · Score: 1

      Well from good ol' WP:

      The discovery of penicillin is usually attributed to Scottish scientist Sir Alexander Fleming in 1928, though others had earlier noted the antibacterial effects of Penicillium such as Ernest Duchesne who documented it in his 1897 paper however it was not accepted by the Institut Pasteur because of his young age.

      The development of penicillin for use as a medicine is attributed to the Australian Nobel Laureate Howard Walter Florey.

      So I guess you could say it was a Frenchman or a Scotsman depending on your view point. Either way "European". Props to the Aussies for making it useful tho' ;)

    12. Re:Antonio Meucci invented the t by elrous0 · · Score: 1

      Sure, but it was the Irish who saved civilization in the first place.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    13. Re:Antonio Meucci invented the t by elrous0 · · Score: 1

      No, the issue usually arises because people are a bunch of bigoted nationalistic cunts who can't bear to admit that "the other guy" ever invented or contributed ANYTHING good to the world, whoever "the other guy" is. It's like listening to a bunch of drunk sports fans scream for their home team.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    14. Re:Antonio Meucci invented the t by RAMMS+EIN · · Score: 1

      "Nearly every scholar agrees that Bell and Watson were the first to transmit intelligible speech by electrical means."

      Are you saying that Italian is not intelligible speech? ;-)

      --
      Please correct me if I got my facts wrong.
    15. Re:Antonio Meucci invented the t by Anonymous Coward · · Score: 0

      I can't think of any other nation that habitually claims inventions that aren't their own. I've seen USA citizens claim that the USA invented democracy, limited government power, human rights, pizza, computers, the automobile, all kinds of things. And they weren't joking. I'm far from the first person to note this.

      If you are right and it's because "people are a bunch of bigoted nationalistic cunts", then what does it say about the USA that it's considered a characteristic of that country in particular?

    16. Re:Antonio Meucci invented the t by elrous0 · · Score: 1

      Yes, because the U.S. is the only country in the world full of bigoted, nationalistic cunts. And I'm sure they would level the exact same criticisms at YOU.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    17. Re:Antonio Meucci invented the t by AK+Marc · · Score: 1

      I've seen USA citizens claim that the USA invented democracy, limited government power, human rights, pizza, computers, the automobile, all kinds of things.

      Computers were invented by all sorts of people. Depending on your definition of "computer" any number of people invented it. Whether it's the abacus, the mechanical computer described by Babbage that was unable to be completed due to the low tolerances in mechanical tooling at the time, ENIAC, or whatever you claim to be a computer, someone can lay a legitimate claim to being first. Automobiles are another thing. There were some valid attemtps at steam powered horeless carriages from many locations before successful "automobiles" were launched. If you restrict the definition of "automobile" to petrol powered horseless carriages, then you have restricted your possible choices of first. But it was another thing where it wasn't practical because of the engine size required, but was itself an obvious item. A train without tracks is obvious, if you could get it economical. But the engine size was always the problem. Internal combustion engines themselves are much more interesting than the trivial engineering problem of bolting it to a carriage. So, it appears that the "winner" of the automobile race was based on the engine builders, as they were the ones to also put it on a frame, and the earlier successful steam-powered "automobiles" are largely ignored. The USA invented its brand of democracy. Name another place where all people born there, male or female, land owners or not, were able to vote and serve in any government office (and if there is one now, when did it become that way).

      The USA didn't invent many things, but it was the place to make them famous. That leads to confusion. Ford dominated the automobile market so completely that people associate Ford with the automobile. He should be credited with some manufacturing advances, but the design was a simple extrapolation of the design that many others had come up with. The same is true with computers. IBM dominated for so long, people associate that name with the "invention" of computers, not the successful marketing of a personal computer.

    18. Re:Antonio Meucci invented the t by MACC · · Score: 1

      can't be. Blacks are and were scarce in Europe.

      Reiss apparatus worked well enough.
      His problem was raising some interest in Europe.

      Bell had seen and heard his machine at an exhibition.

      G!

    19. Re:Antonio Meucci invented the t by Anonymous Coward · · Score: 0

      And he's more famous in America than the actual inventor of the car because.....? Hint: (Because he's American).

      That would be like teaching Mr. X who made telephones cheap than teaching that Alexander Graham Bell invented the telephone (or whoever).

    20. Re:Antonio Meucci invented the t by Anonymous Coward · · Score: 0

      It was you blaming this attitude on "bigoted, nationalistic cunts". I'm merely pointing out that improperly claiming inventions is associated with the USA in particular. Now are you standing by your blame of "bigoted, nationalistic cunts", or do you want to point out another country that is famous for improperly claiming inventions as their own?

  6. Ah yes... by imstanny · · Score: 0

    Now that you mention it, this news rings bell.

    1. Re:Ah yes... by Almahtar · · Score: 1

      May God have mercy on your soul.

  7. There are so many victims! by FredFredrickson · · Score: 4, Funny

    I'm another victim of this type of fraud. It seems that there needs to be a safeguard against this type of thing.

    I invented a little button that allows you to buy things by clicking a single button once, but I keep getting threatened with law suits!! THIS NEEDS TO STOP! I WANT MY ROYALTIES! Damn you patent squatters!

    --
    Belief? Hope? Preference?The Existential Vortex
    1. Re:There are so many victims! by bcharr2 · · Score: 1

      I'm still waiting to hear back on my patent application for the circle. Once it is approved, I'll be able to charge EVERYONE for royalties. Tire manufacturers, donut makers, DVD distributors, Frisbee companies, even Mrs. Smith for her Apple Pie.

  8. Leibniz now Reis by Anonymous Coward · · Score: 0

    first Leibniz, now this Reis guy. What's up with the German's and saying "oh look at us vee did it loooooong ago"?

  9. Re:The most interesting thing about this controver by $RANDOMLUSER · · Score: 4, Informative

    I don't think you have to look much farther than calculus (Newton and Leibnoz) or evolution (Darwin and Wallace) or the incandescant light bulb (Edison and a cast of hundreds) to see that this is so.

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
  10. Actually... by Anita+Coney · · Score: 4, Insightful

    ...every major invention was stolen from me. Any day now I'm going to invent everything, including a time machine. I'll get stuck in the past when everyone will start stealing my ideas. I'll die penniless in 1926.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:Actually... by elrous0 · · Score: 1

      John Titor? Are you back?

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    2. Re:Actually... by Anita+Coney · · Score: 1

      Nope, he's actually my father, sister, and 2nd cousin, twice removed. Don't ask me to explain. Thanks.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    3. Re:Actually... by andphi · · Score: 1

      No, no, no. You have it all wrong.

      Everything of any significance was invented by Chairman Mao Ze Dong and also by President for Life Kim Il Sung and also by the great working people of [insert socialist dictatorship here]. In a few years, we might be able to add would-be President for Life Hugo "No, Really, I'm just like Simon Bolivar" Chavez to this list of pioneering inventor-liberators.

    4. Re:Actually... by Lord+of+Hyphens · · Score: 1

      The trick is, of course, getting to the Patent Office in time.

      --
      "I've spent my whole life figuring out crazy ways to do things. It'll work." -- Montgomery Scott, "Relics"
    5. Re:Actually... by Anonymous Coward · · Score: 0

      WTF? Why is this post "informative"?

    6. Re:Actually... by RealGrouchy · · Score: 1

      Then you should have invented a better patent system.

      - RG>

      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    7. Re:Actually... by Almahtar · · Score: 1

      Well I don't know about you, but I sure as hell didn't know the OP invented everything and then died penniless in 1926. I now feel that I have been informed. Don't you feel informed?

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

      1926 was a pretty good year, just like 2007. And we both know what happened/happens just a few years later in both time periods. ;)

  11. Grey Area by techpawn · · Score: 1

    We're debating patents how many decades old when there are patents now that are obvious rip offs and trolling? Yes, this is an interesting historical debate about how broken the patent system IS and has been but don't we have more pressing current matters with the patent office?

    --
    Ask not what you can do for your country. Ask what your country did to you
    1. Re:Grey Area by Intron · · Score: 2, Funny

      Those who don't study history are doomed to reinvent it. And then patent it. ?? And then profit!

      --
      Intron: the portion of DNA which expresses nothing useful.
  12. Smacks of Conspiracy idiocy by geekoid · · Score: 1

    Really. There is a missing time, and then government official help him, cause they are all corrupt, and then evil lawyers came in to shut everyone up.
    The more you look at it the more people that would have been involved.
    Please. How about some, oh I don't know, evidence.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  13. Yeah, but Gray didn't invent the telephone.... by tjstork · · Score: 5, Insightful

    Even the article concedes that Gray's invention wasn't for spoken words over the phone, it was for multiplexing morse code signals to make a more efficient telegraph. Sure, Gray may have been the better technologist, but Bell should get some larger props for seeing the point that you wouldn't need telegraphs any more at all. Saying that Gray invented the telephone because Bell borrowed some of his ideas is like saying that Reimann invented Relativity because Einstein used some of his math. In both cases, it was the application and vision of a technology that is more interesting than the mechanism itself. Neither Bell nor Gray's inventions are even relevant now, but the idea of spoken communications at a distance is.

    --
    This is my sig.
    1. Re:Yeah, but Gray didn't invent the telephone.... by Anonymous Coward · · Score: 0

      Neither Bell nor Gray's inventions are even relevant now, but the idea of spoken communications at a distance is.

      Last I recall, we still transmit data over copper wire.

    2. Re:Yeah, but Gray didn't invent the telephone.... by MightyYar · · Score: 1

      They were transmitting "data" over copper wire long before Bell.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    3. Re:Yeah, but Gray didn't invent the telephone.... by zippthorne · · Score: 1

      Well, the joke's on him then. Because now we translate voice into a binary code not at all dissimilar to the way the original telegraph worked. And it's multiplexed!

      --
      Can you be Even More Awesome?!
  14. Re:The most interesting thing about this controver by pieterh · · Score: 4, Interesting

    Don't forget that the patent establishment has invested a huge amount of money and effort, over the last 150+ years, to promote a mythology to support its claims to perpetuate its system of exclusive privileges. The myths are deep and taken as real by many who should be more skeptical. I debunked the main myths on Free Software Magazine.

    One of the big old myths is the "inventor" and "invention" myths. In fact, innovation is well understood (since the mid-1800's at least) to be a social effect, driven by market demand for new products and enabled by technological progress. Produce a new material in cheap enough quantities, and dozens of "inventors" will come up with similar new applications for it.

    Of course there cases of lone inventors who work outside the rest of society - these are so rare they prove the general case that invention is the result of a social network. And this social network, which may be less obvious in some industries, is absolutely central to the innovation process in software, which is why the concept of software patents is to utterly bogus and corrupt.

    Patents of all kinds are just a form of protectionist economics, along with trade barriers, subsidies, legislated monopolies, and so on. These work for those who can work the system, everyone else pays the cost.

  15. And the legacy continues to this day by Anonymous Coward · · Score: 0

    And Bell's legacy continues in both spirit and in deed by all of corporate America to this very day.

  16. this is still news? by rucs_hack · · Score: 1

    I thought this was established historical fact. What with the patent clerk who let Bell have the patent owning up and all.

    I've known about this for years, since I was a teenager.

    1. Re:this is still news? by Anonymous Coward · · Score: 0

      :give cookie:

    2. Re:this is still news? by zopf · · Score: 1

      I've known about naked ladies for years, but that never stopped me from masturbating. Why should slashdotters overlook a perfectly good patent circle-jerk?

      --
      Did you see the pool? They flipped the bitch!
  17. Rubbish by gilesjuk · · Score: 2, Insightful

    A patent can be on an idea not yet realised, so long as you detail the process involved.

    So Bell's patent could have been a process to transmit sound along wires. He didn't need to prove it was possible.

    There's been many patents lodged that haven't been made into a product, only for someone else to implement the same idea years later.

    1. Re:Rubbish by SCHecklerX · · Score: 1

      which seems quite broken, IMNSHO. Patents should protect people who plan to actually do something with their invention. At least have a prototype for crying out loud.

    2. Re:Rubbish by Aladrin · · Score: 1

      Excuse my ignorance.

      How do you detail a process unless you know it is possible?

      And if you know it is possible, why can't you prove it?

      And if you can prove it, why did you not make a prototype?

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
  18. big deal by p51d007 · · Score: 1

    Nothing like beating a dead horse. It's like trying to figure out who poisoned one of the presidents back in the early 1800's. He's dead, the person(s) who did it are dead, and so are their children.
    Oh, I guess we'll have to give reparations like the BS with the blacks over slavery.

  19. Re:The most interesting thing about this controver by Anonymous Coward · · Score: 2, Insightful

    Anyone who believes patents aren't a necessity in a free market system is a fool. If it weren't for patents we'd have one or two large corporations who manufatured and sold us everything. Anybody who came up with a new idea would have it copied by one of the large companies and brought to market faster and cheaper than the person who initially invented it.

  20. Edison did almost the same thing by frietbsd · · Score: 1

    Edison just patented the idea of running current through a wire to make it hot and glow in that way. He wasn't original in that aspect, it was one of basic science demonstrations to burn up a wire with electricity. He just patented it for use of lighting, but he did not have a working lightbulb or anything else beyond the common science demo. Then when someone else invented de glass lightbulb to prevent oxidation, he claimed his wire glowing patent and became rich and famous.

    1. Re:Edison did almost the same thing by tsjaikdus · · Score: 1

      Edison just patented the idea of running current through a wire to make it hot and glow in that way. He wasn't original in that aspect, it was one of basic science demonstrations to burn up a wire with electricity. He just patented it for use of lighting, but he did not have a working lightbulb or anything else beyond the common science demo. Then when someone else invented de glass lightbulb to prevent oxidation, he claimed his wire glowing patent and became rich and famous.

      I think Edison became rich and famous because he patented the bulb as a whole (next to the bamboo wire, the socket and I don't know what). He patented everything, unlike e.g. Swan. And even more important, he invented the complete industry, meters, switches, up to the whole steamengine power plant delivering 110V DC to the customers. Again Swan didn't do that. Swan lit a house by means of a waterwheel. Interesting, but not exactly an industry.
  21. Re:The most interesting thing about this controver by Anonymous Coward · · Score: 0

    Then why is it that the huge corporations like Intel and IBM are the ones with the giant patent portfolios? Maybe because they are using them to destroy small competitors?

  22. Re:The most interesting thing about this controver by CannonballHead · · Score: 3, Interesting

    On the other hand, let's say there are 4.5 billion people in the world (I'm not sure how many there were back then). That's a lot of people; is it really so strange that two people with have the same idea, given that they have the same technology, the same lack in technology, etc...?

  23. Re:The most interesting thing about this controver by AvitarX · · Score: 1

    I am willing to bet that Eddison himself knew this.

    The fact that he claimed invention was 1% inspiration and 99% perspiration would imply to me that all you need to do is brute force it.

    Of course, an argument could still be made that the patent system encourages brute forcing out the correct thing. My friend worked for the material sciences (or some such) lab at the university. He pulled stuff apart all day. There was an off chance that something wouldn't actually pull apart, and then the real fun begins. The amount of people that are making substances to pull apart is probably quite huge (relative to the one person whom would be credited with inventing the awesome new composite), but in a non-academic situation (and are even school labs purely academic?) the fact that you will get years to make money on it is encouragement to pay people to try and pull it apart on the off chance it is you that succeeds.

    As far as finding new uses for the new awesome material the patent system probably helps a whole lot less.

    That is why I personally think our system is broken. It should be designed around encouraging the raw R&D (create new material, like Goretex) not the marketing of it (jacket that breathes while being waterproof), which is surely the way things are going now.

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  24. Common Sense for Patents by dsginter · · Score: 5, Interesting
    What's truly amazing is that two men (perhaps more) were working, pretty much independently of each other, yet came up with the same basic idea in such a parallel fashion that they ended up arriving at the U.S. patent office withing HOURS of each other.

    The system is essentially a "finders-keepers" deal, as it sits.

    If you want to fix the patent system, then you will reconstruct it roughly as follows:
    • Accept all submissions that pass a basic sanity check
    • Keep all submissions secret for X [days|weeks|months]
    • If two submissions are received for the same "invention" within this timeframe, then disallow it as obvious
    • To help facilitate a baseline for obvious, allow the general public to submit their obvious ideas at no charge (no need to check this overwhelming amount of info - but keep it handy for posterity).
    • Require patent applicants to outline the level of investment necessary to realize a given patent - the system was designed to protect the investments of entrepreneurs so, if little to no investment is required, then there is no need for a patent on a given idea. Also, patent suit awards could be derived from this information accordingly.
    Just some common sense, people.
    --
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    1. Re:Common Sense for Patents by ByOhTek · · Score: 3, Funny

      A good, honest, rational solution rather than ranting and raging with little useful information and no add to the topic?

      You must be new here.

      I had a few of those thoughts myself, but not all of them. Nice (and short) read.

      I would add that people should be allowed to submit evidence of prior-art after patent acceptance without having to go through legal processes (violating the patent, going to court, and then *hoping* to win).

      --
      Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
    2. Re:Common Sense for Patents by BoomerSooner · · Score: 1

      Or better yet, just fucking get rid of it altogether. If it isn't physical, it shouldn't be patented, for example, 1 click buying. Are you kidding me? Amazing this world we've created.

    3. Re:Common Sense for Patents by eln · · Score: 2, Insightful
      The funny thing about common sense is it's not so common. Also, big ideas tend to fall apart during the implementation stage.

      # Accept all submissions that pass a basic sanity check What exactly is a basic sanity check? Does the patent "make sense"? To who? As you can see from some of the patents out there, the patent office already accepts pretty much everything.

      # Keep all submissions secret for X [days|weeks|months] Okay, that's a nice idea, but it would be difficult to enforce. Even if you could enforce it, you would have all sorts of conspiracy claims about the patent office burying patent applications related to ways to put oil companies out of business or whatever.

      # If two submissions are received for the same "invention" within this timeframe, then disallow it as obvious That seems awfully harsh. Just because two people come up with the same idea around the same time doesn't make it obvious to the general public, or even to people in the same field. Hell, for all you know one of the applicants could have stolen the idea from the other one.

      # To help facilitate a baseline for obvious, allow the general public to submit their obvious ideas at no charge (no need to check this overwhelming amount of info - but keep it handy for posterity). Coming up with an idea (ie, wouldn't a flying car kick ass) and coming up with a way to actually implement it (something you could file a patent on) are two very different things. For every great idea, there are probably thousands of people who came up with the idea independently of each other, but only a few (or even one) that managed to figure out how to make it work. Patents are not just ideas.

