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Lawmakers Debate Patent Immunity For Banks

I Don't Believe in Imaginary Property writes "Now that a small Texas company has a patent on scanning and archiving checks — something every bank does — that has survived a USPTO challenge, lawmakers feel they have to do something about it. Rather than reform patent law, they seem to think it wiser to protect the banks from having to pay billions in royalties by using eminent domain to buy the patent for an estimated $1 billion in taxpayer money, immunizing the banks. The bill is sponsored by Sen. Jeff Sessions (R-AL)."

382 comments

  1. Well, now... by Anonymous Coward · · Score: 5, Insightful

    ...that's just fucking retarded.

    Can't really say more than that, unfortunately.

    1. Re:Well, now... by brxndxn · · Score: 4, Insightful

      The sad thing is that sheer disgust is pretty much the most insightful way to look at this..

      --
      --- We need more Ron Paul!
    2. Re:Well, now... by Original+Replica · · Score: 1

      ..that's just fucking retarded.

      Unless you or a friend owns stock in the patent troll, then it's fuckin' brilliant.

      --
      We are all just people.
    3. Re:Well, now... by Daniel+Phillips · · Score: 1

      Unless you or a friend owns stock in the patent troll, then it's fuckin' brilliant. Al Capone was brilliant too, never mind the part about being a morally bankrupt thug and net drain on society.
      --
      Have you got your LWN subscription yet?
    4. Re:Well, now... by Alex+Belits · · Score: 2, Funny

      Al Capone exploited retarded laws and enriched himself through fear-mongering. Patent trolls on the other hand... oh shit. Alcatraz seems to be closed for good, but I think, US Government has a perfectly good replacement in Guantanamo, currently being umm... misused.

      --
      Contrary to the popular belief, there indeed is no God.
    5. Re:Well, now... by audi100quattro · · Score: 1

      ...and yet it all makes sense, because Sessions (R-AL) is the most retarded member of the Senate.

    6. Re:Well, now... by bhima · · Score: 1

      and *that* is saying something.

      --
      Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
    7. Re:Well, now... by donaldm · · Score: 1

      A small Texas company? Now why does this sound familiar?

      --
      There ain't no such thing as proprietary standards only proprietary formats. Standards are by definition open.
    8. Re:Well, now... by sm62704 · · Score: 1

      Wow. Shows how passionate slashdotters are about this. "That's just fucking retarded" in any thread about any subject usually garners either a -1 flamebait or -1 offtopic, and this one is +5 insightful.

      What worries me is I agree with the mods here.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    9. Re:Well, now... by Anonymous Coward · · Score: 0

      While I do agree with the sentiment, the GP deserves Insightful like Denis Leary deserves a lifetime-achievement award from the American Lung Association. "Insightful" does not mean "I agree".

    10. Re:Well, now... by bl4sphemy · · Score: 2, Interesting

      As an Alabamian, I have to completely agree with this statement. Jeff Sessions (and our other senator, Richard Shelby) are both retarded and corrupt to the depths of their nonexistent souls. If only other people in Alabama had half a fucking clue about how terrible they are we would be a lot better off. Buuuuuut instead we get shafted by putting the same corrupt politicians in power that don't give a damn about their constituents and are only there to pad their wallets. Fucking disgusting...

    11. Re:Well, now... by Anonymous Coward · · Score: 0

      Can't really say more than that, unfortunately.


      I don't know. I could say that this whole patent office mess is... patently absurd.

      See what I did there? With the word "patently?"

      Awww... whaddya' know from funny?
    12. Re:Well, now... by sm62704 · · Score: 1

      Well, although I agree with your comment I still don't see how the comment in question is insightful. I also agree with you that too many slashdotters will mark any comment they agree with as insightful.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  2. Ugh by Anonymous Coward · · Score: 3, Insightful

    Problem is, in this case it might be required as such a distinction in law might not exist.

    1. Re:Ugh by aldousd666 · · Score: 4, Insightful

      I'm not sure you need an advanced degree to figure out that a patent granted based on 'what' you are scanning as opposed to say 'inventing the scanner' is a bit on the obvious side. We should also see patents on scanning each other thing that it's possible to scan. These guys didn't invent a scanner, nor the idea that you should store digital data once you've scanned it, they've only articulated that it's something they'll be doing using a scanner that what they'll be scanning and storing are 'checks'. That's fucking ridiculous. I'll take on out on Newsprint media then. How about Comic Books? perhaps I can 'invent' a system that will 'enable' you to scan your ass on a copier and archive it for later ensuing hilarity. This doesn't show anything but the fact that the guys who granted this patent didn't actually think about it, and that the guys debating it right now are being paid not to admit that they've thought about it by some lobbyist. I'm all for freemarkets and IP, but god damnit, someone vet these things.

      --
      Speak for yourself.
    2. Re:Ugh by Hognoxious · · Score: 1

      perhaps I can 'invent' a system that will 'enable' you to scan your ass on a copier and archive it for later ensuing hilarity.
      I'd guess that facebook have prior art.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  3. Bank Patent #1 by tristian_was_here · · Score: 0

    Charge people for withdrawing their money

  4. Or, instead of feeding the patent troll by FireballX301 · · Score: 5, Insightful

    They can cashier the USPTO Commissioner, appoint a new one, and order a comprehensive review.

    A billion dollars. Talk about misuse of taxpayer funds.

    1. Re:Or, instead of feeding the patent troll by Anonymous Coward · · Score: 1, Funny

      A billion dollars. Talk about misuse of taxpayer funds.

      Wow, better to spend on a patent than avoid an unnecessary war!

    2. Re:Or, instead of feeding the patent troll by Anonymous Coward · · Score: 2, Insightful

      STFU there's no reason to bring up the "unnecessary" war in every government action.

    3. Re:Or, instead of feeding the patent troll by thegrassyknowl · · Score: 4, Informative

      A billion dollars. Talk about misuse of taxpayer funds.

      At least it's a start. Somebody realised that the patent could be abused to fuck practically everyone (if you fuck the banks the banks fuck the people; bankers aren't about losing money).

      $1B is a lot of money. Perhaps in the future someone will look back and decide that they could have saved that money by reforming the patent system. It's all too easy to nay-say (I am guilty) but some small movement, even backwards sometimes, is good in what is a mostly stagnant area.

      Also, don't forget that this small Texas startup sold their patent for $1B then paid half back in tax on their earnings.

      --
      I drink to make other people interesting!
    4. Re:Or, instead of feeding the patent troll by spyder-implee · · Score: 0

      If you don't pay it from your taxes, the bank will charge you it in fees. The better option is for common sense to govern. :(

      --
      Take what ye can. Give nothing back!
    5. Re:Or, instead of feeding the patent troll by superswede · · Score: 4, Insightful

      > $1B is a lot of money. Perhaps in the future someone will look back and decide that they could have saved that money by reforming the patent system. It's all too easy to nay-say (I am guilty) but some small movement, even backwards sometimes, is good in what is a mostly stagnant area. ...or maybe it's time to reform the US bank system - checks belongs to the 20th century!

      Start by providing real electronic transfers and bill payments. For example, to transfer money electronically between accounts in two different US banks (e.g. BofA, WellsFargo, ...) costs something like 20-40 USD and the receiving bank may charge an additional 10 USD. As a comparison, most transfer within the EU is free across banks and countries! It is even cheaper to send money from EU to the US, than within the US.

      The cheapest solution in the US is to send the money via a check. <sarcasm>We've got this beautiful service where we can do "online" payment, which in practice means that a physical check is printed somewhere in the US, mailed to the recipient who then drop it of at her/his bank to cash it. The bank then probably send the check off to another location where it is *scanned* so it can be archived and verified later. That is what I call an efficient bank system.</sarcasm>

      So, maybe DataTreasury is doing us a favor - we might get an improved bank system without checks.