      # Require patent applicants to outline the level of investment necessary to realize a given patent - the system was designed to protect the investments of entrepreneurs so, if little to no investment is required, then there is no need for a patent on a given idea. Also, patent suit awards could be derived from this information accordingly. Even if an applicant could accurately come up with these numbers, who decides how much investment is required for an idea to be patentable? For an individual garage investor, 10 or 20 grand may be a huge investment constituting their entire life savings, but it's nothing to a large corporation. Once you set a minimum level of investment, you can bet the large corporations will seek to push it as high as possible in order to make it impossible for a small inventor to do anything with a patentable idea without massive outside investment.
    4. Re:Common Sense for Patents by dsginter · · Score: 1

      Or better yet, just fucking get rid of it altogether.

      I'm trying to be pragmatic whilst addressing this urge - you simply cannot go up against the establishment with this sort of knee jerk. But this sentiment is what I am trying to address with my last point (e.g. - most software patents can be implemented in a few hours in mom's basement and, as such, are not patent-able under my suggested structure).

      I don't know if "they" are listening, but the last time that I opined constructively on the patent system, there was a response. I don't know if someone had the same idea but, hey, it is nice to think that just maybe they are looking for an honest solution.

      Yeah - and maybe I'm a Chinese jet pilot.

      --
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    5. Re:Common Sense for Patents by mea37 · · Score: 1

      If two people are working on a problem, and both reach similar solutions in a short time frame, that makes the solution obvious? Hardly.

      Using public submissions of "ideas" as a baseline for "obvious"? How does that work? If X,XXX people state the problem, that somehow makes the solution more obvious? Or do you not know that the patent covers the solution and not the problem? A lot of people don't seem to know that...

      Look, if you don't want to have a patent system, just say so.

    6. Re:Common Sense for Patents by russotto · · Score: 1

      ? Or do you not know that the patent covers the solution and not the problem? A lot of people don't seem to know that...
      The patent office doesn't know that. That's why "patenting the goal" has become a real problem.
    7. Re:Common Sense for Patents by Anonymous Coward · · Score: 0

      Or do you not know that the patent covers the solution and not the problem? A lot of people don't seem to know that... Including your patent office, which kind of moots your point.
    8. Re:Common Sense for Patents by blincoln · · Score: 1

      If it isn't physical, it shouldn't be patented

      Is (for example) a software algorithm for controlling packet routing really that different than a mechanical device which controls fuel flow in an internal combustion engine? They're both just making logical decisions, even though one is more analogue than the other.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    9. Re:Common Sense for Patents by Anonymous Coward · · Score: 0

      I would add another requirement:

      All submissions must cover the mechanics, not the idea.

      So, you can patent a perpetual motion device, if you can make one that works. You cant, however, patent a perpetual motion device if you don't have a working one. Thus, you cant take patents out for the sole purpose of trolling on those that perform the actual research and implementation.

    10. Re:Common Sense for Patents by dsginter · · Score: 1

      If two people are working on a problem, and both reach similar solutions in a short time frame, that makes the solution obvious? Hardly.

      Agreed - I think that it makes the solution "less than innovative". Thanks for that feedback.

      Using public submissions of "ideas" as a baseline for "obvious"? How does that work?

      You simply allow people to submit applications for solutions to become "public-domain patents" without charge. The current barrier-to-entry in the patent system creates a void that facilitates frivolous patents. This eliminates that barrier-to-entry.

      Look, if you don't want to have a patent system, just say so.

      I do want to have a patent system because I have many ideas that could make me wealthy. I'm just trying to fix it to facilitate innovation instead of thwarting it. Right now, if I want to make some software, then I might run into 10,000 related patents and patent applications. If each of these takes me an average of 30 minutes to inspect, license and/or work around, then I am out 5000 hours - that is 2.5 years @ 40 hours per week. There is no facilitation of innovation here - just protection of the wealthy.

      This is why the big software companies have a strict no-patent-research policy.

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    11. Re:Common Sense for Patents by shummer_mc · · Score: 1

      I would add to that the idea that only PEOPLE can own patents-- not companies. If a company bankrolls the R&D, then the chief scientist should own the patent.

      Also, "realize a given patent" is pretty vague. Does that mean "establish a reasonable market for the product?" Does that mean "produce a prototype?" Or, does it mean "to produce the machinery that will produce many products that can be sold?" The devil's in the details, I guess.

      I like your ideas, though.

    12. Re:Common Sense for Patents by Znork · · Score: 1

      "If you want to fix the patent system"

      As long as you retain the monopoly nature of the patent system it's unfixable. It's like arguing about how the Soviet state-run monopoly system could have been made to work if only comittee meetings were open and the public had an idea box.

      It's not the ease or difficulty with which you can obtain a patent that causes the problem; it's the fact that it gives you the power to prevent anyone else from doing the same thing.

      Fixing the patent system inevitably means you have to stop funding it by handing out monopoly taxation rights and instead fund it within the state budget. If we need to finance invention beyond the free market competetiveness incentives (which I'm not at all certain of), then we should actually put the pricetag on paper instead of pretending it doesnt cost just because it's hidden as a privatized taxation form.

      Once the patent system (as an innovation incentive system) as a whole has an actual budget the rest of the problems are easy to work out, as every player in the system would suddenly have an incentive to see an equitable distribution and granting scheme.

    13. Re:Common Sense for Patents by cpt+kangarooski · · Score: 3, Insightful

      Accept all submissions that pass a basic sanity check

      I'm not sure what this means.

      Keep all submissions secret for X [days|weeks|months]

      Oh, I disagree. I think that the PTO should publish all submissions immediately, regardless of whether or not they ultimately are patented. First, because government business should always be done in the open if at all possible. Second, because if an inventor tries to submit an invention and only later withdraws it (perhaps after he decides he'd rather not publish at all) then I don't see why we should honor his wishes to such an extent that he can avoid publication. Third, because rival inventors should be able to be informed about what the PTO is actually doing on a day-to-day basis.

      If two submissions are received for the same "invention" within this timeframe, then disallow it as obvious

      Well, that would be grossly different from what obviousness has meant in the past. Traditionally, an invention is obvious if any person having ordinary skill in the art (e.g. a generic electrical engineer) and a comprehensive knowledge of prior art and absolutely no imagination whatsoever, could reasonably have made the invention at that time.

      That two people have a brilliant idea at the same time isn't obviousness, it's just coincidence.

      To help facilitate a baseline for obvious, allow the general public to submit their obvious ideas at no charge (no need to check this overwhelming amount of info - but keep it handy for posterity).

      Why? And who cares? Ideas are not patentable; only inventions are. An invention might have originated from an idea, but it is far more mature. Basically, an idea is pie-in-the-sky wishing, while an invention can actually work. People dreamt of flying via machines since classical Greece, at least, but that doesn't mean that that should have meant anything when we finally figured it out.

      Require patent applicants to outline the level of investment necessary to realize a given patent - the system was designed to protect the investments of entrepreneurs so, if little to no investment is required, then there is no need for a patent on a given idea. Also, patent suit awards could be derived from this information accordingly.


      I disagree. The application process fulfills this role already. It's time-consuming to file for a patent, and often somewhat costly. This means that if an inventor doesn't himself think that the invention is economically worth the trouble, he won't bother, and the invention will just be in the public domain rapidly, if anything happens. Since you're only increasing the applicant's burden, this won't change anyway. If he feels that he can recoup the costs of getting the patent, plus make enough of a profit that it outweighs his best alternative, then he'll pursue one. You don't need to do anything here, and for God's sake, you don't want to weed out the starry-eyed inventors who have no grasp on finances. We want their inventions to be publicized, regardless of whether they're really viable.

      There's a number of things that can improve the system, but not these, IMO.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    14. Re:Common Sense for Patents by dsginter · · Score: 1

      I would add to that the idea that only PEOPLE can own patents-- not companies. If a company bankrolls the R&D, then the chief scientist should own the patent.

      That is an excellent point that would go a long way to help fix a lot of problems with the system (though it may introduce other problems). Unfortunately, the current "democratic" system is owned by corporate personhood so this change in the patent system would not be allowed until that was disrupted.

      Also, "realize a given patent" is pretty vague.

      Yes it is. I'm just trying to be constructive. I don't have the answers. But I would like to find them through constructive discussion.

      Thanks for your input. I hope that "they" are listening.

      --
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    15. Re:Common Sense for Patents by OverlordsShadow · · Score: 1

      My mentor always said 'common sense is not so common' and I fully agree. Some people you really have to wonder if they were born human or just with a human body and the brain of something else. That being said, being smart or having common sense isn't what really seems to matter in society these days. Are you a good consumer? Then you fit in society. Just look at schools and families. Makes you sick. Makes you wonder if at some point 'inventions' will become a thing of the past, and not just because 'everything has been invented already'.

      --
      Legalize Green Today!
    16. Re:Common Sense for Patents by roman_mir · · Score: 1

      Keep all submissions secret for X [days|weeks|months] - Ouch. It is not a good idea to allow someone this kind of power. If you work for a patent office, then all you have to do to invalidate a patent is provide the patent details to a 3rd party, which will then submit the 'invention' once more as their own within your timeframe.

      Can't trust anyone.

    17. Re:Common Sense for Patents by Anonymous Coward · · Score: 0

      MAY introduce other problems? How about the glaring problem that no company in their right mind would bankroll R&D in such a situation. If the chief scientist holds the patent, he has no reason to return the investment of the corporation. He'll just start his own.

    18. Re:Common Sense for Patents by mea37 · · Score: 1

      It does not moot my point. Institutionalizing a flaw in the system, even if the flaw is already seen to exist, is not a step in the right direction.

    19. Re:Common Sense for Patents by Dan+East · · Score: 1

      To help facilitate a baseline for obvious, allow the general public to submit their obvious ideas at no charge (no need to check this overwhelming amount of info - but keep it handy for posterity).

      I'd like to submit a device that utilizes the state of Elementary Particles, the Strong Force, the Weak Force, the Electromagnetic Force, and / or the Force of Gravity to perform tasks related to modifying the quality of life of, or providing entertainment to, human-kind.

      Dan East

      --
      Better known as 318230.
    20. Re:Common Sense for Patents by Anonymous Coward · · Score: 1, Insightful

      Is (for example) a software algorithm for controlling packet routing really that different than a mechanical device which controls fuel flow in an internal combustion engine? They're both just making logical decisions, even though one is more analogue than the other.

      For the mechanical device, an expensive infrastructure investment - custom machinery and so on - may be needed needed to manufacture it. For the software algorithm, if properly documented, an evening of coding will do the trick, and millions of copies can be produced instantly.

    21. Re:Common Sense for Patents by Anonymous Coward · · Score: 0
      You need to work more on critical thought - for example, your 3rd rule has huge problems.

      Imagine I am an evil industrialist. I use my powers to spy on people developing new ideas. When I see something new, I file a patent. Even if my competitor has already filed, my application negates his patent.

      In the old days, you couldn't patent just an idea. You had to submit a working model.

    22. Re:Common Sense for Patents by mea37 · · Score: 1

      I think that it makes the solution "less than innovative". Well, I guess we'll just have to disagree on that point, but then "innovative" is a tricky thing to nail down in practice. I'd return instead to the idea of just worrying about "obvious"-ness; and in that context I'd suggest this test: When the first filing comes in, publish the problem (not the solution) and see how many people come up with the same solution in X amount of time. If more than Y people come up with the same solution, it was apparently obvious. If X is short enough and Y is enough people (probably not that many, but clearly more than just 1 or 2), then you'd have a good case. You simply allow people to submit applications for solutions to become "public-domain patents" without charge. The current barrier-to-entry in the patent system creates a void that facilitates frivolous patents. This eliminates that barrier-to-entry. If the submission in your system has to include a solution, then this alredy exists. Document what you've done in enough detail that you could file a patent, stash the documents away in a manner that's date-verifiable, and if someone comes along with a patent claim you have documented prior art. This is actually more advantageous to the inventor than a formal "public domain filing for free" system. Filing a patent is a trade -- I make the information public in exchange for exlusive rights. If I don't get the exclusive rights, yet I want to be able to profit on the idea, then I might want to keep the information secret. (And yes, it's possible my motives are such that I want the information to be public; nothing in the current system prevents me publishing my designs outside the patent system, which again would prevent future patents.) The idea of a "free" filing is also impractical. Low-fee maybe, but free? Who pays to manage the data? Once you've made it free, there will be people trying to public-patent everything under the sun, so it isn't going to be a trivial cost to the patent office even if you're not actively sifting them like a paid patent. All that said, I don't believe your assertion that the barriers to entry in the patent system are all that high as to be "the problem". There is no facilitation of innovation here - just protection of the wealthy. I agree that the current system is broken. I just don't agree with your proposed solutions. I beileve your solutions would wipe out patents altogether. I wasn't intending to be a smart-ass when I suggested that might be your intent; some people really do want a no-patent system, you know. This is why the big software companies have a strict no-patent-research policy Actually, if I understand what you mean, it's not. It's not that big companies are worried about the time they'd sink into patent searches; it's that in a patent infringement case, penalties are a lot steeper if it is shown that the infringing party knew about the patent. (The language probably includes "or should have known".) So a company with a no-patent-search policy is more likely to infringe patents but, as those are brought to their attention they can negotiate licensing from a not-too-disadvantaged position. If they find the patent in an up-front search, then they have to negotiate in a patent-holder-has-all-the-cards position, or else willfully infringe the patent and lose their shirt in the ensuing legal battle.

    23. Re:Common Sense for Patents by mea37 · · Score: 1

      Damnit... accidentally submitted my response as "HTML Formatted"... Here it is in readable form.

      I think that it makes the solution "less than innovative".

      Well, I guess we'll just have to disagree on that point, but then "innovative" is a tricky thing to nail down in practice.

      I'd return instead to the idea of just worrying about "obvious"-ness; and in that context I'd suggest this test: When the first filing comes in, publish the problem (not the solution) and see how many people come up with the same solution in X amount of time. If more than Y people come up with the same solution, it was apparently obvious. If X is short enough and Y is enough people (probably not that many, but clearly more than just 1 or 2), then you'd have a good case.

      You simply allow people to submit applications for solutions to become "public-domain patents" without charge. The current barrier-to-entry in the patent system creates a void that facilitates frivolous patents. This eliminates that barrier-to-entry.

      If the submission in your system has to include a solution, then this alredy exists. Document what you've done in enough detail that you could file a patent, but don't. Instead, stash the documents away in a manner that's date-verifiable, and if someone comes along with a patent claim you have documented prior art.

      This is actually more advantageous to the inventor than a formal "public domain filing for free" system. Filing a patent is a trade -- I make the information public in exchange for exlusive rights. If I don't get the exclusive rights, yet I want to be able to profit on the idea, then I might want to keep the information secret. (And yes, it's possible my motives are such that I want the information to be public; nothing in the current system prevents me publishing my designs outside the patent system, which again would prevent future patents.)

      The idea of a "free" filing is also impractical. Low-fee maybe, but free? Who pays to manage the data? Once you've made it free, there will be people trying to public-patent everything under the sun, so it isn't going to be a trivial cost to the patent office even if you're not actively sifting them like a paid patent.

      All that said, I don't believe your assertion that the barriers to entry in the patent system are all that high as to be "the problem".

      There is no facilitation of innovation here - just protection of the wealthy.

      I agree that the current system is broken. I just don't agree with your proposed solutions. I beileve your solutions would wipe out patents altogether. I wasn't intending to be a smart-ass when I suggested that might be your intent; some people really do want a no-patent system, you know.

      This is why the big software companies have a strict no-patent-research policy

      Actually, if I understand what you mean, it's not. It's not that big companies are worried about the time they'd sink into patent searches; it's that in a patent infringement case, penalties are a lot steeper if it is shown that the infringing party knew about the patent. (The language probably includes "or should have known".) So a company with a no-patent-search policy is more likely to infringe patents but, as those are brought to their attention they can negotiate licensing from a not-too-disadvantaged position. If they find the patent in an up-front search, then they have to negotiate in a patent-holder-has-all-the-cards position, or else willfully infringe the patent and lose their shirt in the ensuing legal battle.

    24. Re:Common Sense for Patents by Bill_the_Engineer · · Score: 1

      Is (for example) a software algorithm for controlling packet routing really that different than a mechanical device which controls fuel flow in an internal combustion engine? They're both just making logical decisions, even though one is more analogue than the other.

      Well actually the router device that uses the algorithm to route the packets would be patentable, not the algorithm itself. Just like you would seek a patent on the mechanical device that controlled fuel flow, not its internal parts.

      Why the distinction? The routing algorithm uses logic and math, and these in itself is not patentable.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    25. Re:Common Sense for Patents by ArsonSmith · · Score: 1

      Sweet, do you have some schematics or details in the operation of the device? Otherwise you lose.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    26. Re:Common Sense for Patents by blincoln · · Score: 1

      Well actually the router device that uses the algorithm to route the packets would be patentable, not the algorithm itself. Just like you would seek a patent on the mechanical device that controlled fuel flow, not its internal parts.

      That doesn't make sense to me. There is nothing intrinsic about a router that is related to the particular hypothetical algorithm I am describing. It's just a specialized computer executing the algorithm of the program. The algorithm (not the router) is the equivalent of the mechanical device, because the algorithm is what is acting based on a set of inputs.
      But even setting that aside, here's a more clear-cut example. Let's say I have a low-pass filter algorithm. If I implement it in software, it should not be patentable according to the type of argument I was responding to. If I implement the exact same logical algorithm using digital circuitry, you are saying that that should be patentable? What's the difference? The exact same thing is happening: an analogue waveform comes in, is converted to digital and processed, and converted back to analogue for output. What about if I implement the algorithm on a FPGA? Is that software, because it's programmable? What about if I implement it all in hardware, but the hardware has a CPU which is reading code from a ROM? What about the same scenario but the code is on a PROM? An EEPROM? What if I implement the algorithm on a mass-produced DSP chip? What about if I write a physical modeling simulation environment for electronic parts and create an exact replica of the physical design there but never using actual physical electronics? What about if I implement that environment on a specialized hardware emulator platform? Should I now be able to copy anyone's hardware designs because mine are "software"?
      IMO there is no difference. It's all just electrons whizzing around. The logic that controls them is what is innovative or not. Just like the analogue logic performed by a mechanical part is what's innovative or not.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    27. Re:Common Sense for Patents by Anonymous Coward · · Score: 0

      That's equally an argument the physical shouldn't be patented any more than the unphysical.

    28. Re:Common Sense for Patents by cmburns69 · · Score: 1

      I agree with most of your points, but I'd like to point out that the existing system is broken partly because of the cost to file. In risk/reward terms, it is much more risky for me (a private inventor) to file a patent application than it is for a large corporation to file the same application because I have a smaller income. I've got to be very sure the patent will succeed before I'm able to file. A large corporation, however, has the resources to file many applications with little risk.

      Because of this, corporations will submit all sorts of dubious patents, flooding the system-- and we know at least some are getting through.

      I'm not against corporations owning patents (I think provides the economic guarantees required for certain products), but I think there needs to be some sort of penalty for patent-office flooding-- designed in such a way so that individual investors wouldn't need to worry about it, but it would raise the bar for the other submitters.

      Perhaps a system whereby if the same filer has a certain ratio of rejected applications to accepted applications (over a certain minimum), they are locked out from filing another application for X amount of time...

      --
      Online Starcraft RPG? At
      Dietary fiber is like asynchronous IO-- Non-blocking!
    29. Re:Common Sense for Patents by IamTheRealMike · · Score: 1

      # # Require patent applicants to outline the level of investment necessary to realize a given patent - the system was designed to protect the investments of entrepreneurs so, if little to no investment is required, then there is no need for a patent on a given idea. Also, patent suit awards could be derived from this information accordingly.

      Well, a bunch of other people have pointed out problems with your proposals - but it's easy to tell people why something won't work, and harder to improve an idea constructively. So I want to contribute to making your last point a bit stronger.

      The basic idea is a good one, I think, but it has a big problem - what is the level of investment required? Rather than set a fixed level ("little to none" is really vague) judge how much it cost to develop the patent (cost of workers time, materials, etc) - call it N dollars - and then create a pool of N*X dollars, where X is some fixed value akin to interest rates, decided by governments. Higher values of X encourage research/development but discourage bringing new implementations of an idea to market. Now anybody who wants to use that patent, rather than be subject to the whims of an artificial monopoly, has to pay their share of the pool.

      Here's an example. Let's say I develop a Wonder Widget, and it costs me $1000 in my time (as judged by what I could have earned with my skills doing something else), materials, etc. Nailing down exactly what these costs comprise of is a jungle of random opinions and subjective decisions, but it's no worse than trying to decide if something is "obvious" like we do today, and at least it's not a binary yes/no decision.

      It cost me $1000, let's say X is 1.2 (a 20% "innovation incentive"?), thus the pool is $1200 in size. Right now, it's just me selling Wonder Widgets.

      Before long, another company wishes to make Wonder Widgets too. In the current patent system, I can (in theory) stop them, or put more or less any conditions I like on the patent license - even revoking it later. But in this system, the new company has to split the pool, by paying $600 to me. Now both companies are $600 out of pocket.

      A third company wants to join the fun. They have to pay $400 into the pool, split between the companies already there - I get $200 and the second company to join also gets $200. Now we're all $400 out of pocket.

      The process repeats, and each time, the barrier to entry for competing in this market gets lower. But of course, anybody who joins at a late stage is going into a saturated market full of experienced players.

      This solves your problem, of deciding on the "right" level for a patent to be grantable, by replacing it with a scheme in which all ideas are patentable but the consequences of a cheap idea being patented is very low.

      Of course it has other problems. Maybe you'd need to enforce a rule that new players can enter the pool only once a year, or something like that, to stop people applying five minutes after the last guy. Maybe 20% is too low a multiplier on the size of the initial investment (it basically caps the profit you can make purely off the research part of R&D) - perhaps 200% or 2000% is a better idea.

    30. Re:Common Sense for Patents by mrtrumbe · · Score: 1
      >>I'm not sure what this means.

      It basically means, "accept all submissions that make sense." I'm not exactly sure what the benchmark for this would be, but a readable, logical, correctly filled out patent application would be a good start.

      >>Keep all submissions secret for X [days|weeks|months]
      >>>>Oh, I disagree. I think that the PTO should publish all submissions immediately, regardless of whether or not they
      >>>>ultimately are patented. First, because government business should always be done in the open if at all possible.
      >>>>Second, because if an inventor tries to submit an invention and only later withdraws it (perhaps after he decides he'd
      >>>>rather not publish at all) then I don't see why we should honor his wishes to such an extent that he can avoid publication.
      >>>>Third, because rival inventors should be able to be informed about what the PTO is actually doing on a day-to-day basis.

      I think you are completely missing the point. The point isn't to allow patents and ideas to be buried by their creators. In fact, I would imagine that for the system described by the grandparent to work, all patents would have to be made completely public.

      If I have it right, the grandparent is proposing a system in which the exclusive use of an idea is awarded based on whether other people come up with the same idea or not. Obvious may have been a poor term for it. I think this is a decent check: if more than one person comes up with the same idea at around the same time, why should any of them get exclusive use of that idea. If two people have the same idea at the same time, do we really want to award exclusive use to the person who can get to the patent office fastest? After the idea is determined to be unique/not-unique, *all* material related to the applications and to how the judgement is made should be made public.

      >>Ideas are not patentable; only inventions are.

      Tell that to the patent office. Personally, I think the difference between the two is purely semantic when put to practice. You don't need a working version of the product for a patent to be granted, putting many technological "inventions" squarely in the "idea" category, IMO.

      >>I disagree. The application process fulfills this role already. It's time-consuming to file for a patent, and often
      >>somewhat costly. This means that if an inventor doesn't himself think that the invention is economically worth
      >>the trouble, he won't bother, and the invention will just be in the public domain rapidly, if anything happens.

      The only thing this accomplishes is to stack the deck against the small time inventor. If the patent process is burdensome, from a money/paper-work perspective, the majority of applications will comes from corporations and those with money to waste. If the process is reduced, the lower bar to entry will allow many more people to participate and reap the rewards of developing ideas into products to be sold in the marketplace.

      I really don't think that the grandparent's post was a magic bullet to solve our patent problems in the US. However, I like many of the ideas. Obviously *something* needs to be done to fix the current system, and I think these changes would improve things. One further thought I had is to build in a requirement that patent holders must either work toward implementing and commercializing their invention within some reasonable limits or be forced to give their invention over to the public domain. Some protection in the system is necessary to rid us of patent trolls.

      Taft

    31. Re:Common Sense for Patents by NoOneInParticular · · Score: 1
      With a patent system that would only allow physical inventions, all your examples would be valid patents on the device. However, everybody would be free to implement the algorithm in their own device. As long it is not a replica of your patented device, they don't infringe on your patents. So, yes, feel free to patent your low-pass filter implementation. Feel stupid that it's so easy to circumvent that you won't get any money out of the market.

      Particularly where the cleverness is in the logic, not in the device, this would indeed mean that software patents would be abolished, as it is trivial to create a different configuration of gates to implement the software. And that would be a better situation than what we're in now.

    32. Re:Common Sense for Patents by TheoMurpse · · Score: 1

      To help facilitate a baseline for obvious, allow the general public to submit their obvious ideas at no charge (no need to check this overwhelming amount of info - but keep it handy for posterity).
      Just to point out (but doesn't invalidate your suggestion), the standard for "non-obviousness" in patent prosecution is the PHOSITA ("person having ordinary skill in the art"), not the layperson. We care whether an invention would be obvious to an average PHOSITA, not an average layperson.

      Incidentally, we don't care if one other person comes up with an idea; we care if the average person would have. Thus, just one other person submitting in a given timeframe would fail to inform the PTO about non-obviousness. Two geniuses coming up with an invention doesn't make it "obvious." However, a great proportion of PHOSITAs inventing the same thing in the timeframe would be a strong indication of obviousness.
    33. Re:Common Sense for Patents by bit01 · · Score: 1

      That two people have a brilliant idea at the same time isn't obviousness, it's just coincidence.

      Nonsense. In the vast majority of cases it's because it's an idea "whose time has come". That is, due to normal technological development all the prerequisites are now available and several experts, out of a population of billions, have come up with a similar idea using the same prerequisites. In the case of the telephone many intelligent people were working on the problem with similar prerequisites/tools available (electricity/telegraph etc.) and it's not surprising they converged on similar solutions.

      The patent bureaucracy's concept of ideas, that is that they appear out of nothing, is one example of how little they understand about how normal science and technological development works. Of innovation in other words.

      ---

      Are you a creator or a consumer?

    34. Re:Common Sense for Patents by PopeJM · · Score: 1

      Well, that would be grossly different from what obviousness has meant in the past. Traditionally, an invention is obvious if any person having ordinary skill in the art (e.g. a generic electrical engineer) and a comprehensive knowledge of prior art and absolutely no imagination whatsoever, could reasonably have made the invention at that time. Does this mean that if you are a Macguyver then everything is obvious?
    35. Re:Common Sense for Patents by cpt+kangarooski · · Score: 1

      You don't need a working version of the product for a patent to be granted, putting many technological "inventions" squarely in the "idea" category, IMO.

      Well, I would agree that a working implementation of the invention should be required, save in cases where the inventor can demonstrate a good reason for not having one. E.g. if you invent a doomsday device, and can convince me that it could be built, and would work, I'd prefer not to have a demonstration. Also, provided they paid their fees in advance, I would allow inventors to have the working model stage of the application process come last, to allow them more time to gather funding to build one, if necessary.

      Obviously *something* needs to be done to fix the current system

      Disallow patents on business methods and for software. Not because they're not inventions, but because those fields would see huge amounts of inventive activity anyway, regardless of whether we offer patents or not. Retain first-to-invent. Be patient with regard to the reform of terms dating from the filing date. Mandate rapid publication for everything. Don't require a higher standard of proof for litigation involving granted patents. Take patents out of the Federal Circuit and let the other federal courts have a go. Allow litigants to bring up prior art that has already been considered by the PTO.

      I'm not a patent lawyer, but I think that this would cure a lot of ills. There might be a few other things; this is just off of the top of my head.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    36. Re:Common Sense for Patents by kauttapiste · · Score: 1
      I would add that people should be allowed to submit evidence of prior-art after patent acceptance without having to go through legal processes (violating the patent, going to court, and then *hoping* to win).

      Even better alternative would be to tap into the fountain of knowledge of the online community. A tech-savvy forum could be established where contrivances were judged based on their objective merits and imperfections! A community of experts of a many metier, intellectuals, (wo)men of wisdom! A truly impartial judgment would be passed to the triumph or defeat of the petitioner! Where, oh where could this ultimate source of wisdom be found?

    37. Re:Common Sense for Patents by Anonymous Coward · · Score: 0

      Common sense with one huge problem. Let's say you invent something and submit a patent application for it and it is definitely a new idea for an innovative product. You want to see your idea come to market, but don't have the resources to do so yourself (it takes a lot of money to turn an idea into a marketable product) so you seek out a company willing to bring it to market for you. That company turns around and gives it to one or more third parties who file for a patent on your idea. The patent office throws out your patent application because of the "obvious" solution rule, i.e. two or more people came up with the same solution within the specified time frame. The first company is now clear to develop your product without paying you for it because you don't hold the patent.

      This seems a bit far-fetched, but I could see that scenario coming true under your proposed system. Maybe I just watch too many Hollywood movies. As an individual you would be hard pressed to prove the first company gave your idea to the third party. The alternative is to wait until after the specified time frame (which could be months or years) and hope nobody comes up with the same idea.

  25. Re:The most interesting thing about this controver by pebs · · Score: 4, Insightful

    Anyone who believes patents aren't a necessity in a free market system is a fool. If it weren't for patents we'd have one or two large corporations who manufatured and sold us everything. Anybody who came up with a new idea would have it copied by one of the large companies and brought to market faster and cheaper than the person who initially invented it.

    The problem here is that you are putting too much value on ideas. Ideas aren't really worth that much. If anything, its the implementation of the ideas that is worth something. Ideas are a dime a dozen.

    --
    #!/
  26. I now have more respect for Bell by tkrotchko · · Score: 5, Interesting

    Today I have more respect for Bell.

    Check out the Wright Brother's patent story for how the pursuit of patents and copyrights is the ruin of more than more inventor.

    http://www.amazon.com/Unlocking-Sky-Hammond-Curtiss-Airplane/dp/0060956151/ref=pd_bbs_2?ie=UTF8&s=books&qid=1198767099&sr=8-2

    From the review at Amazon:
        "The first flyers were so secretive and desperate to cash in on their invention that their behavior actually "retarded" the development of aviation."

    The Wright Brothers felt they had "invented flight". They were trying to interpret their patents as broadly as possible. Eventually, WW I forced the US Government to force the Wrights to share the patents with other companies. The Wright brothers did not come to a happy end. That part of the story is never told in elementary school history.

    Patents and copyrights are broken. They've always been broken, and I suspect they will be broken to a certain extent. They just happen to be extraordinarily broken at the moment.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:I now have more respect for Bell by Anonymous Coward · · Score: 0

      For many years I have been pointing out to anyone who would listen that:

      The Wright brothers did NOT invent the airplane
      They were only first at ANYTHING if you take a very specific view of what constitutes an airplane
      Their particular engineering advance (wing warping) did not scale, and was very difficult to control. It provided NO influence on ANY later aviation development.
      The brothers ONLY contribution to aviation was to ruin American development so much with legal wrangles that when WW1 came we had NO fighter aircraft and had to buy them in from France.

      It's good to know that this is finally being recognised...

    2. Re:I now have more respect for Bell by Anonymous Coward · · Score: 0

      The Wright brothers were idiots if they actually believed they had invented flight, and arrogant hypocrites if they didn't believe so but still claimed they did.

      Just read up on those that came before them, like Lilienthal (sp?) and so on. It's not like they did nothing, of course, but they stood on the shoulders of giants, and they added much less than the much more modest man who first used that phrase.

    3. Re:I now have more respect for Bell by Anonymous Coward · · Score: 0

      "Just read up on those that came before them, like Lilienthal (sp?) and so on."

      If anyone can be considered to have invented the airplane, it is Sir George Cayley. He specified all the esential parts a hundred years before the Wrights, and made the first man-carrying heavier-than-air airplane.

      Unfortunately for him, he wasn't American, so his achievements are now forgotten...

  27. Re:The most interesting thing about this controver by arivanov · · Score: 2, Informative

    Yep. And if stuff like that did not make you pause the fact that you gave an example which was simultaneously invented by at least two people should.

    Radio was invented nearly simultaneously by Marconi and Popov in 1895 and surprise surprise it was all based on a work by German (Hertz) from a few years before that. Similarly, while Marconi invented very little (most inventions were done by Hertz, Popov and Ducretes) he gets the credit because he successfully drove it through the patent system.

    Yet another history repeating... http://www.stlyrics.com/lyrics/theressomethingaboutmary/historyrepeating.htm

    --
    Baker's Law: Misery no longer loves company. Nowadays it insists on it
    http://www.sigsegv.cx/
  28. More sad Liberal propaganda by Anonymous Coward · · Score: 1, Interesting

    Sorry folks, but the free market decided where the telephone originated from. To even hint otherwise is to foolishly doubt the perfect, well-oiled machine that is our free market system, plus you're just hating America. You see, people aren't corrupt. Certainly people with connections, corporate, government, or otherwise aren't corrupt. The free market is self correcting and will automatically counter any sort of dishonesty and fraud and what is left is simply the best of all possible worlds.

  29. Patents are still a useful concept by Nerdposeur · · Score: 1

    Even if many inventions were actually the result of several people rushing to create the same thing, doesn't the possibility of fame and fortune help to drive all of them? Patents help to create that possibility - that the inventor will get to make a fortune, rather than having his/her idea copied and dominated by people who simply have better manufacturing capacities.

    Only one runner wins a race, but all the runners compete with the prize in mind. I don't think you can assume that since there are many runners, the prize isn't important.

    I do understand that patent trolling makes the whole system look useless, but I think that reform is the answer, not abandonment.

    1. Re:Patents are still a useful concept by Znork · · Score: 1

      "Patents help to create that possibility - that the inventor will get to make a fortune"

      Eh, if you look at the patent system today you'd do financially better serving fries with that and playing the lottery.

      "I don't think you can assume that since there are many runners, the prize isn't important."

      As the prize is mainly the right to trip anyone running in the next race you're unlikely to end up with a net benefit. Instead you end up with a lot of runners injured on the track, some prize winners offering protection rackets promising not to trip the runners who pay, and a whole lot of angry people.

    2. Re:Patents are still a useful concept by Nerdposeur · · Score: 1

      Eh, if you look at the patent system today you'd do financially better serving fries with that and playing the lottery.

      That's not what I'm arguing. What I'm arguing is that the concept of a patent system is good.

      Look, if I were to invent a super-efficient solar cell, how would I get it manufactured? Unless I happen to be both an engineer AND a businessman, it's going to be tough to found my own company, build my own factories, etc. And even if I do, without patents, a large company could just buy my cells, reverse engineer them, mass produce them, and put me out of business.

      Not only would I feel wronged, I would also be discouraged from inventing anything else - and so would everyone who saw my plight. Why spend years of your life working on something, only to have someone else reap the fruits of your labor? Better to get a job with a corporation and get a steady paycheck.

      I agree that we need to find ways to:

      • Prevent people/corporations from patenting obvious things
      • Prevent patents on general concepts that prevent actual implementations
      • Try to prevent people from stealing and patenting other people's ideas
      • Put limits on how much control a patent holder can exercise over their invention (for example, you MUST license it if someone offers a high enough cut of the profits)
      Etc. etc.

      But I definitely don't think that the current problems mean we should scrap the whole idea.

    3. Re:Patents are still a useful concept by Znork · · Score: 1

      "Look, if I were to invent a super-efficient solar cell, how would I get it manufactured?"

      You probably cant. Then again, if you want sole custody of the idea, then you'd have no option but to sit on it 'til the patent expires and get no benefit anyway, because nobody with the means to produce it could risk producing it either. For example, take a look at the huge number of display technologies available that dont get produced every year.

      "Why spend years of your life working on something, only to have someone else reap the fruits of your labor?"

      There are alternate solutions to the reaping of fruits, patents dont have to be the all-or-nothing approach of monopoly rights.