    6. Re:Or, instead of feeding the patent troll by LiENUS · · Score: 3, Insightful

      STFU there's no reason to bring up the "unnecessary" war in every government action. I can think of about a half a trillion reasons to bring up the "unnecessary" war in every government action.
    7. Re:Or, instead of feeding the patent troll by superswede · · Score: 2, Funny

      ...or maybe it's time to reform the US bank system - checks belongs to the 20th century!

      Start by providing real electronic transfers and bill payments. For example, to transfer money electronically between accounts in two different US banks (e.g. BofA, WellsFargo, ...) costs something like 20-40 USD and the receiving bank may charge an additional 10 USD. As a comparison, most transfer within the EU is free across banks and countries! It is even cheaper to send money from EU to the US, than within the US.

      The cheapest solution in the US is to send the money via a check. <sarcasm>We've got this beautiful service where we can do "online" payment, which in practice means that a physical check is printed somewhere in the US, mailed to the recipient who then drop it of at her/his bank to cash it. The bank then probably send the check off to another location where it is *scanned* so it can be archived and verified later. That is what I call an efficient bank system.</sarcasm>

      So, maybe DataTreasury is doing us a favor - we might get an improved bank system without checks.

    8. Re:Or, instead of feeding the patent troll by thegrassyknowl · · Score: 1

      Start by providing real electronic transfers and bill payments. For example, to transfer money electronically between accounts in two different US banks (e.g. BofA, WellsFargo, ...) costs something like 20-40 USD and the receiving bank may charge an additional 10 USD. As a comparison, most transfer within the EU is free across banks and countries! It is even cheaper to send money from EU to the US, than within the US.

      That is highway robbery. I can make an unlimited number of electronic payments (transfers, BPay, etc) to anyone with my bank and it comes to a capped fee of $5/month. That even includes the credit card linked to my account. Getting cash is the killer here. If you want cash it can cost up to $5 per ATM transaction depending on the two banks involved. The Govt and banks are keen to make everything electronic because it's easier to track you and make sure you pay your taxes if you don't use that pesky cash stuff. Also, they can save money by not printing anymore of that costly cash stuff.

      --
      I drink to make other people interesting!
    9. Re:Or, instead of feeding the patent troll by andruk · · Score: 0

      And 500 million to a small company is still making a lot of assholes rich.

      The rest of your post still stands, though; perhaps this will prompt a good long look at the patent process and the way the US is being run.

    10. Re:Or, instead of feeding the patent troll by Cassius+Corodes · · Score: 1

      I don't think this conspiracy really needs to involve the government. ATMs and tellers are just expensive for the banks so they discourage its use by charging a high fee for its use.

      --
      Control is an illusion, order our comforting lie. From chaos, through chaos, into chaos we fly
    11. Re:Or, instead of feeding the patent troll by djrok212 · · Score: 1

      Actually, 1B isn't really that much money. It's just a lot of money to you and I.

    12. Re:Or, instead of feeding the patent troll by Thing+1 · · Score: 3, Informative

      I can think of about a half a trillion reasons to bring up the "unnecessary" war in every government action.

      Just to clarify, given the current spending to date: your reasons cost about $2 each.

      --
      I feel fantastic, and I'm still alive.
    13. Re:Or, instead of feeding the patent troll by LiENUS · · Score: 1

      You're probably right, but I based my statement on what I found at http://www.nationalpriorities.org/costofwar_home which was found by a quick google for "cost of the war." Honestly though as with all things it's virtually impossible to give a real number for what it cost, give me enough time i could probably give you "proof" that it has only cost the us 10$.

    14. Re:Or, instead of feeding the patent troll by bluephile · · Score: 1

      Start by providing real electronic transfers and bill payments. For example, to transfer money electronically between accounts in two different US banks (e.g. BofA, WellsFargo, ...) costs something like 20-40 USD and the receiving bank may charge an additional 10 USD.

      Banks charge an arm and a leg for wires, but ACH transfers are generally free of charge. Some banks call them 'eChecks,' and it's the same way online bill-pay services work.

    15. Re:Or, instead of feeding the patent troll by Anonymous Coward · · Score: 0

      It's a little-talked about story because of all the other blunders of the Bush administration, but there is a lot of talk in the Patents community about the flawed PTO management. Bush appointed heads of the patent office who have no experience in patents or management.

      http://www.bustpatents.com/exam.htm

    16. Re:Or, instead of feeding the patent troll by thegrassyknowl · · Score: 1

      In the face of trillion dollar 'wars' I guess it's insignificant. What irks me (not that I live in the US) is that $1bn is a good amount of money to inject back into social security or medicine or education. It wouldn't go real far but it would certainly be a glimmer of hope for those who live each day needing those systems.

      --
      I drink to make other people interesting!
    17. Re:Or, instead of feeding the patent troll by Hognoxious · · Score: 1

      "online" payment, which in practice means that a physical check is printed somewhere in the US, mailed to the recipient who then drop it of at her/his bank to cash it. The bank then probably send the check off to another location where it is *scanned* so it can be archived and verified later. That is what I call an efficient bank system
      It can't possibly work like that. Where's the wooden table?
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    18. Re:Or, instead of feeding the patent troll by the+grace+of+R'hllor · · Score: 1

      WTF? 20-40 bucks for a money transfer? You Americans are odd... As you say, it's completely free here in the Netherlands. Coupled with stupidity like 'recipient-pays' for cellphones (necessitated by the NANP), it's like you're living in the Stupid Ages...

    19. Re:Or, instead of feeding the patent troll by sm62704 · · Score: 1

      Why do you put the word "unneccessary" in quotes? The war in question is undoubtably the Iraq war, which was completely and totally unnecessary. It did not advance US interests one bit; rather, it further destabilized the region.

      It was necessary only for oil men Bush and Cheney to reap the benefits of a destabilized middle east. In case none of you geniuses have noticed, gasoline costs three times what it did when the Oil Barons began occupation of the White House.

      The Afghanistan war, in contrast, was completely and totally necessary.

      Funny how war in Iraq drives down the availability of oil while the Afghan war does absolutely nothing about the availability of heroin. I wish someone could explain this to me.

      -mcgrew

      PS: I also wonder why a comment that starts with "shut the fuck up" is modded insightful rather than the flamebaitit is? I see no insight whatever in the parent comment.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    20. Re:Or, instead of feeding the patent troll by Anonymous Coward · · Score: 0

      To put this into perspective, the entire yearly budget of the US Department of Agriculture is about 1.2 billion. This company should be nuked from orbit by a court (because it's the only way to be sure and will serve as an example to others).

    21. Re:Or, instead of feeding the patent troll by JimBobJoe · · Score: 1

      bankers aren't about losing money

      The current credit/mortgage crisis would suggest otherwise.

      Citigroup lost almost $10 billion in just the 4th quarter. A lot of big regional and national banks lost money and 2008 will probably continue to be an ugly year for them.

      Banks abandoned their usual conservative ways and got caught up in the greed of the expanding housing market.

    22. Re:Or, instead of feeding the patent troll by cayenne8 · · Score: 1
      "Coupled with stupidity like 'recipient-pays' for cellphones"

      Yet somehow, it still apparently turns out to be cheaper over here in the US for voice calls....

      I'd wondered why they SMS over in Europe so much, and I've been told it is cheaper due to the high cost of voice calls over there. Over here for like $30-$40 or less a month...1000 anytime minutes, and nights and weekends free (starting at 7pm for me). I don't talk on the cell that much during the day...but, I am constantly on the phone nights and during the weekends, not to mention that long distance to anywhere in the country is free...and most of my calls are LD.

      It works out pretty cheap for me....I even dropped my landline and now just use the cell.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    23. Re:Or, instead of feeding the patent troll by cayenne8 · · Score: 1
      "What irks me (not that I live in the US) is that $1bn is a good amount of money to inject back into social security or medicine or education."