      If we want to encourage invention, instead of granting a monopoly right, a patent could merely give the holder the right to a paycheck, for example modified by the number of sold products including that patent. Corporations, instead of having to negotiate a license, would simply report what inventions they use in their products (and would have no financial incentive not to report it).

      Financing, instead of being a hidden tax included in licensing costs on new products could simply be a flat innovation VAT (start financing with calculating what the patent system costs today, and reset at the same level over all products). New technology would no longer be at a price disadvantage, so adoption rates of new and presumably better technology and medicines would increase and create a vast wealth increase in the economy.

      If you want to reward innovation and innovators there are much better ways to do it than handing them a monopoly they probably cant use anyway. But then again, patents have never actually been about rewarding and promoting innovation, their purpose has been for those who have the financial muscle to use them to avoid competition.

      It's really quite telling that we're handing innovators a paper only a lawyer has any use for instead of a check that anyone could use.

  30. The X-prizes are an example by Nerdposeur · · Score: 1

    I should have said this in my parent post, but the X Prizes are a good example. Would teams compete so hard to design efficient cards if there were no prize money, and if big auto companies could simply take their designs without paying for them?

    We just had a story on the Automotive X Prize recently. I'm excited to see what it will produce.

  31. Re:The most interesting thing about this controver by rs79 · · Score: 2, Informative

    "

    The patent was later given to Tesla.

    I worked for the Gray Telephone and Telepgraph company in Los Angeles in the 80s. It had been renamed "Teleautograph" and made those funny "telewriter" things. They were getting out of that and selling fax machiens and over the power line email terminals when I left in 1989.

    --
    Need Mercedes parts ?
  32. Reis by gurps_npc · · Score: 1
    The poster discussed Mr. Reiss. While the very intelligent Mr Reis produced a machine that while it could transmit sounds, it was of such low quality that it took someone significant training to be able to understand what was being said. It was not a real telephone, as the phone in telephone refers to speaking. It was more a tele-audio, as it could transmit sounds, if not clearly enough to understand.

    This is not to insult him, Mr. Reis was a relatively undereducated man, and deserves more recognition for his brillance.

    --
    excitingthingstodo.blogspot.com
    1. Re:Reis by Hognoxious · · Score: 1

      Actually, the truth is that the first decade's delay was the time it to pronounce the name of his invention, and the second was the time it took to get around to the verb.

      By then, of course, Bell had already filed his patent.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    2. Re:Reis by Anonymous Coward · · Score: 0

      But he got the basic idea right: Words spoken into a microphone appeared in some form in the speaker at the other end. The rest could be left to stepwise refinement. Maybe he didn't command hundreds of engineers who could try thousands of variations, as Edison did with his light bulb.

      Given the sophistication of today's, say, light sources like LEDs, Edison's light bulb must be considered so crude that it's essentially broken.

      And yet both ideas served us well for a century. Let's give credit where it's due.

  33. Who invented what pissing contest. by Hamster+Lover · · Score: 1

    Thank you. I was going to comment along the same lines but I also wanted to point out that there is more to "inventing" than simply conceptualizing an idea, you have to make it practical and economical as well. John Logie Baird created the first working television system which he designed around electromechanical principles, but when the money men saw the superiority of an all-electronic system his invention died off. Like so many innovators before him, he wasn't able to make it practical.

    Similarly, Nikola Tesla developed a working wireless system well before Marconi, but because Tesla essentially left the technology to sit on the shelf it took Marconi to popularize and promote it.

  34. Benazir Bhutto Successful Assassination - 27 Dec 2 by Anonymous Coward · · Score: 0
  35. Re:The most interesting thing about this controver by demonlapin · · Score: 1

    I wish I had mod points. True, very true. I've had any number of ideas over the years that - within a couple of years - became highly successful products. Of course, I lacked the financing and technical know-how to make them into those successful products, which is why I'm not a billionaire. Consider the MP3 player - anybody could have figured out it was going to be a big product. But you had to put in the time to make a compact device with good battery life and a decent UI, which was the hard part.

  36. whoever invented it the phone is a PITA by Grampaw+Willie · · Score: 0, Offtopic

    whoever invented the phone is a PITA and their phone is a PITA

    rudest gadget anyone ever came up with

    why is it the phone gets priority over:

    -- the person in your office talking with you

    -- your current task you are working on

    why is it the phone allows rude people to thrust themselves into your office and even into your home?

    the phone is definitely a modern invention that was NOT progress

    Samuel Morse had it right

  37. It's all in the accumulation of knowledge by jake-in-a-box · · Score: 2, Interesting

    "If I have seen further it is by standing on the shoulders of giants."

            Isaac Newton, Letter to Robert Hooke, February 5, 1675

    http://www.quotationspage.com/quotes/Isaac_Newton/

    --
    To hear the gods laugh tell them your plans.
  38. Re:The most interesting thing about this controver by SatanicPuppy · · Score: 5, Insightful

    I think you've got it backwards, actually. Implementation is cheap, once the idea is understood. If the only barrier was implementation, then there would be nothing new, only things that we knew could be done, that we have finally become able to produce.

    The reason for the patent system is to keep people from hiding their ideas away. The alternative to the patent system isn't free information, but severely protected, jealously guarded information. Products would be more expensive, because you'd have to safeguard the ideas that went into them by building misdirection into the product. Ideas could actually be lost, in cases where the inventor dies with his secret, which, of course, he'd be unable to share with anyone without endangering his livelihood.

    I don't disagree that the patent system is completely screwed up right now, but the solution is not to throw it away. It has a purpose.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
  39. Re:The most interesting thing about this controver by ShieldW0lf · · Score: 3, Insightful

    Edison definitely thought he knew this. He was a hack who had to use experiments to do everything, which is why he hired so many people to do the grunt work. To Edison, science was an industrial business process of data collection.

    Contrast this with the efforts of such as Tesla, and you see an example of genius at work. Genius is about intuition. It's about having a massive jumble in your head that you assemble into a coherent system by deduction, then test afterwards.

    Patents are about protecting people like Edison and those who make science a clever trick to hold over your fellow man and money off them. It's about protecting them from people like Tesla, who are idealistic and want to communicate the truths they see to be self-evident and see them exploited to the greatest degree possible, even if there's nothing in it for them.

    Patents are, and have always been, economic weapons used to keep other people from knocking the King of the Castle down from his perch. They are uniformly bad for progress.

    --
    -1 Uncomfortable Truth
  40. Not much to say by iminplaya · · Score: 1

    The system works.

    Lawyers, guns, and money... the shit has hit the fan

    --
    What?
  41. Re:The most interesting thing about this controver by Anonymous Coward · · Score: 0

    Did Massachusetts recognise Cerruti as the inventor of the telephone?

  42. Re:The most interesting thing about this controver by LWATCDR · · Score: 4, Insightful

    I just wish that we could put an end to the one answer myth.
    It is both.
    The phonograph is actually a prime example of the Great Man idea. No one was really working on the idea of recording sound until Edison invented the phonograph.
    The incandescent light bulb, the airplane, and radio where all inventions that where well on the way.
    The real answer is that sometimes it is a brilliant flash from the blue and other times it is a lot of great people working on a problem and one of them gets there first.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  43. Not as nice as it sounds... by Space+cowboy · · Score: 3, Interesting

    What is less known about that particular quote, is that it's actually a finely-crafted insult from Newton, aimed at Hooke.

    The two men had a very acrimonious relationship, and Hooke had accused Newton of "borrowing" ideas from him in the past. Hooke was a short man, and Newton's quote was basically saying "I have indeed made use of the discoveries of great men, but you are not one of those men". The implication is that Hooke was a midget in scientific terms, as well as in physical stature.

    Simon.

    --
    Physicists get Hadrons!
  44. Re:The most interesting thing about this controver by epine · · Score: 1
    The first time I heard the expression twenty years ago, "the exception that proves the rule", I thought it had the hallmarks of group think.

    Certainly you are right that the patent system has a lot invested in the "great man" mystique. I don't have a problem with this. What I have a problem with is that the patent system grants two orders of magnitude more patents than the number of great inventors justifies.

    In general, if society determines that a precious resource is scarce, the reward is vastly amplified. Your argument would justify a patent system where 1 to 10 percent as many patents were awarded, but the patent itself in those cases had far more profound powers.

    the concept of software patents is to utterly bogus and corrupt Your argument doesn't support this assertion. Your points would be better suited to putting forward an argument that there is so little shortage of innovation in modern society that we would be better off without the patent system altogether, as there is no practical way to implement the patent system where the benefits outweigh the abuses.

    I personally believe that Shuji Nakamura's work deserved a full measure of reward. Nor do I believe that cases like Nakamura are especially rare. The problem is that we've drowned the good work in sheep dip sea of patented mediocrity.

  45. eh...who cares, the system was and is corrupt. by haplo21112 · · Score: 2, Insightful

    The patent system is now and always has been corrupt. Bell deserves the credit in my mind because at least he built something and demonstrated making it work. This is the long existing problem with the patent system. Simply put make a real product, make it work, show it working and make it available OR : NO PATENT FOR YOU!

    The system needs to be reformed, any patent help by someone not actually using that patent to make available an actual product based on that patent needs to loose the patent. DONE. Going forward NO patents for anything that doesn't actually exist, and work. You have oh say 5 years from the filing of the patent to put the damn thing on the market, or it becomes invalid. If it goes off the market the patent also becomes invalid.

    No more of these patent IP holding companies that come out of no place when someone works up a brilliant concept to which they can then under some insanely broad banner claim rights to the idea.

    --
    Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
  46. Re:The most interesting thing about this controver by blueg3 · · Score: 2, Insightful

    In most of these cases, there's some communication between the individuals working on the same idea, but most of the work is done in private. Often the appearance of their work is different, though, even if it's fundamentally the same. (The calculus is a good example.)

    Even then, scientists and inventors were not that insular -- the foundations of all of these discoveries had been slowly generating through previous works. In more recent times, the communication within the scientific community makes this standard -- WW2 through the Cold War is full of examples where the same thing was invented twice.

  47. Lotsa inaccuracies by Ancient_Hacker · · Score: 3, Informative

    First of all, the Gray patent was for sending multiple telegraph signals over one wire, nowadays known as analog frequency-division multiplexing. Bell either had the same idea, or borrowed parts of Gray's ideas, and by accident, made a telephone. It seems a bit of a stretch to call Gray's idea a "telephone", as it was more like sending beep-boop-bork tones over one wire. Nothing to do with voice. ANd it's also a stretch to claim Bell "stole" the Telephone idea. Independent inventions happen all the time.

    1. Re:Lotsa inaccuracies by Anonymous Coward · · Score: 0
      Yes, but Eep Opp Ork means I love you!

      http://www.tvacres.com/music_songs_jetsons.htm/

    2. Re:Lotsa inaccuracies by westlake · · Score: 1
      the Gray patent was for sending multiple telegraph signals over one wire, nowadays known as analog frequency-division multiplexing. Bell either had the same idea, or borrowed parts of Gray's ideas, and by accident, made a telephone

      In the 1870s everyone and his brother was working on the "harmonic telegraph." No invention was closer or more urgently needed.

      That was how he got funding for his research.

      But it is not accidental that a man who had spent his life working with the deaf had become expert in the transmission of speech and sound.

      Not accidental that he understood what had become possible when multiple tuning forks could be set vibrating by a single electrical current.

  48. Re:The most interesting thing about this controver by Znork · · Score: 1

    "Genius is about intuition. It's about having a massive jumble in your head that you assemble into a coherent system by deduction, then test afterwards."

    Of course, lock a genious in a cellar for fifty years of uninterrupted invention and what do you get?

    I mean, really. If you had an average genious and stuck them in a cellar in 1957 and let them out today, would they have a bunch of marvellous inventions? Or would they have a bunch of stuff that would have been marvellous inventions in 1958?

    Even the best genious requires the input of the entire world to create the massive jumble from which they take the intuitive leaps, and the progress of a million monkeys building upon eachothers advances inevitably outpaces the single geniouses.

    "It's about protecting them from people like Tesla"

    I'd say it's more about protecting them from competition and further progress. They could always libel, ostracise and marginalize people like Tesla. They might not be able to do the same thing to another businessman who took Teslas ideas and produced competetive and cheaper or better products.

    "They are uniformly bad for progress."

    Without a doubt.

  49. Re:The most interesting thing about this controver by jargon82 · · Score: 2, Insightful

    it's possible that it's because they are actually spending R&D dollars that others don't have. Unlikely, I know. But possible.

  50. Re:The most interesting thing about this controver by iocat · · Score: 4, Insightful
    Right, because Tesla was forbidden from seeking patents on his stuff? Tesla was a genius, but there's no intirsic goodness in being a poor businessman and letting yourself get screwed.

    Edison was more commercial, but again, you simply cannot use that fact to discount his contribution or the number of inventions he and his team created. The breakthrough with the lightbulb wasn't knowing how to make a lightbulb -- everyone in the field had the basic idea already -- it was findng a filament that didn't burn out after ten seconds. Edison's team tried THOUSANDS of filaments before they found one that worked. By applying brute force, Edison and his team did more good than any number of people who had great ideas but couldn't productize them.

    --

    Dude, I think I can see my house from here.

  51. You mean... by tomcode · · Score: 2, Insightful

    He really didn't invent the chair with extra legs and the electric hammer?

    --
    f u cn rd ths u cn gt a gd jb n cmptr prgmng
  52. Re:Benazir Bhutto Successful Assassination - 27 De by MightyYar · · Score: 1

    What an odd hobby you have.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  53. Right... by maillemaker · · Score: 1

    Next time you need a cop, ambulance, or a fireman, be sure to break out the signal lamp. :)

    --
    A work that expires before its copyright never enters the public domain and thus enjoys eternal copyright protection.
  54. Patents don't promote disclosure by pieterh · · Score: 4, Insightful

    Trade secrets are very hard to keep in any case. There are a million ways that trade secrets leak out, most trivially by people taking a good look at the products in question. If a secret could be really kept, the person holding it would not seek a patent. There would be no point. Secrecy is a cheaper and more efficient protection for a market, if it's possible. The patent protects ideas that cannot be otherwise protected. So in fact you have it completely backwards: the patent system protects ideas that are otherwise unprotectable.

    And since disclosing ideas before they are patented is harmful to getting a patent, the patent system actually discourages disclosure and promotes secrecy.

    Society gets the worst possible deal - monopolies in exchange for ideas that would become public knowledge anyhow, and increased secrecy in areas where collaboration is needed for innovation.

    It's not a sane system. It exists because of the logic of power and money and history, not economic logic.

    1. Re:Patents don't promote disclosure by servognome · · Score: 2, Informative

      Trade secrets are very hard to keep in any case. There are a million ways that trade secrets leak out, most trivially by people taking a good look at the products in question.
      There are many types of trade secrets. Knowing how to make something in a unique way won't necessarily come out by just looking at a product. Patents aren't just about revealing an idea, but how to actually realize it
      Further not everything is easy to identify just by inspection. For example chemcial compounds are difficult to reverse engineer, and reverse engineering in itself is very expensive. Patents allow anybody to have an understanding on making something, not just big corporations who can afford resources to reverse engineer.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    2. Re:Patents don't promote disclosure by Salis · · Score: 1

      Chemical compounds can be very easily reverse engineered (for example, small molecule drugs). You take a sample of it and put it in a mass spectrometer. The molecule gets fragmented and the identity of each fragment is determined by a mass-to-charge ratio and other observations. Then, from a very very very (very!) large database of identities of fragments, the original molecule can be determined. For really small molecules (many drugs), you don't even need to fragment it. This all takes about 20 minutes.

      The barrier to entry for reverse engineering drugs is not determining the identity of the drug. It's a legal barrier (ie. its patent). Once the 17 years are up, a company can produce a generic version in about 6 months (compared to the 5-10 years of development time).

      --
      Favorite /. tagline: "On the eighth day, God created FORTRAN." And it was good.
    3. Re:Patents don't promote disclosure by servognome · · Score: 1

      You take a sample of it and put it in a mass spectrometer. The molecule gets fragmented and the identity of each fragment is determined by a mass-to-charge ratio and other observations. Then, from a very very very (very!) large database of identities of fragments, the original molecule can be determined.
      Great you identify all the fragments present, now figure out how to put them all together. Even more fun is when you have non-homogeneous compounds, or when you have a polymer with small amounts of dopants or mixture of isomers.
      Again even when you can reverse engineer, it's still expensive.

      It's a legal barrier (ie. its patent). Once the 17 years are up, a company can produce a generic version in about 6 months (compared to the 5-10 years of development time).
      Exactly. So most companies aren't going to spend 5-10 years of investment developing something that anybody else can produce in 6 months.
      Besides, there are many uses of chemicals outside of medicine. In fact, with all the regulation the drug industry isn't worried about reverse engineering as that information will come out in their legal documentation.
      There are lots of chemical "special recipes" used in a variety of industries, from adhesives to electronics that are kept trade secret, and are more trouble to reverse engineer than what it's worth.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    4. Re:Patents don't promote disclosure by Salis · · Score: 1

      Oh, I'm sure there's loads of "special recipes" that people have come up with to solve a particular problem. But, for any single problem, there's probably a dozen recipes that equally solve it. The reason why no one patents them is because they're so easily substitutable and they don't make $$$. Hint: that's the most important part ... if it doesn't make $$$, people don't patent it ... and it's not really worth reverse engineering that particular recipe (unless you have to solve the problem, and then you can come up with just about any chemical that does the job).

      --
      Favorite /. tagline: "On the eighth day, God created FORTRAN." And it was good.
    5. Re:Patents don't promote disclosure by Anonymous Coward · · Score: 0

      An example of lying with the truth:

      And since disclosing ideas before they are patented is harmful to getting a patent, the patent system actually discourages disclosure and promotes secrecy.

      Temporary secrecy, during which no public use can be made of the invention, and during which another party can file/disclose first and blow the patentability out of the water.

      And what do we have here? Oh, look, another example of lying by omission:

      Society gets the worst possible deal - monopolies in exchange for ideas that would become public knowledge anyhow, ...

      Which neatly dodges the real question: Does the inventor of an inevitably-publicizable idea have an incentive to create it in the first place? Very few people spend a decade studying, then another decade living in poverty, with their equipment and supplies provided by a rain of money from Heaven, to simply give away the fruit of their labor to the slickest marketing firm.

      What we have here, ladies and gents, is the Michael Moore of patents. Richard Stallman at least has the decency to make sense.