      Or, an even better idea...let me keep more of my hard earned dollars rather than putting it into a 'wealth re-distribution' system....or [gasp], let me contribute to the charity of my own choosing.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    24. Re:Or, instead of feeding the patent troll by mdielmann · · Score: 1

      Wow. It appears that all we need is about 200 patents a year that will totally harm major businesses in order for patent law to be reformed. Once the government's payout on bad patents reaches a significant portion of the cost of having a war, perhaps they'll consider patent reform to be the lesser inconvenience.
      Of course, getting the money for writing these patents for the goal of patent reform is icing on the cake. We may have a way to finally engage in patent reform without requiring large sums of money in legal fees and lobbying.
      It makes you look at patent trolls in a whole new way.

      --
      Sure I'm paranoid, but am I paranoid enough?
    25. Re:Or, instead of feeding the patent troll by sustik · · Score: 1

      My credit union just did a wire transfer for $15. Directly from my account to an account at another bank.

    26. Re:Or, instead of feeding the patent troll by thegrassyknowl · · Score: 1

      Banks abandoned their usual conservative ways and got caught up in the greed of the expanding housing market.

      The expanding house market was a good bet for a small number if people. Banks probably believed that they could sustain that level of investment into the market. It's too bad that prices are far in excess of what normal people can afford now.

      --
      I drink to make other people interesting!
    27. Re:Or, instead of feeding the patent troll by thegrassyknowl · · Score: 1

      The US gumbiment (and others) are more interested in protecting big businesses because big businesses pay big taxes and can afford big lobbying. Look at the whole farce that is the DMCA/copyright reform. There is no protection of Joe Public in there. It's all about protecting the media industry profits.

      The patent troll in this case could have leveraged considerable royalties from banks where the US has patent jurisdiction from now until the cheque system was abolished. That would have very likely exceeded the $1bn mark.

      It is true though, when you start using laws to hurt the people who have the power to lobby the government then said people will lobby the government for a change to the laws. There is a small window there to get in and IMPROVE the law rather than letting the corporations bollocks it to cement their profit for another few years.

      --
      I drink to make other people interesting!
  5. I better get started on that letter! by Anonymous Coward · · Score: 0

    So, I go back in time a few weeks ago, write a letter to my senators and representative about this, and by the time it clears all their anthrax-detectors and security checks, I might get an auto-generated response 3 months after they give my money to this guy (why can't they tell the banks to pay the $1 billion?) thanking me for my input and telling me that they don't care what I think because I didn't attach a large enough check.

    And people wonder why nobody participates in this shit anymore.

    1. Re:I better get started on that letter! by Anonymous Coward · · Score: 0

      they already did tell the banks. Unfortunately, they told them things they must do, and it turns one of those things banks are required to do infringes on this patent.

  6. Well can't say I blame em. by Chris+Burke · · Score: 3, Interesting

    I mean, it's not like substantive patent reform -- in particular reform that as a side effect fixes this specific case -- is something they can exactly toss together before the term is up. And now that pretty much everyone realizes our economy is treading water before a recession, keeping the banks up seems like a good idea. I mean if we're going to be spending billions in tax payer money to keep banks afloat after the subprime mortgage fiasco, this doesn't seem like that big a deal.

    Sometimes a band aid is better than a hastily planned and thus ill-conceived surgery.

    --

    The enemies of Democracy are
    1. Re:Well can't say I blame em. by moderatorrater · · Score: 2, Insightful

      And now that pretty much everyone realizes our economy is treading water before a recession...Sometimes a band aid is better than a hastily planned and thus ill-conceived surgery Something is better than nothing, and a small, quick fix is better than a large, bad one. However, in an economy that's teetering on the edge of recession (if not already in it), it seems like a good idea to kill patent trolls as best they can. It doesn't even have to be much; make it so that the company has to have a viable product on the market to be able to sue for infringement and limit the licensing fees to the time that the product was on the market. Quick, simple fix that makes it so that a company has to at least be investing something into the economy when they enforce the patent.

      Probably the worst thing about this fiasco is that, by creating this law, they're admitting that there's a problem with the patent system, but not fixing it. If congress were to have plans to enact real patent reform, but they want to get this done first so banks don't have to wait, that'd be reasonable. Instead, we have a congress that's only going to do anything this time because it's affecting a rich industry.
    2. Re:Well can't say I blame em. by Anonymous Coward · · Score: 0

      Yes because scanning and archiving data is so novel. what a great idea, I wonder if anyone did this kind of thing on BBSs. OH WAIT! How about eminent domain and pay the fucker a dollar. Then disbar all they lawyers who signed on to it. Or, instead we could lynch the whole bunch of them for being pedantic. Which incidentally is the outcome I'd prefer. The fact that it's a check that's important data someone as opposed to pics of Traci Lords is irrelevant.

    3. Re:Well can't say I blame em. by TheGeneration · · Score: 1

      I bet all the money in the world that the patent holder is heavily contributing to both parties. Why sue when you can get a cool easy billion?

      --


      The Generation
      I'd say something witty here, but I'm not that bright.
    4. Re:Well can't say I blame em. by Opportunist · · Score: 1

      Problem in this: What if you have the greatest idea since sliced bread, but to implement it, you'd have to invest a ton of money, more money than you could raise or any sensible investor would give you?

      This would not encourage to innovate. Worse, it would take away any incentive to invest into young enterprises. Instead, large companies would simply try to bleed them dry so their patents become "unused" and thus free.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:Well can't say I blame em. by TubeSteak · · Score: 5, Interesting
      FTFA:

      The banks allege that DataTreasury bought up patents for the system that underlies electronic transfers and is trying to shake down companies for licensing fees. But DataTreasury asserts that Ballard is the inventor of the system and built a company to sell it before being squashed by banks that stole his idea. Court battles have raged between the two sides for six years.
      ...
      He said he talked to some bank officials at an early stage of the check system's development and, despite having signed nondisclosure agreements with them, soon lost control over his invention. It sounds like maybe the banks got themselves into this mess and perhaps deserve what is coming to them.

      Not to mention that Senator Session's explanation sounds a bit dishonest:
      "in the wake of the grounding of aircraft laden with billions of dollars in checks after the Sept. 11, 2001, attacks -- federal law was changed to allow electronic transfers as well."

      "Stephen Boyd, a spokesman for Sessions, said the provision "is designed to protect banking institutions complying with post-9/11 security requirements from the abusive practices of patent trolling trial lawyers"

      Which is it?
      Were electronic transfers allowed by the Feds or required by post 9/11 security requirements?
      This whole thing reeks of corporate asshattery.
      --
      [Fuck Beta]
      o0t!
    6. Re:Well can't say I blame em. by moderatorrater · · Score: 3, Insightful

      What if you have the greatest idea since sliced bread, but to implement it, you'd have to invest a ton of money, more money than you could raise or any sensible investor would give you? First, the idea was that you could get a patent just like normal right now, but to enforce it you'd need a working product.

      In this instance, if you have this great idea and can't get the money any other way, what's the use of the patent you have currently? All it's doing is stopping others from making the best thing since sliced bread while you'll never be able to do so. If you were to approach one of the corporations that would profit from your invention, work out a licensing deal with the company so that they can use the patent and nobody else can.

      This is in your best interest since you'll get the money to develop the invention and you will, presumably, be getting large amounts of money for it. It's in the corporation's best interest since they have a monopoly for a while. It's in the economy's best interest because the person with enough talent to come up with the idea in the first place now has the money and the leisure to come up with more ideas while schoolteachers can show their students how all they need are brains and creativity to make it in this country.
    7. Re:Well can't say I blame em. by slashqwerty · · Score: 4, Insightful
      To use eminent domain on a patent is to reinforce the notion that patents are property rather than an exclusive right. Congress doesn't even have the authority to do this. If our forefathers wanted congress to grant money to inventors they would have placed that power in the constitution. Instead they carefully limited what congress could do:

      To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

      There is nothing in that statement about congress purchasing someone's rights.

      Consider another intellectual right. Congress has retroactively extended copyrights with every copyright extension in history. Certainly they should be able to retroactively shorten it. But if that day ever comes copyright holders are going to start screaming eminent domain.

    8. Re:Well can't say I blame em. by Anonymous Coward · · Score: 0

      We're treating water on the edge of a recession, why? would 30 years of foreign oil dependence? 20 years of 'cheap Chinese' imports, and to top it all off a bunch of laws making it harder for companies to stay in business unless they have 'niche' markets that the foreigners don't want, or don't understand well enough to replace local production.

      Well, I'd say that is a recipe for recession add on top of it the fact that we've had standing army forces in Germany, Japan and South Korea, and on top of that are fighting a war in Afghanistan and Iraq...

      Just where exactly is the money coming from?

      the auto industry hasn't been that great, Japan and Korea both export to us, while neither import very many American made cars. It is true, that American movies, television etc are exported globally, and windows is exported globally, and American tobacco is sold world wide... plus you can get coca-cola anywhere...

      Microsoft brought a lot of money back to America, only to start sending it to 'India' when they realized they could make more money investing overseas than in the USA...

      Unless an American revolutionized hydrogen fusion, i really don't see a viable path to renewed 'prosperity' for America. China has won the war by poisoning their rivers, and blackening their skies with soot.

      add-in the fact that many American children are totally unwilling to work at jobs that, involve doing work. and we've got a recipe for a collapse of a once great country.

    9. Re:Well can't say I blame em. by acvh · · Score: 1

      There is no "reform" in this legislation. We pay the patent holder $1,000,000,000 dollars and take his patent. If I'm him it's a no brainer. No lawsuits, no possibility of losing, and I get a billion dollars.

      As an American citizen all I can say is, that billion dollars better come from the banks, and not from taxpayers.

    10. Re:Well can't say I blame em. by mog007 · · Score: 1

      While I disgree with what Congress is doing, you're implying that the patent owner has an option to disallow Congress to buy the patent.

      If they use eminent domain, then you have no choice in the matter, you make the sale and take the money, or you go to jail.

    11. Re:Well can't say I blame em. by iamhassi · · Score: 1

      "Problem in this: What if you have the greatest idea since sliced bread, but to implement it, you'd have to invest a ton of money, more money than you could raise or any sensible investor would give you?"

      Actually the problem is the fucktards at the patent office allowed these assholes to patent sliced bread even though slice bread already existed everywhere, so now they've been given free reign to run around raping the banks.

      The real question is what can't you patent? Has anyone tried patenting doorknobs or wheels lately?

      go ahead, mod me down, i've been on /. for 10 yrs and ooze karma. You know I'm right.

      --
      my karma will be here long after I'm gone
    12. Re:Well can't say I blame em. by Lally+Singh · · Score: 1

      Makes it a great time to show up with a patent that could threaten the economy, doesn't it?

      it's racketeering, and they're getting away with it.

      --
      Care about electronic freedom? Consider donating to the EFF!
    13. Re:Well can't say I blame em. by Anonymous Coward · · Score: 0
      Unless an American revolutionized hydrogen fusion, i really don't see a viable path to renewed 'prosperity' for America.

      We need the Fair Tax (fairtax.org) to encourage businesses to come (and come back) to this country. Capital is one commodity that can move where ever the hell it wants, and where it wants to go is where it's welcomed by lower costs of doing business. The atmosphere here nowadays is anti-capital. No wonder business and industry have moved elswhere. There are several trillion dollars of capital that are offshore now that would come back if the Fair Tax were made law.

    14. Re:Well can't say I blame em. by greenbird · · Score: 4, Insightful

      It sounds like maybe the banks got themselves into this mess and perhaps deserve what is coming to them.

      You would have to be an idiot not to see this idea as the most obvious thing to anyone with even half a wit. This idea was inevitable and the idiot that got the patent didn't "invent" anything. It was simply an idea waiting for the cost of the technology and the legal system to catch up with it. That this patent was upheld pretty proves the USPTO is run by morons who would think tying your shoe with a double knot is original enough to be patentable. Digitally scanning documents and using the scans as legal instruments, yeah that took a genius to think up. The banks didn't steal this guy's idea they just took the obvious next step probably oblivious that anyone even talked to the shyster with the patent. I come up with 100's of more original ideas every month in my daily work.

      --
      Who is John Galt?
    15. Re:Well can't say I blame em. by Zeinfeld · · Score: 1
      You would have to be an idiot not to see this idea as the most obvious thing to anyone with even half a wit. This idea was inevitable and the idiot that got the patent didn't "invent" anything.

      The FSTC electronic check project started way before I came to the US in 1995. I really don't understand how the patent could possibly be granted, the prior art was known to pretty much every specialist in banking security in the 90s. I attended a whole series of presentations where folk from the banks posted pictures of the planes flown by the Federal Reserve and said that the system was broken.

      We should not be paying $1 billion as taxpayers for a patent invalidated by prior art that anyone in the field would have known about.

      My House rep is Markey (or rather he would be if I had a vote). I will call his office in the morning and ask if they are going to have hearings. This is broken.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    16. Re:Well can't say I blame em. by Anonymous Coward · · Score: 0
      Sometimes a band aid is better than a hastily planned and thus ill-conceived surgery.

      Fine -- declare eminent domain on the internet, give the fucking telcos $1B and tell them net neutrality started this afternoon. Fine for evasion -- $1B.

    17. Re:Well can't say I blame em. by swv3752 · · Score: 1

      What is to stop the corporation from going, "oh that's a good idea. I am not going to pay you and you cannot stop me because you lack a working implementation."

      See the flaw?

      --
      Just a Tuna in the Sea of Life
    18. Re:Well can't say I blame em. by Beltonius · · Score: 1

      Unless an American revolutionized hydrogen fusion You mean like Robert Bussard? He's almost there but can't get funding because it would prove that the billions that have been spent on Deuterium/Tokamak research have been pointless, at least in terms of developing commercially practical fusion power. Also, hydrogen (deuterium-tritium) fusion isn't the way to go...the vast majority of the energy ends up in a high-velocity neutron that can't be captured effectively and will just irradiate the reactor housing, turning it into nuclear waste.
    19. Re:Well can't say I blame em. by Beltonius · · Score: 1

      We should not be paying $1 billion as taxpayers for a patent invalidated by prior art that anyone in the field would have known about. If by "in the field" you mean "anyone who's used online banking"?

      But yes, I completely agree; the patent never should have been granted, the examiners who approved it should be at the very least slapped upside the head and more likely fired/demoted and the patent should be seized for a fee orders of magnitude less than the $1bn proposed.
    20. Re:Well can't say I blame em. by Daniel+Phillips · · Score: 1

      I bet all the money in the world that the patent holder is heavily contributing to both parties. It is not as simple as that. From the article: Political action committees of financial institutions were the largest single category of industry donors to Sessions, with $52,300 in the current election cycle...

      Never mind what could be flowing beneath the surface.
      --
      Have you got your LWN subscription yet?
    21. Re:Well can't say I blame em. by moderatorrater · · Score: 1

      Yeah, but the way to fix that flaw would be to set up a system where two people or corporations or what have you can make a legally binding agreement or covenant. If these mythical things were to exist, then the inventor would be able to use that to make sure that the company pays him if they decide to use his idea.

      Even then, let's say that there are three companies in this particular market. The first one hears his idea, tells him to go screw himself and then implements it anyway, laughing the whole time. The inventor goes to the second company, who does the same thing. The inventor goes to the third company, who sees a market with two other competitors either selling or about to sell this same product. They can tell the inventor to go screw himself, or they can give the inventor a sum that, if it is actually that good, is paltry compared to the profits from being the only player in the market; as a bonus, they get to stick it to their two competitors because they have the patent.