      It's not a sane system. It exists because of the logic of power and money and history, not economic logic.

      Tell ya what, Mr. Ideological Purity, try living without most modern drugs, crops, alloys, semiconductors, and engines. Come back in a year and if you're still alive we'll give your patent reform ideas a thorough hearing.

    6. Re:Patents don't promote disclosure by servognome · · Score: 1

      But, for any single problem, there's probably a dozen recipes that equally solve it. The reason why no one patents them is because they're so easily substitutable and they don't make $$$.
      You're partially right, you don't patent when it a substitute can easily be developed. The problem is just because a substitute can easily be developed by somebody looking at the patent doesn't mean it's trivial to develop in the first place; and just because there is a substitute that's close doesn't mean it can exactly mimic the properties a customer wants. Hence you have a lot of trade secrets in the chemical industry.
      Many things like plating bath chemicals, polymer dopants, underfill compositions are all things that once published can easily be copied and changed enough to get around a patent. Yet those things are extremely difficult to reverse engineer, and can provide a significant technical advantage over the competition.

      Hint: that's the most important part ... if it doesn't make $$$, people don't patent it ... and it's not really worth reverse engineering that particular recipe (unless you have to solve the problem, and then you can come up with just about any chemical that does the job
      If you have product A, B, & C that work, but product A works a little better then the trade secrets around product A will net the maker more $$$. The question on whether or not to patent those trade secrets is how important it is, how easy it is to get around, and how easy it is to detect whether or not somebody is infringing. Another reason you won't patent is because unless you can show through reverse engineering that the suspect product is infringing, you can't bring a case against them. So sometimes the best way to protect your ideas is keep something a trade secret if it is difficult to prove somebody is infringing on your patent.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    7. Re:Patents don't promote disclosure by bit01 · · Score: 1

      Patents allow anybody to have an understanding on making something.

      So that would be why patents are routinely made as unintelligible as possible and engineers are routinely told to avoid doing patent searches when developing products to avoid "willful infringement" penalties.

      Patents are little more than a racket by the patent bureaucracy now. Not surprising when you consider that in a growing population now in the billions it's statistically likely that multiple people will invent the same thing once the prerequisites are available and the disadvantage of billions of people being blocked from using an idea can vastly outweigh the benefit of encouraging (NOT enabling) a few to discover the idea.

      The patent entrenched interests love to handwave about how people won't create without patents; it just shows how out of touch with reality they are.

      ---

      Like software, intellectual property law is a product of the mind, and can be anything we want it to be. Let's get it right.

    8. Re:Patents don't promote disclosure by servognome · · Score: 1

      So that would be why patents are routinely made as unintelligible as possible and engineers are routinely told to avoid doing patent searches when developing products to avoid "willful infringement" penalties.
      Patents are legal documents so must be worded carefully to stand up in court. As for the "willful infringement" that's just the lawyers covering their ass. Many companies have people (or hire other companies) do patent searches as part of industry intelligence, but also have in place systems to reduce the legal risk of possibly tainting their own development programs.

      The patent entrenched interests love to handwave about how people won't create without patents; it just shows how out of touch with reality they are.
      People will create, but the rate will decrease without investment.

      The bigger problem is that the world has become more about legal system than the actual law or even common sense. The rich can bully/abuse the patent system by using the legal system at every single stage of the process until they get their way.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    9. Re:Patents don't promote disclosure by bit01 · · Score: 1

      People will create, but the rate will decrease without investment.

      Maybe, maybe not. In a population of billions it may well be that without the chilling effect of patents much more will be created as huge numbers of people build on freely reusable ideas to keep ahead in business. e.g. In the early days of the software industry.

      ---

      Has your software been deliberately crippled?

    10. Re:Patents don't promote disclosure by servognome · · Score: 1

      In a population of billions it may well be that without the chilling effect of patents much more will be created as huge numbers of people build on freely reusable ideas to keep ahead in business. e.g. In the early days of the software industry.
      The early days of the software industry had problems with investment because there was no certainty programs were covered by copyright. Yes there was still development, but there wasn't diversity in development projects, because there was supplier rather than customer driven development. Open source development for example tends to focus on popular things for the hobbyists, and not necessarily those things with real business value.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
  55. You've got the story wrong by IvyKing · · Score: 1
    The idea of heating a wire to incandescance predated Edison's light bulb by at least a couple of decades. The problem was that the filaments of the previous light bulbs had such a low resistance that it wasn't practical to use a remote generator. What Edison did do was find a material (charred bamboo) that had both a high resistance and withstood very high temperatures. These bulbs could run off 120VDC - which is why the US residential voltage is 120V. He was aided in this process by the then recent development of a mercury vacuum pump


    What most conventional histories of Edison and the light bulb ignore is that Edison's group developed a lot of the infrastructure for an electric lighting utility. These included improved dynamos, metering systems, etc.

    1. Re:You've got the story wrong by s_p_oneil · · Score: 1

      Actually, I read that he stole a number of ideas for those from Tesla (including a number of his improvements for dynamos). He also spent an awful lot of time and energy denouncing Tesla and his idea of alternating current. Most of the recent things I've heard about Edison paint him as more of a businessman and a patent squatter than an inventor, much like Bill Gates in our time.

  56. Re:The most interesting thing about this controver by jelle · · Score: 1

    "Ideas could actually be lost, in cases where the inventor dies with his secret, which, of course, he'd be unable to share with anyone without endangering his livelihood."

    First of all: Sure, nobody uses trade secrets today, eh? And second of all, an 'idea' is not worthy of a patent. If it were then I'd have a pile of patents every week.

    With the quality of 99 out of every 100 patents being granted today, nobody would care if the 'idea' would forever be 'lost', because first of all those patents do not describe anything nobody else has already thought of, and second of all they are written in a language that only a patent lawyer can read (e.g. useless for everybody else).

    --
    --- Hindsight is 20/20, but walking backwards is not the answer.
  57. Re:The most interesting thing about this controver by morcego · · Score: 4, Interesting

    is it really so strange that two people with have the same idea, given that they have the same technology, the same lack in technology, etc...?


    Actually, no. There is always a relationship somewhere. All technologies these days (and for the past decades, or maybe centuries) is based on something previously in existence, be it a technology, ideas, concepts etc.

    Also, you are correct the lack in technology is a great factor. Most creations are made to solve a given problem already in existence. You can see it on the F/OSS movement: scratching your own itch, I think they call it.

    The problem is there are always too many things to consider, so a correct historical analyzes is usually not possible. Historical researchers can only do so much.
    --
    morcego
  58. Re:The most interesting thing about this controver by I(rispee_I(reme · · Score: 1

    "The first time I heard the expression twenty years ago, "the exception that proves the rule", I thought it had the hallmarks of group think."


    In one of his F&SF essays, Isaac Asimov, asserts that the expression assumes the third definition of "prove": "To determine the quality of by testing; try out."

    That is really the only sense in which an exception could be said to prove a rule, at any rate. Now I seem to remember the essay applying that idea to the expression:

    "The barber cuts everyone in town's hair, except for those who cut their own. Who cuts the barber's hair?"
  59. Re:The most interesting thing about this controver by werfele · · Score: 1

    The first time I heard the expression twenty years ago, "the exception that proves the rule", I thought it had the hallmarks of group think.
    I think you've misunderstood the expression. The "proves" in the expression is the (perhaps somewhat outdated) second meaning in Merriam-Websters, "to test the truth, validity, or genuineness of." The point is that the exception ought to make you rethink the general applicability of the rule.
  60. Re:The most interesting thing about this controver by cHiphead · · Score: 1

    Patents are not part of a "free market system", and like Copyright (big C not little c), they are a stain on a free and democratic society. Additionally, Democracy and Freedom are more important than capitalist 'free markets', so I guess the entire point is moot.

    Cheers.

    --

    This is my sig. There are many like it, but this one is mine.
  61. Re:The most interesting thing about this controver by Zmee · · Score: 1

    This Great Men vs. Zeitgeist theory was played out in Philosophy of Science in the 70's (see Karl Popper's "Science: Conjectures and Refutations" and Thomas Kuhn's "Logic of Discovery or Psychology of Research").

    I personally believe the famous quote by Sir Issac Newton, "If I have seen further [than certain other men] it is by standing upon the shoulders of giants." I interpret this to mean that there is a requirement for both - the air of discovery and a certain talent for combining data.

    Interestingly enough, the same issue was played out in the invention of Calculus. There was a requirement and two very talented individuals came up with exceedingly similar solutions. In this case, there is enough evidence to discount collusion, but it is still an interesting case study.

  62. Re:The most interesting thing about this controver by Anonymous Coward · · Score: 1, Insightful

    >Implementation is cheap, once the idea is understood.

    Oh, like fusion?

  63. Re:The most interesting thing about this controver by Z00L00K · · Score: 1
    There are great businessmen - and the work by them are often shaded by dirt in some parts. Of course - it's a little late for the Bell/Gray patent to be resolved, but it also brings forward that the patent purpose of "first come - first served" may be flawed.

    In science where patents aren't part of the problem there is still the "first come - first served" problem, but in that case the secondary contributions doesn't have to be dismissed - they can actually improve parts of the first contribution with only a small risk of the risk of costly lawsuits. It's more the cost of pride that can cause problems in the science world. (OK, you may miss the Nobel prize - but it's just a frosting on the cake if you take a wider view)

    Even if patents weren't we would still have had progress. There are always people that tends to keep secrets (look at the military) and some inventions are never documented (some persons are bright but can never stop and put down their ideas on paper). Leonardo daVinci was quite the opposite - he actually left a lot behind for others to take up. Not everything may be useful - like the helicopter.

    And as conceived before - the persons that benefits most from patents are the lawyers. Safe money regardless of the outcome of a case!

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  64. Re:Rubbish - Bzzt. Thanks for playing. by bbhack · · Score: 1

    In 1876, a working model was still required by the USPTO.

    http://en.wikipedia.org/wiki/Patent_model

    --
    The next thing to remember is to put next things next.
  65. Re:The most interesting thing about this controver by DaveWick79 · · Score: 1

    This is a fantastic point, because being able to produce a product that works is much more important than the idea itself. Invention is not so much about ideas as it is about putting ideas to work in a way that is both affordable and usable.

  66. Ideas are dime a dozen by ZonkerWilliam · · Score: 0, Redundant

    Typically if someone comes up with an idea there's a dozen others who have thought of it too, it's the one who goes ahead and makes it/markets it/sells it that usually separates the successful one.

  67. Another example of tech over science by Sleen · · Score: 1

    How is this considered Science? Why is this in the science section?

    Answer: We don't know what science is anymore and think anything technological is scientific.

    Example: Look at the Sci/Tech section of google news. It does not contain any science, but is entirely geek garbage tech that is mostly M$ coverage. From Google this is not surprising, but could not be further from science. This confusion between science and technology is very common and in my opinion comes from a collective preference for entertainment over reality. Slashdot is no different.

    Not very impressive, Timothy.

    1. Re:Another example of tech over science by DynaSoar · · Score: 1

      > How is this considered Science? Why is this in the science section? Answer: We don't know what science is anymore and think anything technological is scientific.

      It's in the science section because technology is applied science; basic inventions require scientific research.

      And because the people who do science and/or technology understand that there is no clear boundary but rather they are shades of grey of each other.

      At least that's how I see it, as someone who does scientific research and technology development.

      But it was mostly because there was no technology section for me to submit it under. What you perceive as a global inability to differentiate that which people don't differentiate according to your assumptions is in fact a function of the arbitrary categorization built into the article submission process.

      --
      "I may be synthetic, but I'm not stupid." -- Bishop 341-B
  68. Re:The most interesting thing about this controver by MarcelS · · Score: 1

    Ironically David Sarnoff founder of RCA(originalparent company of NBC and MSNBC)performed a similar sleight of hand by "inventing" television ,conveniently bypassing Philo Farnsworth. This stuff happens all the time. It's the "investor" rather than the inventor that sells the product which is what it's all about anyway Most inventors forget that the invention(even when patented) is of no profit to them without the means of sales and distribution and fail to prepare adequately for this. Marcel Sislowitz

  69. Re:The most interesting thing about this controver by anethema · · Score: 1

    Actually, here is a nice little time line describing how Tesla was the first to demonstrate, patent, etc a radio.

    http://www.mercury.gr/tesla/marcen.html

    From other sources, it appears that Marconi directly used Tesla's inventions (patented) in his demonstration of cross Atlantic radio communication.

    Other than being a good business man and furthering the use of radio, he really had very little to do with its invention.

    --


    It's easier to fight for one's principles than to live up to them.
  70. Jamaica by euice · · Score: 1

    I for sure know, the telephone was invented in Jamaica, as a taxi driver there told me: "yah man, dis is de place of the first telephone. It was an old man who invented it. But he had nobody to call and so he had put it away"

  71. Um, No. by cliveholloway · · Score: 3, Interesting

    Meucci had a voice link from his workshop to his mother year's before Bell's "patent". He'd been suing Bell for years when he ran out of money/died. It's pretty well established that Bell stole his patents. I think If you read the page linked to in the relevant foot note, you will see it's not as cut and dried as you selectively quoted. And who is Tomas Farley anyway? I can't see anything in Wikipedia quoting him as an expert on anything.

    What we do know is that Meucci's sample hardware submitted to the Patent Office was "mislaid", and that one of Bell's close business associates worked at the Patent Office. Coincidence maybe, but worth investigating deeper than pulling a random quote from Wikipedia by an unknown source.

    --
    -- Trinity in high heels carrying a whip: The donimatrix - there is no spoonerism
    1. Re:Um, No. by Repossessed · · Score: 1

      My understanding is that Bell/Gray's telephone was far from the first working voice link, it was simply the first practical one. Both Meucci and another man (I think out of Germany), had working telephones. However, the one Bell patented used an entirely different method. The claim goes more torwards the first *practical* telephone.

      Given that Meucci's phone was developed 40 years before Bell's, and completely failed to catch on, I'd assume there must have been something horribly wrong with it.

      --
      Liberte, Egalite, Fraternite (TM)
    2. Re:Um, No. by Anonymous Coward · · Score: 0

      Given that Meucci's phone was developed 40 years before Bell's, and completely failed to catch on, I'd assume there must have been something horribly wrong with it.


      I'd assume he didn't know how to market it.
  72. Worse examples by fishbowl · · Score: 1

    If you want to get worked up over something like this, look up the stories of Philo T. Farnsworth or Nathan Stubblefield.

    --
    -fb Everything not expressly forbidden is now mandatory.
  73. Close only counts in horseshoes by westlake · · Score: 4, Interesting
    Bell's patent was filed February 14, 1876. In March the first sentence is transmitted over Bell's telephone. In June of 1876 he is exhibiting the telephone at the Philadelphia Centennial Exposition:

    The Emperor of Brazil, Dom Pedro was in attendance. Dom Pedro was an acquaintance of Bell, meeting him at the Boston School for the Deaf.

    Apparently the judges were going to ignore Bell and his telephone. But Dom Pedro attracted their attention by going to the exhibit and greeting Bell. Bell gave Dom Pedro the receiver. As Dom Pedro listened to Bell recite Hamlet, Dom Pedro heard every word and exclaimed "My God, it talks!" The papers covered this historic event and the telephone was launched.

    How disenchanting for Elisha Gray. He was at Dom Pedro's side at the Centennial Exposition.

    On this same day of Bell's demonstration to Dom Pedro, June 25, General George Custer met his unfortunate death in the hills of Little Big Horn, Montana. Alexander Graham Bell

    So there you have it.

    Bell was reading Hamlet from the the main building one hundred yards away,

    If Elisha Gray has a telephone ready for public demonstration in the spring of 76 why is he standing on the sidelines when Bell strikes gold at America's first World's Fair?

    In June of 1877 the future AT&T is not only a viable commercial enterprise but a clear threat to Western Union. If Gray hasn't spent the year sleeping at the switch why doesn't he have a marketable product to compete with Bell?

    To the Wrights, the central problem of flight was control in three dimensions, an insight that evolved naturally from their work with bicycles, and eluded others like Langley with far greater resources. Elisha Gray was an electrical engineer. Bell an expert in speech and hearing. Bell needed a technician to construct his apparatus.

    But there is no question that he was headed in the right direction and moving very quickly near the end.

    1. Re:Close only counts in horseshoes by DamnStupidElf · · Score: 1

      Elisha Gray was an electrical engineer. Bell an expert in speech and hearing. Bell needed a technician to construct his apparatus.

      As usual, the geeks lose and the businessmen who can't actually do anything on their own win. That's the system that patents perpetuate. The knowledge of how to make other people do things is favored over knowing how to actually do them yourself.

    2. Re:Close only counts in horseshoes by westlake · · Score: 1
      the geeks lose and the businessmen who can't actually do anything on their own win.

      The Geek was building a multiplex telegraph.

      Bell was learning how speech and music could be carried over a wire. The fax machine and mechanical television await only the invention of a practical photocell. Bell lived long enough to witness the beginning of radio broadcasting.

  74. For the record... by Dimwit · · Score: 1

    Elisha Gray was my great, great, great grandfather.

    That is all.

    --
    ...but it's being eaten...by some...Linux or something...
    1. Re:For the record... by anilg · · Score: 1

      I figured that from your name.. /duck

      --
      http://dilemma.gulecha.org - My philospohical short film.
  75. Re:The most interesting thing about this controver by Bill_the_Engineer · · Score: 2, Interesting

    Don't forget that the patent establishment has invested a huge amount of money and effort, over the last 150+ years, to promote a mythology to support its claims to perpetuate its system of exclusive privileges. The myths are deep and taken as real by many who should be more skeptical. I debunked the main myths on Free Software Magazine.

    One of the big old myths is the "inventor" and "invention" myths. In fact, innovation is well understood (since the mid-1800's at least) to be a social effect, driven by market demand for new products and enabled by technological progress. Produce a new material in cheap enough quantities, and dozens of "inventors" will come up with similar new applications for it.

    There is little doubt that since "necessity is the mother of invention" several individuals would be working independently to solve the same problem. The "social effect" can be little more than trying to fill a need (or more aptly trying to satisfy demand). If there is demand for a solution, then naturally you would have more than one person looking to meet that demand (and possibly earn a living doing it).

    In addition, as the technical aptitude of the populace increases the likelihood that someone would build "a better mousetrap" increases. Taking this into consideration, these social effects could be simply what you would expect statistically given a large enough population.