    22. Re:Well can't say I blame em. by Chris+Burke · · Score: 1

      It sounds like maybe the banks got themselves into this mess and perhaps deserve what is coming to them.

      Yeah but sadly (or awesomely, if you're the banks), these institutions are vital to the workings of our economy, which means it is not necessarily in our best interest to let them get what's coming to them. Which is pretty crappy when you think about it, but it's more or less the same theory behind the bail outs in the subprime collapse.

      Were electronic transfers allowed by the Feds or required by post 9/11 security requirements?

      Maybe both, allowing electronic transfers can be separate from requiring scanning of checks so they can be sent to law enforcement. Hell, maybe neither directly applies, but the part about protecting them from patent trolling seems semi-genuine at least.

      This whole thing reeks of corporate asshattery.

      Indeed! I didn't emphasize it, but I'm basically assuming that this is only happening because it's going to cost the banks money, and like always they'd rather spend our nickle than their own. It's only with some bitter irony that I can also kinda maybe see the point in doing it. But damned if I like it.

      --

      The enemies of Democracy are
    23. Re:Well can't say I blame em. by Chris+Burke · · Score: 1

      Makes it a great time to show up with a patent that could threaten the economy, doesn't it?

      Not that I actually think this is part of the plan, or even that likely to happen, but doesn't the taxpayer having to shell out $1 billion in order to protect our banks and thus our economy itself from the threat of submarine patent trolls make a pretty damn good case for future reform? Our geeky one-click-patent or DRAM interface patent cases are perfectly clear cases to us, but this seems more mainstream.

      it's racketeering, and they're getting away with it.

      Yeah, probably. Sad part is that unless some major change to patent law came around, they'd probably get away with it one way or another.

      --

      The enemies of Democracy are
    24. Re:Well can't say I blame em. by kesuki · · Score: 1

      well i said hydrogen fusion, but technically any form of 'cheap energy production' that could be patented, and was able to be sold for use in vehicles, or as a cheaper energy production method than king coal, for electricity, would be able to reverse the money flow to America.

      of course, that money could then flow out of America if the founder was greedy...

      and while 'fair tax' laws would be really good at disrupting the global economy (some one suggested that as a solution to America's hemorrhaging money overseas) the amount it would help America is in doubt. After all, once a rich person gets addicted to 'offshore' money, there is no guarantee they wouldn't simply move to Brazil, Japan or somewhere else than America.

      We could restore a need for local industry through taxation, but we couldn't guarantee how much wealth we could keep 'inside America' money is liquid, and the rich can and will flee persecution by governments if they feel incensed by the laws.

    25. Re:Well can't say I blame em. by djrok212 · · Score: 2, Informative

      Before 9/11 banks were required to forward paper copies of all of their checks through a central clearing house. This is where the term "waiting for a check to clear" comes from. Now, they can convert these paper checks into electronic transfers. By keeping scanned copies of the paper checks, they are actually protecting you in the case that there is an error in the electronic transfer.

    26. Re:Well can't say I blame em. by servognome · · Score: 1

      To use eminent domain on a patent is to reinforce the notion that patents are property rather than an exclusive right
      "Subject to the provisions of this title, patents shall have the attributes of personal property."

      If our forefathers wanted congress to grant money to inventors they would have placed that power in the constitution
      It is implied in the 5th Amendment
      "nor shall private property be taken for public use without just compensation"
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    27. Re:Well can't say I blame em. by Anonymous Coward · · Score: 0

      Listen up Mr. Lets Just Surrender in Iraq,
      Lets not question the 9/11 security requirements so quickly. They are meant to protect us. These banks need to send me crappy copies of my canceled checks instead of the real mccoy because it MAKES US SAFER! Can you imagine aircraft laden with burning checks flying around like circling hindenburgs, slamming into things and causing identity theft and stuff. Get real honcho.

    28. Re:Well can't say I blame em. by Anonymous Coward · · Score: 0

      "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."

      Also See 28 U.S.C. 1498
      The US government doesn't even have to buy the patent to use it. They are free to use it without the term "patent infringement" it's simply called eminent domain. Likewise under the FAR it can provide this power to contractors...

    29. Re:Well can't say I blame em. by Anonymous Coward · · Score: 0

      Because if the first corp does that any corporation can come along and take advantage of the idea too. If the first corp wants a monopoly they can't afford to invalidate the patent.

    30. Re:Well can't say I blame em. by Anonymous Coward · · Score: 0

      However, in an economy that's teetering on the edge of recession (if not already in it), it seems like a good idea to kill patent trolls as best they can. It doesn't even have to be much; make it so that the company has to have a viable product on the market to be able to sue for infringement and limit the licensing fees to the time that the product was on the market.
      Well, I preferred your first idea about killing them.
    31. Re:Well can't say I blame em. by chriseyre2000 · · Score: 1

      Wait for the subsequent windfall tax that will claim back the $1B...

    32. Re:Well can't say I blame em. by KDR_11k · · Score: 1

      Typical upmod appeal. It's already pretty much concensus on /. that most patents are invalid, even the icon for patents has this criticiesm implicit. The only downmod you might get is Redundant.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    33. Re:Well can't say I blame em. by Opportunist · · Score: 1

      Has anyone tried patenting [...] wheels lately?

      Umm... Yes. It was also granted, but revoked after he won the IgNobel prize for actually getting the patent. Guess the Aussie Patent office didn't want to look like fools.

      Well, too late! :)

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    34. Re:Well can't say I blame em. by sm62704 · · Score: 1

      Sometimes a band aid is better than a hastily planned and thus ill-conceived surgery.

      Yeah, but while the cut finger (banks) get the band aid, the heart attack (broken patent system) is killing the patient. Maybe they'd best forget the finger and treat the life-threatening illness?

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    35. Re:Well can't say I blame em. by Hognoxious · · Score: 1

      It sounds like maybe the banks got themselves into this mess and perhaps deserve what is coming to them.
      There's a corny old joke that goes:

      If you owe the bank ten thousand dollars, you have a problem.
      If you owe the bank ten million dollars, the bank has a problem.


      In the wake of the subprime crisis, maybe we should add another line:

      If the bank owes ten billion dollars, everyone has a problem.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    36. Re:Well can't say I blame em. by Anonymous Coward · · Score: 0

      Yup.

      Except the average cost to ram a patent application through the USPTO is $20,000.

      Good luck with that, independent inventors.

    37. Re:Well can't say I blame em. by cayenne8 · · Score: 1
      "and while 'fair tax' laws would be really good at disrupting the global economy (some one suggested that as a solution to America's hemorrhaging money overseas) the amount it would help America is in doubt."

      Can you explain how implementing the fair tax would lead to such ruin to the global economy?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    38. Re:Well can't say I blame em. by blueskies · · Score: 1

      keeping the banks up seems like a good idea.
      What does this have to do with keeping the banks up?

      I mean if we're going to be spending billions in tax payer money to keep banks afloat after the subprime mortgage fiasco, this doesn't seem like that big a deal.
      Why should they spend tax money to pay for a civil patent lawsuit between two companies? Is it ok if rip of a patent now and then ask the Senate to help me out? Why did some banks decide to license the patent and some didn't? Are we going to reimburse the ones that were smart and licensed the patent?

      And finally, why should taxpayers pay for this patent?? Why not let the consumers that use those specific banks pay for it? At least "tax" the people that should be getting taxed. Why are republicans trying to get gov't to interfere with corporations and property?
    39. Re:Well can't say I blame em. by Zeinfeld · · Score: 1
      If by "in the field" you mean "anyone who's used online banking"?

      No, I mean by a person of ordinary skill in the art. It was public knowledge when the patent was filed.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    40. Re:Well can't say I blame em. by kesuki · · Score: 1

      say you're bill gates, and own Microsoft. say the 'fair tax' laws (tarrifs) get passed, then because we added tarrifs, other countries add tarrifs, to 'keep the playing field level' against our exports. it tends to snowball to the point where it becomes basically impossible to run a multi-national, so companies are broken up 'on paper' if not in fact, so for instance bill gates becomes the owner of several Microsoft entities operating in multiple countries, since money isn't tarrifed, he can still make all the money, and move wherever he wants to to enjoy his riches. so 'fair tax' laws don't necessarily help, unless you tie it to 'environmental protection standards' rather than to specific countries. then it might work, since most industrialized nations (except china) have fairly good environmental protection laws.

      as to catastrophe, i never said fair tax laws will cause a global economic collapse, i said they wouldn't 'keep' money in the USA, although the lack of 'cheap energy' will eventually cause a fairly heavy strain on the global economy, and the us economy is in bad shape, from the past 30 years of 'exporting' money overseas. if there wasn't heavy foreign investment in the USA we would already be in a depression cycle.

  7. Is anyone really surprised by this? by ashridah · · Score: 4, Interesting

    If you consider that pretty much all money in existence today is backed solely by debt, is anyone really surprised?

    Why does anyone entertain the idea that the banks need to be bailed out? I would be inclined to let the economy finally crumble, and rebuild it. Sure, it'll suck, but we'll be better off because of it, if we fix it the right way.

    1. Re:Is anyone really surprised by this? by evanbd · · Score: 4, Insightful

      if we fix it the right way.

      And what makes you think we would do better the second time around? Is there any actual evidence that anyone knows how to do better (as in, backed by at least a modicum of data, not just a few papers and manifestos)? Is there any evidence that if they do, the people actually rebuilding the economy would pay any attention?

      What makes you think that drastic economic changes would actually succeed? Do you know of any significant examples of replacing a capitalist system with something drastically different and having it work?

    2. Re:Is anyone really surprised by this? by ashridah · · Score: 1

      I don't, on hand, no, but see referenced video in my previous post, it mentions a few, and there are probably references for them available.

      There are various schemes based on units of work, etc, although I'm not optimistic about those personally.

      Since then we need to value a job in terms of units of work as well, which means we need to accurately determine how much work is required. What's more, we'd need to consider whether we scale work appropriately based on ability of the participants. Is a smarter and/or more capable person worth more work units? if so, that makes less capable people worthless, and doomed to remain worthless.

    3. Re:Is anyone really surprised by this? by Anonymous Coward · · Score: 0

      There are many unsolved fundamental problems with the way market economies work. The amount and source of money is only one of those, self-perpetuating wealth without merit another. Unless you have a really good idea for solving these problems (without losing sight of the competitive nature of mankind,) making the system crash will just cause another expensive and dangerous iteration. Even though that is probably inevitable in the long run, I would prefer that it isn't caused by such a rather unimportant and ultimately cheap irritation.

    4. Re:Is anyone really surprised by this? by Anonymous Coward · · Score: 3, Informative

      If you consider that pretty much all money in existence today is backed solely by debt, is anyone really surprised?

      Backed by debt? So what? Is a shiny yellow metal any better? Why is gold valuable? There are two main reasons:

      1. people think it is valuable
      2. it has innate industrial value

      Reason #1 can apply to anything else: seashells, silver, euros or dollars. As long as people think it is valuable, it is valuable. Believing in the value of pieces of paper that say "this note is legal tender" is no less valid than believing in the value of gold.

    5. Re:Is anyone really surprised by this? by Cadallin · · Score: 1, Insightful
      It worked the last time, and we got a good 30-40 years out of it, before the republicans destroyed it. The New Deal & Great Society did not collapse on their own. They are struggling under a concerted 50 year campaign by the Republican party to destroy them. Social Security is still around, despite every effort of the republicans to kill it (up to and including stealing the entire trust fund). Bretton Woods took a long time to show its flaws, and it was undermined by republicans pushing for unfair advantages to export nations (which the USA was at the time), and it took the combination of Vietnam and Richard Nixon's trade with communist China (a horrible, horrible idea) AND the Oil Crisis to bring it down.

      The sources of the current problems are not mysterious. We know how every one happened. There's just too much misdirection by the Neo-Conservatives and Libertarians ranting about how the market is so "magical" and "mysterious" that no one can understand it. That's bullshit. You approach scientifically just like any other field of study.

    6. Re:Is anyone really surprised by this? by Anonymous Coward · · Score: 1, Interesting

      There's just too much misdirection by the Neo-Conservatives and Libertarians ranting about how the market is so "magical" and "mysterious" that no one can understand it. That's bullshit. You approach scientifically just like any other field of study. I've never met a conservative or libertarian who called the market magical or mysterious or claimed it was beyond understanding.
    7. Re:Is anyone really surprised by this? by rabtech · · Score: 3, Informative

      So what? There are two major things you need to understand about money systems, then it all makes sense.

      1. Commodity-backed currency is not inflation or deflation proof! Instead of being impacted by elected or appointed government officials (who must adhere to various standards of transparency around the world), the value of the currency is impacted by the availability of the commodity compared to the real growth of the economy. If you strike a new major source of Gold your economy experiences massive inflation and a huge shock (see: Spain, 1600s). If you fail to discover new sources of gold, you experience deflation as the same ol' amount of gold must now account for your increased population, productivity, and/or GDP.

      2. The Federal Reserve does not adjust the money supply purely by open market operations or reserve requirements; what you were taught in high-school economics is wrong. The Feds have a target overnight lending rate, which is how they control inflation. Banks have set reserve requirements that they MUST meet or they cease operating.

      If a bank is below its reserve requirement, the overnight rate will tend toward infinity; if the choice is paying 45% interest or shutting down operations, the bank will pay 45%. The problem is if the Fed buys or sells bonds, or adjusts reserve requirements, that changes the total amount of reserves in the system, which affects the Banks, which in turn requires an off-setting operation by the Fed to push the overnight rate back where the Fed wants it to be.

      The real way money is injected or removed from the economy in a fiat money system is through government debt... after all, the only reason you and I need that fiat money is to pay the government's taxes, otherwise we could just use our own money or some other country's money.

      Whenever the government takes in more money than it spends (surplus), this tends toward deflation. The Treasury pays off its loans from the Fed, resulting in money evaporating from the Reserve Banking system entirely! All those people calling for the government to balance its budget have no idea what they are talking about - if the government did that over the long term it would cause major shocks to our financial system.

      When the government spends more than it takes in, the Fed issues new currency (injecting cash into the Reserve system) by buying bonds from the Treasury. If you understand the debt this way, you realize that over half of the "National Debt" is nothing more than accounting entries at the Federal Reserve and don't represent money owed to anyone... nor even money that must ever be paid back!

      True, the value comes from somewhere, and that "somewhere" is the inflation "tax". All spending by the government above receipts is captured in the form of inflation, which itself (in small doses) encourages people to put their money to work, lest it sit and have a portion of its value evaporate every year.

      --
      Natural != (nontoxic || beneficial)
    8. Re:Is anyone really surprised by this? by m0nkyman · · Score: 1

      Missed one: Rarity.

      --
      ~ a low user id is no indication I have a clue what I'm talking about.
    9. Re:Is anyone really surprised by this? by ashridah · · Score: 2, Interesting

      The problem is, backing it by debt is inherently untenable in the long term. Once the debt is paid off (a noble goal, but not actually possible in practice,) there is no longer *any* money, resulting in the downfall of the economy.

      This problem is compounded when you consider that even if the economy is based on some amount of principle, and money is created out of the principle, and adds overhead of interest, then the only way to pay back any loans requires the creation of more principle. But when all principle is created out of debt, then there can never be enough money to pay off the interest. It's worse than a zero sum game.