    So the real question becomes, does the likelihood of multiple individuals creating a similar solution to solve a particular problem diminishes the justification of the patent system? No. It simply rewards the first one who created a working solution.

    The next question becomes, does the patent system improve society since it rewards the innovator with a temporary monopoly in exchange for disclosing the method to how the problem was solved? Yes. Before the patent system, there were secret societies and guilds that kept their monopoly by keeping their methods secret and exerting political pressure within a township. We have the technological savvy today because others are able to learn from these disclosures.

    So why is the patent system being attacked? Well on one side you have an overworked and poorly equipped staff of the patent office that must deal with applications written by lawyers that have mastered the art of bullshit. On the other side, you have a generational shift from the "That idea was so simple, I'm surprised that I didn't think of it first" to the "That idea was so simple, it is blatantly obvious and I could have gotten a patent on it earlier if I wanted to." Of course this is a gross simplification of the generational shift, but it does accurately portray the attitude of most of the comments posted here on slashdot.

    Is the patent system perfect? Hell no.

    The controversy over the patent system has more to do with patentability of software than the existence of the system. So does software algorithms deserve patent protection? No. Does a method of performing something tangible that may include a software component deserve a patent? Maybe. I leave it to the reader to look at the many slashdot discussions that have been made in the past...

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  76. Re:The most interesting thing about this controver by servognome · · Score: 1

    >Implementation is cheap, once the idea is understood.

    Oh, like fusion?
    The idea on how to implement is still being formulated, once you have that design its pretty easy to build
    --
    D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
  77. Re:The most interesting thing about this controver by AvitarX · · Score: 1

    What good did all of those people with the same idea do us?

    It took one person investing a lot of resources into it to find the working solution. The geniuses will continue to do their research, but the unglamorous part needs to be profitable or no one will want to do it.

    In what way did Eddison's patents hold back Tesla? (this is a real question, I thought Tesla was very theroretical, and didn't realize that he was hampered by patents at all).

    Eddison took the theroretical and made it something I could buy, and it was an expensive thing to do. He could do it quicker than anyone else, because he was willing to sink the resources into it. In 15 years we all win from his brute force effort (and if the monopoly is not abused too much we could all win instantly).

    I (as you) believe that people like Eddison typify what the patent system was supposed to do, we just look at them differently. The extreme case of this brute forcing an invention is in the medical industry. Do you really think we would have drugs developed without patent protections?

    --
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  78. Re:The most interesting thing about this controver by jgeeky · · Score: 2, Insightful

    perhaps this theory of determinism over individualism is more fitting when looking at niche inventions. when society needs a certain concept, or innovation, and there exists a finite number of solutions, and within those, a single - or even several a la Edison/Tesla - feasible solution, it is more like that the individual is less important.

    in terms of history at large, i don't know that it is so easy to say that the individual does not account for the majority of the history. looking at post ww1 germany, it is clear that almost any strong-minded person could have stepped in and scapegoated any aspect of german society. this occurred similarly in spain, post spanish-american war. low and behold, both countries ended up under the tyranny of fascism. of course, we know that while the inception was similar, the outcomes of the two countries were certainly different. - on a side note, here, ww2 is constantly referred to as the war that ended fascism, though franco was the de facto king of nationalist/fascist spain until the mid 1970s.

    so, it may be true to say that it is circumstance (determinism) that is the greatest father of history, but also that individualism (or the "great man" as it was put) certainly changes outcome.

    --
    in the immortal words of socrates, "i drank what?"
  79. Re:The most interesting thing about this controver by vimh42 · · Score: 1

    "I used to be a big proponent of "Great Men" history myself, but stuff like this gives me pause."

    I've always liked the term 'One in a Million'. Ok, so if your idea is one in a million. Think about how many others across the globe had that idea. Not to discredit great ideas or anything. But stories like this certainly give me pause as well. Give credit where credit is due certainly. But giving credit to the person who hit the patent office first and talked to the right people is a bit stupid.

    I should have been a patent lawyer so I could have helped pick the winners.

  80. nobody has shown it's working by nguy · · Score: 1

    I think you've got it backwards, actually. Implementation is cheap, once the idea is understood. If the only barrier was implementation, then there would be nothing new, only things that we knew could be done, that we have finally become able to produce.

    And the evidence for this assertion is... what exactly?

    The reason for the patent system is to keep people from hiding their ideas away

    That is the justification. But if you look at how the patent system is actually being used, people still hide away a lot of important stuff, and the actual underlying inventions are often developed at universities and with public funds.

    I don't disagree that the patent system is completely screwed up right now, but the solution is not to throw it away. It has a purpose.

    It has an intended purpose; whether it actually accomplishes that purpose is something that has never been established.

    FWIW, I don't think sudden changes in the patent system are a good idea. But there are a bunch of things that need to be implemented over time:

    * standards for patentability need to be raised considerably
    * patent holders need to submit working samples and schematics/source code for any product they intend to protect
    * the presumption that an issued patent is valid needs to be removed; during a court challenge, the patent holder needs to defend the validity of the patent
    * it needs to become easier to challenge patents
    * lack of enforcement or use needs to lead to a loss of the patent
    * we need to use public policy to decide what classes of inventions ought to be patentable
    * groups like MPEGLA may need to get broken up under anti-trust enforcement

    1. Re:nobody has shown it's working by SatanicPuppy · · Score: 1

      I think the evidence is self-evident. If I told you how to make a pie, you could then go make a pie. If I gave you fruit, sugar, butter, flour, and an oven and said, "Make me something" it's unlikely that you'd come up with a passable pie, and nearly impossible if the idea of "pie" hasn't even touched your consciousness.

      The idea for a patent system is that you can register your idea for a reasonable period, after which it becomes public. Yes, this is being abused. The solution is to return to the original idea of patents of limited duration, and also to cease granting obvious patents. I'm not sure what you mean about things being "hidden" in patents. If you patent something, it's not hidden by definition, because you have to spell it out.

      I agree with your assertions 1,2,4 and 8. I think 1 and 2 properly applied make 3 pointless, and I think 3 by itself would cause too much extra work if 1 and 2 are functioning as they ought to be. I think 5 should be replaced by sensible expiration dates on patents, and I think 6 needs to be worked out by people who know what the hell they're talking about, which has nothign to do with the public.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    2. Re:nobody has shown it's working by nguy · · Score: 1

      The idea for a patent system is that you can register your idea for a reasonable period, after which it becomes public.

      Of course, that's the idea. That's a potential benefit. There are also costs, including the fact that patents not only encourage innovation, they also discourage it. The question is whether the benefits outweigh the costs, and it is far from "self-evident" that they do. In fact, in a number of application areas, economists have done the math and found that the benefits are smaller than the costs.

      I'm not sure what you mean about things being "hidden" in patents. If you patent something, it's not hidden by definition, because you have to spell it out.

      Patents often leave out essential detail that is necessary to create useful implementations, yet such patents routinely hold up in court. As a result, patents fail to accomplish their intended purpose: disclosure in a form that would allow the public to use the invention after the patent terms is over.

    3. Re:nobody has shown it's working by SatanicPuppy · · Score: 1

      Well, again, I think this is more a problem of how it's working right now than a problem with how it would work if it were working correctly. Bad patents should not be granted. Incomplete patents should not be granted. Patents for trivial changes should not be granted (drug companies, I'm looking at you! Changing the dose and treatment schedule on a drug doesn't make it a new drug.)

      I actually think patents tend to encourage a bit of innovation, as long as you're not in a situation like now where people are allowed to patent the most vague crap. If the most obvious way to do something has been taken, it pays to try and find another way, and that other way may be better, or may lead to more interesting research. After a time though, I think that original application should become public domain, so that the hobbiests and tinkerers can have their fun with it, and wring applications out of it that the original creators never dreamed possible.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    4. Re:nobody has shown it's working by nguy · · Score: 1

      Well, again, I think this is more a problem of how it's working right now than a problem with how it would work if it were working correctly.

      The way things work is determined by laws, so if things aren't working correctly right now, then the laws need to be changed.

      I actually think patents tend to encourage a bit of innovation,

      Sure. And at the same time, they also discourage a lot of innovation. Until proponents of patents can conclusively demonstrate that the benefits outweigh the costs, there is no justification for having a patent system at all.

  81. Re:The most interesting thing about this controver by Shakrai · · Score: 4, Funny

    That's a lot of people; is it really so strange that two people with have the same idea

    Does that mean if L. Ron hadn't invented Scientology somebody else would have? ;)

    Scary thought.....

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  82. Only one way to find out, Wiggum's way by Provocateur · · Score: 1

    Can't we have one meeting that doesn't end with digging up a corpse?

    --
    WARNING: Smartphones have side effects--most of them undocumented.
  83. You contradict youself. by HornWumpus · · Score: 1
    Quote:

    It exists because of the logic of power and money and history, not economic logic.

    The logic of power and money is economic logic. Try again, this time with reason and logic.

    Further you point out that the patent system discourages disclosure prior to a patent being issued? Can you name a system that encourages disclosure that early in the process and still rewards innovation? (Scientific method perhaps, but the rewards for innovation are weak absent a patent system.)

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  84. Re:The most interesting thing about this controver by ArsonSmith · · Score: 1

    "free market" is core to Freedom. All other systems are designed to reduce your freedom.

    --
    Paying taxes to buy civilization is like paying a hooker to buy love.
  85. Re:The most interesting thing about this controver by Spokehedz · · Score: 1

    Arguing over religion is like arguing over who's invisible friend is better.

  86. Re:The most interesting thing about this controver by Anonymous Coward · · Score: 0

    >The idea on how to implement is still being formulated

    I'm the immediate parent AC of your post.

    I think you've actually made my point: the parent of my post was dividing the matter into two parts: (1)Idea & (2)Implementation. You're further subdividing it into (1)Idea (concept) / (2)Implementation Idea (design) / (3)Implementation (construction). By your subdivision, yes, the "middle" part is hard, and the last part is *relatively* easier. Of course, we can do an infinite regress on your part (3). The "patent line" could be drawn at any of those stages.

  87. I didn't realize by thegnu · · Score: 1

    I didn't realize that when Edison said that invention is 99% perspiration, he was talking about the walk down to the patent office.

    *ducks*

    --
    Please stop stalking me, bro.
  88. Re:The most interesting thing about this controver by catchblue22 · · Score: 1

    Alexander Graham Bell was the Bill Gates of his time.

    --
    This and no other is the root from which a tyrant springs; when first he appears as a protector - Plato (423 to 327 BC)
  89. Re:The most interesting thing about this controver by GreggBz · · Score: 1

    ....or Steve Wozniak. *ducks

  90. Re:The most interesting thing about this controver by Anonymous Coward · · Score: 0

    No, it's not surprising at all. It is, in fact, the exact phenomenon under discussion. Try to pay more attention.

  91. Re:The most interesting thing about this controver by ShieldW0lf · · Score: 1

    In what way did Eddison's patents hold back Tesla? (this is a real question, I thought Tesla was very theroretical, and didn't realize that he was hampered by patents at all).

    Let me just throw out some quotes about that subject:

    Thomas Edison did not fully understand the light bulbs that he himself had invented. Though the carbon filaments would work from AC or DC current equally well, Edison himself believed his electric lights would only work with DC. It was to be years before he learned of his error. In any event, when Tesla first arrived in America in 1884, Edison had a large vested interest - both financial and emotional - in the DC power plants which he had been building, and which the "robber baron" J. Pierpont Morgan had been financing.

    When Tesla arrived in the United States and sought Edison's backing for his new AC devices, therefore, Edison refused to listen.

    "Hold up! Spare me that nonsense. It's dangerous. We're set up for direct current in America. People like it, and it's all I'll ever fool with."

    Nonetheless Edison offered him a job, promising Tesla fifty thousand dollars if Tesla could redesign Edison's breakdown-prone DC generator designs. Tesla agreed and worked for the better part of a year redesigning the dynamos, also adding new automatic controls of Tesla's own design. The new generator designs were a vast improvement over Edison's originals. Upon completing the job Tesla went to Edison to collect the $50,000 promised for the task.

    "Tesla," Edison replied, "you don't understand our American humor." And Tesla was never paid.



    That's how Edison and Tesla got started, with Edison, who didn't have a clue why or how anything he was doing worked, ripping Tesla off. Eventually, after working labour gangs to survive, he caught the attention of Westinghouse and developed our modern AC power systems.

    The agreements between Westinghouse and Tesla called for Tesla to recieve a royalty of two dollars and fifty cents for every horsepower of AC equipment sold. The royalties would be enough to make Tesla one of the wealthiest men in the world. (Were such royalties to be paid on equipment in use today, the royalties on AC generators alone would be worth more than seven and a half billion dollars.)

    Tesla later realized that his would prove a burden to adoptation, so we ripped up his contract and gave up the rights. He was still a young man.

    Here's another quote regarding how Edison reacted:

    Dogs and cats began disappearing from the neighborhood around Edison's laboratory in West Orange, New Jersey.

    Unable to challenge AC electricity on technical merits, Edison turned to using scare tactics instead. "Just as certain as death [AC power] will kill a customer within six months," he declared. Leaflets about the dangers of AC current were printed and distributed. Lobbying efforts were made in New York State to limit legal levels of electricity to 800 volts, making AC distribution impractical "as a matter of public safety". Perhaps most horrifying, though, were Edison's weekend demonstrations of the dangers of Tesla's work. Taking one of the frightened pets stolen from the streets of West Orange, Edison would place it on a sheet of metal, bring forth two wires attached to an AC generator, and announce to spectators, "Ladies and gentlemen, I shall now demonstrate the effects of AC current on this dog."

    Edison's efforts to discredit AC electricity were, in the long run, unsuccessful. This did not, however, make Edison's lies or killings any less repugnant.


    Later in life, Tesla would attempt to use subterfuge to create Wardenclyffe, a highly efficient means of wireless energy transmission that would be available freely without need for wires, passing it off to J. P. Morgan as a means of communication. When Morgan found out that he was attempting to create a means of transmission that was beyond control or metering and free for all, he axed the project beca

    --
    -1 Uncomfortable Truth
  92. Re:The most interesting thing about this controver by Anonymous Coward · · Score: 0

    Don't discount the entire field of engineering that quickly. The devil is often in the details.

    We conceived of moon rockets a long time ago. It still took quite some time to actually implement one. The light bulb was an old idea. A workable one took a lot of effort.

  93. Re:The most interesting thing about this controver by ShieldW0lf · · Score: 3, Interesting

    Tesla was a genius, but there's no intirsic goodness in being a poor businessman and letting yourself get screwed.

    See, I would say that being a good businessman and screwing other people makes you intrinsically evil, while refusing to screw people when you can, but instead sharing freely with them makes you intrinsically good.

    Evil is a precursor to success in business.

    --
    -1 Uncomfortable Truth
  94. Re:The most interesting thing about this controver by M1FCJ · · Score: 1

    The phonograph is actually a prime example of the Great Man idea. No one was really working on the idea of recording sound until Edison invented the phonograph.
    Unfortunately this is not true. Well before Edison it was tried and even patented (check Wikipedia if you don't believe me or other "more trustable sources" if you like). Edison had the breakthrough of having something that actually worked and easy to manufacture and cheaply. That is the main difference.
  95. Great idea! by Nerdposeur · · Score: 1

    If we want to encourage invention, instead of granting a monopoly right, a patent could merely give the holder the right to a paycheck, for example modified by the number of sold products including that patent. Corporations, instead of having to negotiate a license, would simply report what inventions they use in their products (and would have no financial incentive not to report it).

    I think this is a great idea. There is incentive to invent, but market competition is still in full force.

    Where do I go to sign the petition? :)

    1. Re:Great idea! by Znork · · Score: 1

      Wish there was a petition :).

      The best way to get there is probably to reframe the debate in those terms, how to retain the incentive while allowing competition.

      I doubt anyone today implementing an incentive system for innovation would have come up with the current system, but as it's there and it seems like we get it for 'free', appearing to cost the economy no more than the cost of the USPTO paperwork, there are simply so many (boring) things you need to get people to fundamentally reconsider before they rethink their positions.

      Sometimes I think the easiest route and first step would be to convince government auditors to take up total economy patent royalties as a government budget item (a zero-sum item of royalties paid and royalties recieved), so we'd actually see the cost of the system. That would be the most difficult part to politically oppose, yet one of the most important for thinking about the problem in constructive terms, cost/benefit, who gets the money and who pays for it. Once that's on paper it becomes much easier to come up with and present creative solutions on how to get the best possible incentive for the money it costs us.

  96. Thomas Edison too by slapout · · Score: 1

    If I recall (it's been a few years), quite a few people were working on the telephone around that timeframe (late 1800s). I think there may have even been some prizes offered for the first who could do it. And it was actually Thomas Edison who invented the vibrating carbon type phone that we used for years. But at first he didn't realize it, because he was going deaf.

    --
    Coder's Stone: The programming language quick ref for iPad
  97. False starts... I would love to see the journals by IronChef · · Score: 1

    I am imagining a sketch of a man, with an old style telephone. A wire is drawn, and on the other end, there is a large carrot, or perhaps an ear of corn. In the text, the inventor's frustration is palpable.

    "Exchange of voice via galvanic intermediate is straightforward enough, but who are you speaking with? Produce experiments have FAILED as have tests with furniture, livestock. I fear the problem may be insolvable. There appears to be no use for this technology."

    He did not yet see what we take for granted today, that the phone is to be used for speaking with cheese, or Dell sales reps.

  98. Re:The most interesting thing about this controver by Anonymous Coward · · Score: 0

    His name was "Edison", not "Eddison".

    HTH. HAND.

  99. Re:The most interesting thing about this controver by ShieldW0lf · · Score: 3, Insightful

    Arguing over religion is like arguing over who's invisible friend is better.

    That's not true.

    Religion is a set of rules governing behavior of a human population. Religions are not subject to scientific testing, because you'd need to study a population of humans over several generations, with a control, and you'd be dead before the experiment was half over.

    That's what makes them so much more interesting, debatable, and generally difficult to deal with than science. All you have to work with is deduction, observation of the aftermath of a bunch of experiments started by men long dead, and no control group. Yet, this problem domain is the most important there is, because it governs how we live.

    Just because you like your problems neat and tidy, provable and falsifiable, that doesn't mean the world is obligated to reduce itself to your level.