      Obviously, we cannot base the economy on physical objects either. They're not convenient, and we'd wind up replacing them with some kind of convenient representation, and we'd wind up back where we started, as the representation would need to be controlled. There are things that cannot be replicated however. Work is one of them. See LETS (Local Exchange Trading System) for instance. It's unfortunate that it sounds similar to communism, yet you can easily turn it into a capitalist-like society, since it can be built without government control (and thus, is not actually communist either)

    10. Re:Is anyone really surprised by this? by bmartin · · Score: 4, Insightful

      I have to disagree. The problem here isn't the banks; it's the patent system.

      Patents were designed to help people with new, nontrivial ideas (or new nontrivial ways of doing things that provided some great benefit) protect their investments. They were primarily used for mechanical processes. Unfortunately, when America went from being an industrial nation to a service-oriented one, the rules about patents were perverted into our current catastrophic state. They're more of a legal weapon now than they are a means to secure the fruits of labor.

      There once was a time when the scientific masses used patents as a way to ensure their research would pay off. Modern parents are usually loopholes or technicalities discovered by legal teams; the businesses and the lawyers get rich; the companies that would benefit from the ability to use such technologies to help the economy progress and make the lives of the average Joe easier end up at the short end of the stick.

      Really, patents are about greed and hindering technological progress. They discourage innovation by providing an instant monopoly on technology.

      --
      "You could almost look at defense of Microsoft as a form of the Stockholm syndrome." -neapolitan
    11. Re:Is anyone really surprised by this? by Metasquares · · Score: 1

      There's a fixed amount of gold.

    12. Re:Is anyone really surprised by this? by Daimanta · · Score: 1

      It's rare(it take considerable effort to take it from the ground)
      It is limited(it's not possible to produce new gold so it's rarity does not fluctuate)
      It is durable(gold decays extremely slow, if you leave it lying around it won't change one bit)
      You can use it for a few things(it's a good conductor and makes shiny jewelry)

      All these points combined make a pretty decent holder of value.

      Euros, dollars and seashells don't have all these properties so their inherent value is different. And yes, silver has pretty much the same properties as gold making it a good holder of value.

      --
      Knowledge is power. Knowledge shared is power lost.
    13. Re:Is anyone really surprised by this? by IronChef · · Score: 2, Insightful

      I would be inclined to let the economy finally crumble, and rebuild it. Sure, it'll suck, but we'll be better off because of it, if we fix it the right way.

      That is a big if. I have basically completely lost confidence in our culture and government when it comes to The Big Issues.

    14. Re:Is anyone really surprised by this? by Anonymous Coward · · Score: 0

      >Instead of being impacted by elected or appointed

      >value of the currency is impacted by the availability

      I think the word you're looking for is 'affected'. 'Impacted' is what happens to your wisdom teeth, unless you just like talking like a business school flunky.

    15. Re:Is anyone really surprised by this? by Lord+Pillage · · Score: 1

      Of course money has value because it cannot be reproduced (easily) and therefore can hold value greater than its innate worth since this, in a way, creates rarity (since there is only one source, the mint).

      --
      try { Signature mysig = new CleverAttempt(); } catch(NonCleverSignatureException e) { postanyway(); }
    16. Re:Is anyone really surprised by this? by corbettw · · Score: 1

      How the hell did this drivel get scored Insightful?

      First off, there was no new economic system created by the New Deal, nor by the Great Society. They both functioned as government programs within a capitalistic economic system. If there was any new economic system in the last 100 years, it was the creation of the Federal Reserve, which predates the New Deal. Social Security is most certainly NOT an economic system.

      Secondly, to insist that Bretton Woods was "undermined" by Republicans is pure partisan drivel. Its collapse had as much to do with poor monetary policy in every administration starting with Truman and ending with LBJ, neither of whom were Republicans (though they probably both would be today, along with the other Democrat during that period, JFK). Nixon can be credited with trying to save the system, or at least inject new life into it, when he abolished the gold standard. But it was an inherently flawed system in the first place that ignore the effects of markets on trading of currency. The modern FOREX system is considerably more advanced and effective because it embraces markets.

      Lastly, no one says the market is "magical" or "mysterious". The under pinnings of the Free Market system are well understood by economists and theorists, and it is studied quite well as the science that it is. Saying it isn't is such a twisting of how things really are that I suspect you are not merely misinformed, but are outright lying. Though I'll take General Napoleon's advice on this matter and grant you the benefit of the doubt.

      --
      God invented whiskey so the Irish would not rule the world.
    17. Re:Is anyone really surprised by this? by EllisDees · · Score: 1

      True, the value comes from somewhere, and that "somewhere" is the inflation "tax". Then why does the government bother to tax us at all when it can just print money as it is required? If they are going to deflate the value of our money, why not make us happy by letting us keep all of our soon to be worthless money?
      --
      -- Give me ambiguity or give me something else!
    18. Re:Is anyone really surprised by this? by twiddlingbits · · Score: 3, Interesting

      Ok, approach it scientifically and

      You'll see stock prices are random. Study after study proves it. It's not a mystery but there isn't a formula either.

      You'll see that cutting tax rates leads to increased Gov't revenues by growing the economy. (Don't give me the crap about Reagan, he spent it and then some but it busted the Soviet Union..not a bad use of the money).

      You'll see the greater than 50% of the Budget goes to Social Programs started in the New Deal and continued to this day. Remember the real cost of Social Security is not well known, it's an off-budget item. And these costs are growing. Medicare alone is predicted to outgrow the growth in GNP (and thus increases in taxes if rates remanin constant) by several hundred percent.

      You'll see most people who are retired can't live on Social Security alone. So much for that program.

      You'll see that black Americans still are very improverished, and we now have a class of citizens who have been on welfare for generations. Is that helping anyone?

      You'll see that other than in 1996 when the Republicans kept their majorities in both the Senate and the House, marking the first time since the late 1920s that Republicans comprised a majority of the House for two consecutive sessions. Republicans held a majority in the U.S. Senate from 1981 through 1986 as well (Reagan 1st term), for one year in 2000 again in 2002 but not since. You can't blame long term problems on groups who haven't been in control of the process.

      You'll see a failure to increase a program budget by the proposed X% is called a "cut". If your boss didn't give you that 10% raise did your salary go down?

      It's just flat incorrect when you look at facts (scientific methods look at facts not opinions) to blame anyone but the liberal Democrats for the social spending problems we have. Democrats controlled Congress for 80% of the time, and they built the programs and they continued to fund them at increasing rates. Yes, the War in Iraq has taken money in recent years and made things worse but that's a blip of 6 yrs on the radar screen of close to 70 yrs of social spending.

    19. Re:Is anyone really surprised by this? by modmans2ndcoming · · Score: 2, Informative

      who said replace it? jut fix capitalism and you are good.

    20. Re:Is anyone really surprised by this? by modmans2ndcoming · · Score: 1

      The Stock market is Complex systems at their best. They are not Random at all.

    21. Re:Is anyone really surprised by this? by modmans2ndcoming · · Score: 1

      cutting the right tax rates a certain amount proportional to the economy will raise revenue, but like any system, drop them too low and you are not collecting enough revenue and funneling too much money to too few people. Raise them too high and you reduce the revenue and you funnel money into the hands of more people.

    22. Re:Is anyone really surprised by this? by Anonymous Coward · · Score: 1, Insightful
      1. The economy grows.
      2. A growing economy requires a growing money supply.
      3. There is a fixed amount of gold. A money supply based on gold can't grow with the economy.
      4. Deflation sets in, and the economy collapses. Economic history shows deflation is bad (because it encourages people to hold on to money instead of using it to create products, services, etc.), and a small amount of inflation is necessary to keep economies going.

      There's a reason the business cycle was a lot more exaggerated before the institution of the Federal Reserve at the beginning of the 20th century. The Great Depression was a pretty big fuck-up by the Fed, but that's because they did the exactly wrong thing: contracted the money supply to prevent deflation, instead of expanding the money supply to prevent recession. Since learning that lesson, the economic cycle has been enviably smooth by historical standards, although there's no way for a free market system to ever get away from the basic boom-bust cycle of capitalism.