    --
    -1 Uncomfortable Truth
  100. Re:whoever invented it the phone is a PITA by M1FCJ · · Score: 1

    You are free to not to answer the phone.
    Note the caller ID, route them to the voice mail or simply make them phone back.

    The whole thing about answering the phone ASAP was a successful campaign conducted by the phone companies to reduce the overhead and usage rates to free resources.

  101. Re:The most interesting thing about this controver by Arterion · · Score: 0

    I think we've seen that the body of human knowledge is more important to our superiority over other animals than any innate talents. If modern babies were swapped with those of early homo-sapiens, I suspect the modern babies would grow up hunting for food and wearing animal hides, while the early homo-sapien babies growing up in our society would be educated and literate.

    We need to look no further than to the fall of great civilizations, and the disparity between the richest countries and poorest countries to see that this is true. We still have a very small number of people who live, more or less, like their ancestors did as hunter-gatherers. At some point, we all lived that way, they have simply not developed the ever-growing body of human knowledge that we have.

    This is why I think intellectual property should not belong to any one person. It should be added to the body of human knowledge, and free for anyone to use. That's the system (or lack of a system) that's allowed us to become the dominant species on this planet, and given us all the comforts we now enjoy. It's also the system that's going to help us solve larger problems we are facing and will continue to face as a race.

    --
    "That which does not kill us makes us stranger." -Trevor Goodchild
  102. Re:The most interesting thing about this controver by kitsunewarlock · · Score: 1

    Woah! I had just the same idea!

    --
    Ginga no Rekshiya Mata Each page.
  103. Re:The most interesting thing about this controver by mr_mischief · · Score: 1

    I don't think facism ended with Franco. The Baath party in Iraq was of indirect Nazi descent.

    It was a Vichy-sponsored, Nazi-inspired national socialist party which was founded in Vichy-controlled Damascus and spread to oust the British colonial government in Baghdad. The party then dropped its anti-communist element and allied with the Soviets to prolong their rule. Like national socialism in Germany, the Baathists worked largely on the ideals of a racial struggle between their own pure race and those they considered defilers of that race. Its shift in Iraq to pro-Sunni and anti-Shiite came later, and probably out of convenience.

    The Baath party of Iraq was founded as a single-party pro-Vichy, pro-Nazi ruling group for racial Arabs. The Bath Party of Syria used to be the same party, but important rifts had formed between the two parties long before Saddam Hussein's regime ended. Baghdad was the traditional capital of the ideal pan-Arab world many true believers in that movement envisioned, which is probably why the more radical portions of the party ended up there.

    In short, Saddam Hussein's government was not only eerily similar to Hitler's, but it was a family resemblance.

    Eretzy Isroel
    Weekly Standard
    Paul Johnson, a historian at Hillsdale College
    Dissent Magazine
    Free Republic
    Syrian Embassy
    a well-bibiliographied attack on the Bush family as supporters of the Baath party
    International Socialist Review article in support of Iraq vs. US invasion

    These references run from very conservative to very liberal, and from very Arab to very Western. Although several of them probably show strong biases, they weave an interesting story when read together.

  104. Re:The most interesting thing about this controver by morcego · · Score: 1

    While I agree with part of what you wrote, I can't agree with all of it.

    There are observable evolutionary changes. But I do agree with you that, at this point, it is less of a contributing factor than the sum of human knowledge.

    Again, I don't agree with you that intellectual property should be banished. However, the current system is, for the lack of a better word, stupid. Eating an egg is eating and egg, no matter from which side you start. Also, you can't compare the "way to make a quick buck on the internet" IP with "way to cure a deadly disease" IP. And, first and foremost, we have to remember we are dealing with humans on both ends of the scale. From a point of view of a patient that is dying of a rare disease, the research on what ails him is more important than on a more common disease that causes blindness. The same way labs will research what will give them more money.

    It is all the same thing. Call it greed, self interest, human nature. Like it or not. It is a fact, and unless people deal with fact, things don't work.

    There's gotta be some way to bind a balancing point. Something what will serve the needs of the whole, while keeping the parts motivated. Probably something that is bad for everyone, as most compromises are. I don't know what it is. I don't think anyone here on /. knows either. Most proposals I've seem are simply stupid, radical and/or based on ideologies. Maybe someday we will have one that works. We can, after all, still hope.

    --
    morcego
  105. Re:The most interesting thing about this controver by SatanicPuppy · · Score: 1

    That's a bit incoherent. That's like saying the idea for a microchip can come straight from a guy looking at a handful of sand. It's all an incremental process, and every part of that process starts with someone looking at his current tools and saying, "What if?"

    If we already had every tool and process we'd need for profitable, efficient fusion, we would be done, because we absolutely have the "idea" of fusion. The same was true for the first guy who ever looked at a horse and said, "Hey, I bet it'd be cool to ride one of those." He had to invent processes, tools, training methods, all to realize that comparatively simple idea.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
  106. Re:The most interesting thing about this controver by ckaminski · · Score: 1

    I think it can be said that the greatest advancements in human achievement have come with the availability of vast quantities of fresh clean water, and surpluses of food so unimaginable as to end up wasting upwards of half of it.

    When people are fat, well fed and free to frolick in cool streams under a noon-day sun, they tend to spend more time thinking, and less suffering.

  107. Re:The most interesting thing about this controver by Anonymous Coward · · Score: 0

    Your post is frankly a non-sequitur. The existence of patent monopolies means a free market system simply doesn't. You're just spewing emotive FUD. People are supposed to make things faster and cheaper - that's the free market at work.

  108. Re:The most interesting thing about this controver by ShawnDoc · · Score: 2, Informative

    Marconi is not famous because of the patent. He is famous as being the first one to propose using radio waves to send signals beyond LOS and that they could be used as a replacement for telegraph lines. At the time, his contemporaries believed Hertzian waves were only line of sight and so useless beyond a very short distance. It was his expiraments and work with the UK postal system that made people see the commercial application of Hertzian waves and drove much of the research that evolved into modern day radio. Marconi was obsessed with sending wireless waves from the UK to the USA, and it is his being the first one to have a commercially successful ship-to-ship system that got him the fame. I highly suggest the book Thunderstruck by Erik Larson which details the race and competition in regards to radio research as well as the publicity stunts and history that got Marconi's name engraved into history.

  109. Because we need hero by hackingbear · · Score: 1

    I used to be a big proponent of "Great Men" history myself, but stuff like this gives me pause. Because humanity is too weak and needs hero to save their souls, that's why there is God (and gods.) Not to mention, individual human being also need glory, fame, and money.
  110. Re:The most interesting thing about this controver by tie_guy_matt · · Score: 2, Funny

    What you are saying is that Edison is credited with inventing something just because he had the breakthrough of having something that actually worked? What were they thinking?

  111. Re:The most interesting thing about this controver by sumdumass · · Score: 2, Insightful

    It already has been started many times over.

    Think about what we know of Scientology, outside the complete storyline, everything else exists or has existed in some form throughout human history. We have had con men preying on people suffering from depression and significant events in people's lives. Scientology does this. It created some story to draw people in a sort of make believe world, Look at WoW or Star Wars or a number of other stories. It uses force to keep people inside the organization in line and there is quite a bit of speculation that this extends to people outside it. Look to the mafia, gangs, older religions, some governments and so on. I'm willing to bet that there isn't one thing inside or dealing with the church of Scientology that isn't directly and accurately comparable to something else that has already happened before it's formation. It is difficult to make comparisons that are accurate and undistorted but I'm thinking there wouldn't be too much of a problem here.

    I think the most unique thing L Ron was able to do is group them all together and get the government to recognize it as a human right in the form of a religion. Without that last tidbit, it would just be a cult several levels more complexed then the Church/cult of the Flying Spaghetti Monster. Of course there would be differing degrees of evilness and righteousness. Make up your own mind on which is where.

  112. Re:The most interesting thing about this controver by AvitarX · · Score: 1

    The thing is Tesla was clearly willing to work anyway. He ripped up his contract entirley. Why did he not just drop it to $.05/HP for example?

    The patent system was not meant to protect those with a strong drive to create, it was to protect those willing to create driven by there desire for money. The theory is more people are motivated by money.

    The proper place for Tesla in a functioning system would be as a professor, where he could do and share his research and allow others to do with it as they pleased (as he did when ripping up his contract).

    Imagine one of these things hooked up to a hydro dam like the one he built in Niagra Falls, supplying power without the need to run cable.

    I can imagine it, and would be shocked if it was as efficient (even with the saved up front) as running down a wire, but I do think genius is capable of soving things that would not be solved for a century and a half later. The thing is that it is easier to protect genius with tenure (in academics)/patronage by big companies (even non-genius works this way in OSS). The patent system is supposed to spur the greedy to invent.

    And I think we can both agree that the patent system can't be blamed for Tesla getting screwed by Edison.

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  113. Re:The most interesting thing about this controver by sumdumass · · Score: 1

    I think your missing the point because of shaky wording. Suppose the person with the Idea made a product. You can then replace Idea with product in his post and have an accurate reflection of the problem he attempted to point out. At least it was what I see as him attempting to point out. I read Idea as actually having a product and not just a thought as it seems to me that you need an actual product/device to get a patent. Well, maybe that has changed now?

    I will even take it one step further. If anyone with an Idea stood the risk of loosing out on the potential from the product resulting from that idea because of some mega company that can produce and put it in stores faster and cheaper then the inventor, they wouldn't be so quick to invest in that idea. We would also suffer in quality because now you don't have to do anything better to sell your version, just beat the competition to the market or put it out there cheaper. There would literally be one or two large corporations eventually who manufactured and sold us everything because they could copy whatever and bring it to the market faster or cheaper. You would likely have to partner with one of them because they would have the distribution channels already in place which would probable slow you down the most. How much money and effort would you be willing to put in on making something and having it taken by someone else. How much more money and effort would you throw at it to make it better then the companies that originally copied it when all they have to do is copy it again.

    There is a need for patents. Maybe the time or scope should be adjusted, or even the process could need a good overhaul. Think about it, how many times have you seen a commercial on TV for something that looks like a cheap knockoff of something already on the market to see the commercial claim it is the original product and not to buy the fakes you see everywhere. I can't think of any specific brand names right now but I know there are quite a few of them, I'm always surprised to find they were the original version/manufactures.

  114. Re:The most interesting thing about this controver by ShieldW0lf · · Score: 1

    And I think we can both agree that the patent system can't be blamed for Tesla getting screwed by Edison.

    It was the patent system that was responsible for people like Edison getting the capacity to do the screwing. It was the underlying concept of property rights that provided the motive to hobble our infrastructure. The same sorts of underlying principles have led to the current oil crisis.

    So no, I don't think we can agree on that. Capitalists, whatever their nature, deserve summary execution. They're guilty of crimes against humanity, one and all.

    --
    -1 Uncomfortable Truth
  115. Re:The most interesting thing about this controver by Anonymous Coward · · Score: 0

    blah blah blah who cares. Arguing over religion is like arguing over who's invisible friend is better.

  116. Nicolai Ivanovich Lobachevsky..... by SacredByte · · Score: 1

    One man deserves the credit,
    One man deserves the blame,
    and Nicolai Ivanovich Lobachevsky is his name. Oy!
    Nicolai Ivanovich Lobache...

    I am never forget the day I first meet the great Lobachevsky.
    In one word he told me secret of success in mathematics: Plagiarize!

    Plagiarize,
    Let no one else's work evade your eyes,
    Remember why the good Lord made your eyes,
    So don't shade your eyes,
    But plagiarize, plagiarize, plagiarize...
    Only be sure always to call it please, "research".

    And ever since I meet this man my life is not the same,
    And Nicolai Ivanovich Lobachevsky is his name. Oy!
    Nicolai Ivanovich Lobache...

    I am never forget the day I am given first original paper to write. It
    was on Analytic and Algebraic Topology of Locally Euclidean Metrization
    of Infinitely Differentiable Riemannian Manifold.
    Bozhe moi!
    This I know from nothing.
    But I think of great Lobachevsky and I get idea - haha!

    I have a friend in Minsk,
    Who has a friend in Pinsk,
    Whose friend in Omsk
    Has friend in Tomsk
    With friend in Akmolinsk.
    His friend in Alexandrovsk
    Has friend in Petropavlovsk,
    Whose friend somehow
    Is solving now
    The problem in Dnepropetrovsk.

    And when his work is done -
    Haha! - begins the fun.
    From Dnepropetrovsk
    To Petropavlovsk,
    By way of Iliysk,
    And Novorossiysk,
    To Alexandrovsk to Akmolinsk
    To Tomsk to Omsk
    To Pinsk to Minsk
    To me the news will run,
    Yes, to me the news will run!

    And then I write
    By morning, night,
    And afternoon,
    And pretty soon
    My name in Dnepropetrovsk is cursed,
    When he finds out I published first!
    ^ Tom Lehrer ^

    This was the first thing I thought of when I saw this, and I'm astounded this wasn't posted yet...
  117. Re:The most interesting thing about this controver by haruchai · · Score: 1


      Debatable, sure. More difficult to deal with? Absolutely.
      But, more interesting than science - NO WAY!! There are
      so many things , physical, theoretical or logical that
      I find far more interesting than any aspect of any religion.

      I've yet to find anything in religion as interesting
      or confounding as Godel's Incompleteness Theorems.

      And, your description of religion is somewhat off the mark.
      What you've described are more correctly referred to as morals
      or ethics, which may exist without religion.

    --
    Pain is merely failure leaving the body
  118. this is nothing new by Ira_Gaines · · Score: 1

    I thought it was common knowledge that Bell was an asshole. Look at what he did to David Bowie in The Prestige.

  119. Re:The most interesting thing about this controver by necro2607 · · Score: 1

    Hey man, at some point during our teenage years, don't we ALL go "I should make up a religion, or start a cult! It'll be hilarious! People believe in all this crazy shit as it is, and pray to some fictional entities all the time anyways!"

    Problem is, someone actually took that guy's fantastical creation too seriously (or maybe he himself is the one who took it too seriously)...

    Pretty much sums up the whole fucking "religion" right there. :)

  120. Re:The most interesting thing about this controver by Anonymous Coward · · Score: 0

    You could easily be a genius and let yourself get knifed in the back because you are 'dumb enough' to turn your back on someone. This is called business sense, everyone else calls it hindsight.

  121. Re:The most interesting thing about this controver by Gninnaf · · Score: 1

    As the founding chairman and ceo of napster I can tell you that there was a lot of naspter elements in the air prior to 1999. The ability to put those elements together into a product that the average person can relate to is what matters. If Bell had better influence with the patent office, and as a result he was better able to execute, thats just as important as understanding how to move bits across a wire. The truth is that all ideas are cumulative, and the ability to execute is where the credit generally goes.

  122. Re:The most interesting thing about this controver by TheoMurpse · · Score: 1

    Ideas aren't really worth that much. If anything, its the implementation of the ideas that is worth something.
    Which is why, I suppose, there is an enablement requirement and a written description requirement for getting a patent. The patent must state the "best mode" for practicing the patent. Thus, the implementation of an idea is there in the patent, and that is what the patent covers.
  123. Re:The most interesting thing about this controver by RealGene · · Score: 1

    The breakthrough with the lightbulb wasn't knowing how to make a lightbulb -- everyone in the field had the basic idea already -- it was findng a filament that didn't burn out after ten seconds. Edison's team tried THOUSANDS of filaments before they found one that worked.
    No, the breakthrough was the invention (not by Edison) of a decent vacuum pump that allowed practically anything to be used as a filament. Before he could achieve a better vacuum, everything he tried vaporized.
    --Gene
    --
    Mission: To provide products that consume time and energy as entertainingly as permitted by the laws of thermodynamics.
  124. -been going on since colonial times by hguorbray · · Score: 2, Interesting

    Actually that may be more insightfull than you realize.

    From what I remember from US history:

    One of the main beefs between Britain and the US shortly after the Revolutionary war (besides impressment of US seamen) was that in order to industrialize quickly the US chose to ignore most if not all British patents and copyrights.

    And in fact, pre-Revolution america had been denied many manufacturing technologies such as textiles because Britain wanted to be able to make money off of us from their imported goods and didn't want local competition.

    Stealing of ideas and copyrighted materials lasted to some degree through most of the 19th century -I remember reading that Charles Dickens came to the US to unsuccessfully sue for royalties on some of his work that had been published in the US without giving him any compensation.

    On the other hand, I think that Britain also ignored US copyright in this case since I recall both Ben Franklin and Samuel Clemens complaining about their works being pirated abroad.

    I'm just sayin'

  125. Re:The most interesting thing about this controver by westlake · · Score: 1
    The breakthrough with the lightbulb wasn't knowing how to make a lightbulb -- everyone in the field had the basic idea already -- it was findng a filament that didn't burn out after ten seconds

    The problem wasn't simply in finding a durable filament.

    The problem was in devising an entire system that would be safe, practical and economic for home use.

    It was not realized [as late as] 1879 that the solution of the great problem of subdivision of the electric current would not, however, be found merely in the production of a durable incandescent electric lamp. ... The other principal features necessary to subdivide the electric current successfully were: the burning of an indefinite number of lights on the same circuit; each light to give a useful and economical degree of illumination; and each light to be independent of all the others in regard to its operation and extinguishment. The Invention of the Incandescent Lamp

    You need switches that won't electrocute the child who touches an exposed copper bar and not the insulated handle.

    Fuses to prevent fire.

  126. Re:The most interesting thing about this controver by Anonymous Coward · · Score: 0

    I have An idea of a flying machine. Now please impliment a working machine, It's simple right?

  127. Re:The most interesting thing about this controver by PopeJM · · Score: 1

    Skinner hates Chomsky, Tesla hates Edison.

  128. Re:The most interesting thing about this controver by westlake · · Score: 1
    Implementation is cheap, once the idea is understood

    If this is true, why does RCA spend fantastic sums in developing first black and white and later color television? The first all-electronic color TV sets appear in 1954 but color TV does not reach the commercial take-off point until 1965.

  129. Re:The most interesting thing about this controver by rtb61 · · Score: 1
    Actually that is not true. Corporations merge in order to eliminate competition and inflate prices by controlling ever greater numbers of patents, trademarks and copyrights. Just look at the building industry and the huge number of independent contractors that survive and thrive because there aren't global corporations that claim monopolies on ideas like how to nail two bits of wood together, how to lay bricks or how to make and pour concrete.

    Just look at bakeries and eateries and think how a patent on bread would be like and how it would be exploited, or lets say copyrights on a pizza designs and PMAA (pizza manufacturers association of america) suing anybody who copied those designs at home (of course eat the pizza and the would charge you with destroying evidence).

    So the reality is, the exact opposite is true. People would tend to by from local manufacturers (where all the conditions of manufacture are competitively fair and equal, like wages, environmental protections, working conditions etc.) because of warranty repairs and product access and people generally prefer to deal with people the know and can get hold of.

    --
    Chaos - everything, everywhere, everywhen
  130. Re:The most interesting thing about this controver by yndrd1984 · · Score: 1
    Religion is a set of rules governing behavior of a human population.

    No, that's an ethical or moral system. Some of those are based on religious beliefs, but others are not - they're completely distinct concepts.

    Religions are not subject to scientific testing, because you'd need to study a population of humans over several generations, with a control, and you'd be dead before the experiment was half over.

    Morals can't be objectively tested because they're opinions, not facts. Religion (at least most modern ones) can't be tested because they're based on making non-testable claims, and the ones that do make verifiable claims end up being false. And as a side note, just because it would be hard to test, doesn't mean that it's "beyond science" - it just means that you might have to rely on more indirect methods.

    That's what makes them so much more interesting, debatable, and generally difficult to deal with than science. All you have to work with is deduction, observation of the aftermath of a bunch of experiments started by men long dead, and no control group. Yet, this problem domain is the most important there is, because it governs how we live

    What makes morality interesting, etc. is that it's opinion, but those opinions affect others and are based on things common to all of humanity. There's no way to scientifically demonstrate that slavery is evil, for example, but that belief still has tremendous effects on human beings. On the other hand, religion is interesting, etc. because it's based on not being reasonable and making rationalizations. Nothing is more fun than an improvised defense of some made-up "fact".

    Just because you like your problems neat and tidy, provable and falsifiable, that doesn't mean the world is obligated to reduce itself to your level.

    And just because you take ancient myths seriously doesn't mean you're better than anyone else.

  131. Bell patents invalidated? by trafficking · · Score: 1

    Should there be definitive proof, would legal action be possible to invalidate all patents predicated on this one?

    1. Re:Bell patents invalidated? by BacOs · · Score: 1

      I doubt it.

    2. Re:Bell patents invalidated? by Belteshazzar · · Score: 1

      I think it's an interesting idea.

  132. Re:The most interesting thing about this controver by mabhatter654 · · Score: 1

    at the time of Tesla patents had to WORK to be accepted.. most of his stuff was just ideas or prototypes that never did quite what the drawings said. Until about the 1970's that stuff wasn't patentable. In that environment, it was guys like Edison that used brute force that were rewarded because they had "something" to actually patent so they "won".

    That's why Bell vs Gray was such a race... you couldn't just publish a vague drawing then slap down competition like the companies do now. They had to not just get to the PTO, but have verified signatures that the device worked with them.

  133. Re:The most interesting thing about this controver by SoupIsGoodFood_42 · · Score: 1

    But without the ideas, there would be nothing to implement, would there? One might even say that patents are instructions for implementing an idea.

  134. Edison just had better PR.... by EmbeddedJanitor · · Score: 1
    ... and maybe better hair.

    Today he'd be classified as a purebred asshole with guaranteed membership of the Gates/Ballmer club.

    --
    Engineering is the art of compromise.
  135. Re:The most interesting thing about this controver by tyrione · · Score: 1

    What the hell are you talking about? His TEAM were the talent. He wasn't. Telsa's advances in Electrical Engineering make it possible for practically all modern conveniences with electric field theory/quantum theory.

    Many of Tesla's lack of business savvy have also been shown that his compassion towards helping humanity move forward superseded his need to be the world's first billionaire. He wasn't a greedy prig of a man. Edison most certainly showed that title suited him just fine.

    No one is denouncing the value of a prudent business mind to make products and drive Industry. That is applauded. It's when a business man controls the progress of Industry and exploits it is when we want to shat on his grave.

  136. Re:The most interesting thing about this controver by jgeeky · · Score: 1

    you're right, and it's just sort of a furthering of the irony in the adage of ww2 being the war that ended fascism. i wasn't stating that fascism ended with Franco, just that Franco was an obvious fascist, and a big name during ww2, so it was blatantly obvious that ww2 didn't end fascism.

    --
    in the immortal words of socrates, "i drank what?"
  137. Re:The most interesting thing about this controver by zonker · · Score: 0

    As interesting as this is it doesn't really change much. I'm reminded of the New Zealander named Richard Pearse who may have preceded the Wright bros as first in flight. However due to lack of documentation of his achievements it is difficult to really prove accomplished his goal. He also wasn't one much for attention and didn't have any real public records of his work either (newspapers, photographs, etc.). In the end it is an interesting but mostly irrelevant piece of history.

  138. Oblig. by Anonymous Coward · · Score: 0

    Am I the only one around here who read "Sasha Gray" the first time around?

  139. Re:The most interesting thing about this controver by Chris+Oz · · Score: 1

    Actually, Edison borrowed his ideas for a certain British doctor (Smith I think) who demonstrated working lightbulbs at least 10 years earlier. Edison was largely a successful business man and a great publicist. He was definitely a monopolist and not really an inventor (he largely stole ideas or paid other people to think up ideas and put them in his name). If history was fair we would have been forgotten and the greats like Tesla and others would be remembered.

  140. Re:The most interesting thing about this controver by bit01 · · Score: 1

    So the real question becomes, does the likelihood of multiple individuals creating a similar solution to solve a particular problem diminishes the justification of the patent system? No. It simply rewards the first one who created a working solution.

    Your answer is silly. Of course it reduces the justification; if for no other reason than a 1/x chance of a patent is worth less than a 1/1 chance of patent.

    In addition as the population increases the trade off between restricting billions of people from using an idea versus encouraging (NOT enabling) a few to implement an idea shifts.

    In any case any patent system which doesn't recognize the reality of multiple independent reinvention is badly broken; it's an unfair lottery where somebody can expend enormous time and effort and not only get nothing in return but may be forced to pay their competitor to stay in business. At least with no patents they have the first mover advantage. Business is hard enough as it is without making it even harder.

    ---

    Copyrights and patents are privileges, not rights.

  141. Re:The most interesting thing about this controver by asuffield · · Score: 1

    I don't disagree that the patent system is completely screwed up right now, but the solution is not to throw it away. It has a purpose.


    You are operating under the assumption that the patent system is fulfilling that purpose, which is precisely the point most commonly disputed. The patent system as it stands today is not used to get products released with full documentation, it's used to prevent products from being released at all, and the patent filings don't comprise meaningful documentation of the invention.

    Your proposal is for a patent system that gets products released with full documentation. What we have is a patent system that is being used to block inventions. The claim is that "no patent system at all" would be an improvement, even if it wouldn't necessarily be as good as the system you would like to see.

    Throwing away the patent system would be a lot easier and more reliable than trying to fix it.
  142. Re:The most interesting thing about this controver by Anonymous Coward · · Score: 0

    You may draw a corollary from the theorem: Any invention not invented by at least two people is a crackpot idea (i.e. Scientology).

  143. Re:The most interesting thing about this controver by dangitman · · Score: 1

    Religion is actually very boring compared to science. It's like a daytime soap opera. Seen one, you've seen them all. It is a tale told by an idiot, full of sound and fury, signifying nothing.

    --
    ... and then they built the supercollider.
  144. Re:The most interesting thing about this controver by marcello_dl · · Score: 1

    > Arguing over religion is like arguing over who's invisible friend is better.

    Nice metaphor, pity it requires proof that all religious entities are imaginary like invisible friends. I'd say it's difficult to prove for transcendent ones.

    --
    ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
  145. Re:The most interesting thing about this controver by Anonymous Coward · · Score: 0

    s/who's/whose/

  146. Chewbacca defense? by marcello_dl · · Score: 1

    GP poster simply stated that Meucci invented the telephone before bell. It doesn't imply any pissing contest. About Meucci's device having "any bearing on the development of the telephone", does it change anything? You simply can't say anything about phone development if the idea wasn't copied. Maybe it would have never been popular, maybe we'd have meucci brand gigabit dsl happily serving tons of data.

    --
    ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
  147. Re:The most interesting thing about this controver by AK+Marc · · Score: 1

    All you have to work with is deduction, observation of the aftermath of a bunch of experiments started by men long dead, and no control group.

    But deduction tells you that with the massive numbers of religions, the fact that most modern religions are exclusive (with the head of the religion stating that others are wrong) and that no dominant religion holds even half of the world's population, you come to the conclusion that by definition, over half are wrong. When you accept that half must be wrong, you can deduce that all are wrong. Logic, applied to religion, results in a failure of religion. You appear to be applying logic to the debates between small points when the logic applied to the large points already renders the discussion moot.

    Just because you like your problems neat and tidy, provable and falsifiable, that doesn't mean the world is obligated to reduce itself to your level.

    I don't care if my "discussions" are illogical. I just want to make it clear that such discussions are not logical or scientific arguments and can never be. Which makes them come back down to the sentence you are apparently annoyed over. They are just arguments over whose invisible friend is better.

  148. Same thing happened with Tesla. by Fantastic+Lad · · Score: 1
    The grandpappy of AC and the Radio was left in history's dustbin because he was more interested in being a disciple of science than in being a disciple of greed. (Or as Dickens put it, being a "Money-getter".)

    Was he unhappy with this arrangement? While it seems on the surface that he must have been, dying alone, forgotten and next to broke as he did, I suspect that the only thing which truly bothered him during life was that his explorations into science were hampered by lack of funding. --Though, with a guy like Tesla, all the money in the world probably wouldn't have been enough given the scope of his visions. --The guy wanted to create a system whereby the biosphere would be charged with energy which devices like lawnmowers and cars could freely tap into. I, for one, am actually quite happy he didn't achieve this end, though with the saturation of the low-power EM spectrum that we're seeing today, I'm not sure if we actually managed to avoid that particular nightmare vision.

    Nonetheless. . , it would be nice if we lived in a world which valued and respected its creative minds without first asking, "So how much did he make?"


    -FL

  149. Re:The most interesting thing about this controver by Twanfox · · Score: 1

    How many people/companies in this day and age patent an idea (software implementation, invention, etc) with absolutely no working prototype? As I understand, having a working prototype is not even a requirement to filing a patent, simply the idea of the device or process.

  150. Re:The most interesting thing about this controver by LizardKing · · Score: 1

    Franco was not a fascist - he was a conservative with strong religious convictions. He co-opted the Falange movement as a convenient political front for what was simply a military coup. Franco made no attempt to save Primo de Rivera (the leader of the Falange imprisoned and sentenced to death by the Republicans), as it was not in his interest - Franco was an uncharismatic figure, and saw Primo de Rivera as a potential opponent. I suggest you read a good book on the Spanish civil war (such as Anthony Beevor's "The Battle Of Spain") and also look at the post war political history of Spain. You might also benefit from reading about Fascism rather than making the common mistake of confusing it with regimes of Hitler and (beyond the first few years at least) Mussolini. Just as Stalin's regime is not a Marxist one, Franco's was not a Fascist one.

  151. Meucci is the true inventor of the telephone! by SigmundFloyd · · Score: 1

    I am shocked that an article discussing who is the real inventor of the telephone doesn't even mention Antonio Meucci. He was the first to invent the phone, and even the Congress has acknowledged that if he had had the money to renew his patent, Bell would have never obtained his own patent.

    --
    Knowledge is power; knowledge shared is power lost.
  152. Re:The most interesting thing about this controver by jgeeky · · Score: 1

    How does Franco's lack of interest in saving another Fascist (Rivera) make him not a fascist? Are the bases for you argument - 1. Franco allowed a Fascist to be imprisoned after creating a facade of support 2. I should read more During the Mexican revolution, were Madeiro and Huerta not similarly-idealed revolutionaries? Shortly after fighting for Madeiro and supporting his presidency, Huerta had Madeiro inprisoned and later killed as part of his usurpation. These are the things that happen during a revolution. The concepts superficial support followed by coups and murder are shown quite well during the Mexican Revolution, and most were committed by men who were, during Diaz' reign, part of the same movement (Huerta, Madeiro, Carranza, Villa). A fascist or any revolutionary ruler of any type usually sees himself/herself as the best possible option for rule. This, of course, is part of the problem of militarist/violent revolution, as it always falls victim to the adage, "absolute power corrupts, absolutely". Surely Castro's post-revolutionary executions or Mao's government-sanctioned famine are evidence of that. Taken from Wikipedia, "Fascism is an authoritarian political ideology [...] that considers individual and social interests subordinate to the interests of the state or party [...] Various scholars attribute different characteristics to fascism, but the following elements are usually seen as its integral parts: nationalism, statism, militarism, totalitarianism, anti-communism, corporatism, populism, collectivism, and opposition to political and economic liberalism." Taking more from Wikipedia, and from Mussolini, the coiner of the term "Mussolini defined fascism as being a right-wing collectivistic ideology in opposition to socialism, liberalism, democracy and individualism." Franco led a nationalist, statist, right-wing rebellion that put individual interests aside for the interests of the nationalist state. The movement was certainly anti-communist, militaristic and toltalitarian. I don't understand how you decide that he is was not a fascist. Whether or not Franco would have aligned himself as a Fascist, or whether he has been identified historically as a fascist is of little importance. What is important is that the characteristics of his regime so closely resemble Fascism. Hitler called his party the National Socialists (Nazi), yet clearly, he was far from socialism. I'm fairly familiar with the Spanish Civil War, and the Spanish-American war that set the groundwork for a tattered Spain. I'm more interested in anarchist, and socialist movements, and the Generations of '98 and '27, but I didn't read my Spanish history on the back of a napkin. Your passive-aggressive declaration regarding my "reading about Fascism rather than making the common mistake..." is baseless and not well-received. I do, however, like your /. name.

    --
    in the immortal words of socrates, "i drank what?"
  153. Re:The most interesting thing about this controver by Spokehedz · · Score: 1

    What makes my invisible friend any more or less real than 'God'?

    You can neither prove nor disprove that God exists, just as you cannot prove or disprove that my invisible friend exists.

    QED

  154. Re:The most interesting thing about this controver by beemishboy · · Score: 1

    I know this might be a little against the slashdot grain, but I think this speaks to the idea that there is a God who is the master scientist and who inspires men and women with the secrets of His creations as a Father teaching His children. There is a speech given by a leader in my church that talks about the subject of the scientific method and how it compares and contrasts with divine revelation. The leader was a nuclear physicist for many years who helped pioneer the technologies behind nuclear submarines.

    I thought it was an interesting mix of faith and science in a world where the two, for some reason, have become separated.

  155. Re:The most interesting thing about this controver by LizardKing · · Score: 1

    Despite his authoritarianism, Fascism still cannot be attributed to Franco. His political convictions were much more in keeping with the monarchist and staunchly religious groups that backed his uprising - groups antithetical to the Fascism of the Falange, which is why Franco was keen to utilise its popularity but sideline its leaders. Fascism, as defined by the its early protaganists, was intended to be a modernising force and as such quite anti-monarchist and anti-clerical. The authoritarian aspects reflected a belief that democracy was too weak to cope with events such as global economic depression, and that a strong leadership was needed to counter Bolshevism. With the Nazi regime colouring our perception of the politics of inter-war Europe, it's difficult for many people to appreciate now that many felt then that democracy was a bankrupt concept, and a clash of ideologies was imminent. It was in this atmosphere that conservatives in Germany as well as Spain allied themselves with the populist Fascists. The difference was that in Germany it was the extreme right wingers that managed to end up manipulating the conservatives.

    As for anarchism, my knowledge of that is limited to groups such as the CNT who were so badly treated by Stalin's stooges during the Spanish Civil War. Socialism on the other hand, is close to what I'm currently studying, as I'm hoping to do a part-time masters degree on the Paris commune in the not too distant future.

  156. Re:The most interesting thing about this controver by jgeeky · · Score: 1

    Although both Hitler and Mussolini were anti-clerical, I don't know that defines Fascism. I think Franco asserted, as Fascism dictates, that the Nation-State is the key to government. I think that he also realized the role of the Catholic church as and the concept of a pro-establishment State. While there were certainly monarchist groups in northern Spain, Franco's regime most clostly resembles (and by resembles I mean shares all aspects with) Fascism. During both Hitler's and Franco's regimes, it wasn't just the conservatives who aligned themselves with the Fascists, as many moderates also joined. This isn't exactly a rare occurrence, as it happens in most modern political systems, wherein the moderate left aligns itself with the right. This was especially true in Spain, as the left was highly disorganized, and the anarcho-socialist groups were very nuanced, making the strength and order of the Fascist right appear much more stable. One could draw close similarities to American politics from this, even including Franco's motto - "God, Family, State". Anarchists have always been treated badly, as that is the nature of the lesser known (Indigenous groups, Africans, anarchists...). Since you're studying socialism, I would highly suggest Voltairine de Cleyre, and Emma Goldman. Goldman argues that socialism and anarchism are not separable concepts. Given that socialism is defined by the complete equality of human beings, it would not be possible to have one person rule over another, thus anarchy (an - absence of, archos - rulers). Of course, you've probably already read those two authors, but if not, I highly recommend them. Joe

    --
    in the immortal words of socrates, "i drank what?"
  157. Re:The most interesting thing about this controver by WNight · · Score: 1

    Bull. If any religion were even remotely true at least one person could just ask for a miracle while someone documented it. The bible says that miracles happen, so where are they?

    It's impossible to *prove* that a god doesn't exist, as I'm sure you're aware. It's trivial however, to prove that one exists, if it does. All we'd have to do is have one miracle performed while we watch. Make the moon vanish temporarily and have the tides change appropriately, give Jupiter rings, turn the sky red across the whole world, speak to everyone at once, all would be adequate proof.

    Hundreds of religions, thousands of years, and so very little evidence.

    Psst. The emperor's new clothes... they aren't really as good as he thinks.

  158. Re:The most interesting thing about this controver by ShieldW0lf · · Score: 1

    You're stuck in the "There's no long bearded man in the sky" view of religion. You need to realize that these personifications are part of the means of communicating wisdom through an oral tradition.

    It's silliness to take these personifications literally, but you can see how different civilizations through the ages solved their problems through their mythologies, and look at how it turned out for them.

    If you're going to have an active idea how you want your world to work, rather than a purely reactive one, it helps to have an awareness of some of the things people have collectively tried before.

    --
    -1 Uncomfortable Truth