      All those people who worship at the altar of gold tout the benefits of a fixed quantity of gold, but that's actually a rather huge detriment. And it's not even really true, either; the Spanish imported shipload after shipload of gold after their conquest of the Americas, and it just ended up causing huge amounts of inflation and eliminating any incentives to develop an industrial economy... unlike gold-strapped Britain (and we all know what happened after that).
    23. Re:Is anyone really surprised by this? by modmans2ndcoming · · Score: 2, Informative

      Republicans controlled congress for 20% of the time and ran up almost all our post WW 2 Debit.

      I can play the blame game too in a system that has been rigged since the turn of the 20th century to help the corporatist too.

    24. Re:Is anyone really surprised by this? by modmans2ndcoming · · Score: 1

      some leaders of nations are smarter than others and have made their currency rarer than others.

      someone smack Bush around a bit for missing that lecture in business school.

    25. Re:Is anyone really surprised by this? by emilper · · Score: 1

      And yes, silver has pretty much the same properties as gold making it a good holder of value.

      That's why the price of silver bounces up and down all the time, I suppose.

      Money are valuable because governments say so. When your government will ask you to pay the taxes in gold, corn or goats, only then will money be worthless.

    26. Re:Is anyone really surprised by this? by ashridah · · Score: 1

      No-one's suggesting that this would be easy, and it would require a substantial investment of manpower by a few people, who aren't likely to be viewed too favorably by the bank-controlled interests.

      But hey, social upheaval has paved the way for change before. Why not for the better? Only because enough people do not try. Feel free to remain cynical, but a cynic should be born from fire, not from apathy.

    27. Re:Is anyone really surprised by this? by ashridah · · Score: 1

      And a system based on something other than debt, such as *value* need not replace any of those points. While value of tangible objects isn't reasonable (after all, we got into this mess by trying to avoid having to carry around gold,) we need to consider that the government should be the one assigning value, not the banks.

      In such a system, the government would be responsible for taxing the citizens to reduce inflation, and simply printing money by giving interest free loans to people to produce new things. This would ensure that the economy was stable, and remained in control, and how well a government manages the economy would be directly reflected by how high the taxes are, vs how high the inflation rate during their term was.

    28. Re:Is anyone really surprised by this? by ashridah · · Score: 1

      Sure. But taking the patent problem at face value, we need to ask, why are the banks so powerful that the government is considering giving the banks immunity by buying the problem away? Should the bankers have this much power? Why would the bankers effectively have so much control that the citizens need to pay to deal with their problem, irrespective of what the problem actually *is*?

      I agree that patents on software aren't necessarily a great thing, but the problem is inconsequential to the fact that we're beholden to the banks, and debt.

    29. Re:Is anyone really surprised by this? by porcorosso · · Score: 1

      Then the sheeple will realize that their own isn't worth the paper it's printed on. Think about it: If the most powerful government in the world will take dollars as payment for taxes, then dollars must be valuable.

      I think you are right, however. I read a study that showed that it would cost less and cause less inflation to rid ourselves of the IRS, etc. and simply print/create the money the government needs.

      Go figure ... buy some gold or something

      --

      Silpon Designs
      Scented Paper Products
    30. Re:Is anyone really surprised by this? by Skippy_kangaroo · · Score: 4, Informative

      It's not backed by debt. It is backed by the power of the government to tax their residents.

      The power to tax is what gives it enduring value because the government can tax current and future generations in order to pay its bills. Thus, it is backed by the sum total production of the economy rather than any one particular commodity. Gold backing is just like the government being able to tax gold producers. But modern money is backed by the ability of the government to tax everyone: gold producers, silver producers, paper producers, Microsoft, etc. That is a much more enduring, less distorting and stable way to determine the value of the currency than the amount of one particular commodity that is subject to a lot of volatility in its supply and demand.

    31. Re:Is anyone really surprised by this? by evanbd · · Score: 1

      My complaint about units of work based schemes is this: how do they reward improvements in efficiency? Much of technological advancement has been about making it easier to make things, through improvements in tools and technique. That increased efficiency translates directly into higher standards of living for all concerned (either directly or indirectly). If you base pay on work required, there is greatly reduced incentive to improve efficiency. I have yet to see a scheme that was a labor theory of value that rewarded efficiency without turning into a more complicated version of capitalism.

    32. Re:Is anyone really surprised by this? by Copid · · Score: 5, Insightful

      You'll see stock prices are random. Study after study proves it. It's not a mystery but there isn't a formula either.
      On the whole, there are a lot of meaningful patterns that we would do well to note. Shiller's graph of P/E ratios vs long term yield in Irrational Exuberance is pretty illustrative that there are fundamental rules governing trends and that the efficient market hypothesis is wishful thinking. Short term prices may be a random walk, but that's about as far as I'd go.

      You'll see that cutting tax rates leads to increased Gov't revenues by growing the economy. (Don't give me the crap about Reagan, he spent it and then some but it busted the Soviet Union..not a bad use of the money).
      Let's see the data. Seriously. I've seen a lot of people attempt to see the Laffer curve in the data (my favorite being this train wreck of reasoning, but as far as I can tell, they're not doing much better than the people who are attempting to see Jesus in their toast.

      You can't blame long term problems on groups who haven't been in control of the process.
      I don't remember seeing a lot of vetoes of profligate spending under Republican presidencies when Democrats ran congress, and for the brief period when they ran both, I can't say that they were an example of fiscal restraint. Face it: Politicians have strong incentives to borrow and spend.

      You'll see a failure to increase a program budget by the proposed X% is called a "cut". If your boss didn't give you that 10% raise did your salary go down?
      If inflation is greater than 10%, yes it did.
      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    33. Re:Is anyone really surprised by this? by hackingbear · · Score: 1

      I think you are right, however. I read a study that showed that it would cost less and cause less inflation to rid ourselves of the IRS, etc. and simply print/create the money the government needs. But the government (and its constituent people) will always want infinite amount of money to satisfy infinite desire. Making the government spends based on loans collateral on tax income collected from people; at least there is a natural mean to control this inflation. Ultimately, how much the government can spend is bounded by how much the tax payer can afford. Otherwise, political pressure would drive inflation to an astronomical figure, as it used to happen.
    34. Re:Is anyone really surprised by this? by Copid · · Score: 1

      Then why does the government bother to tax us at all when it can just print money as it is required? If they are going to deflate the value of our money, why not make us happy by letting us keep all of our soon to be worthless money?
      Because the system isn't as simple as "Congress runs a deficit and the Fed prints money, buys the securities, and inflates the debt away." Treasury securities are auctioned on the open market. Sometimes the Fed buys them with its magic infinite money account in order to tweak economic parameters. Most of the time private banks and investors buy them with their not-so-magic finite money accounts. Congress can't order the Fed to monetize the debt.
      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    35. Re:Is anyone really surprised by this? by ashridah · · Score: 1

      Well, yeah. I agree. Such a system would work in a short term, but in a long term, it becomes conducive to a "throw people at a problem to solve it" We've seen how this already falls down simply by looking at the software industry. More people doesn't a problem solve faster.

    36. Re:Is anyone really surprised by this? by Anonymous Coward · · Score: 0

      if so, that makes less capable people worthless, and doomed to remain worthless.


      Not so long as they can pump out babies and collect them welfare checks...
    37. Re:Is anyone really surprised by this? by aprilsound · · Score: 1

      This problem is compounded when you consider that even if the economy is based on some amount of principle, and money is created out of the principle, and adds overhead of interest, then the only way to pay back any loans requires the creation of more principle. But when all principle is created out of debt, then there can never be enough money to pay off the interest. It's worse than a zero sum game. That's only true if the money is not used to produce anything of value. Suppose I use my loan to open another dairy. As a result of the new competition, the price of milk goes down. Now everyone who buys milk has a little extra money to pay their debts. Because the bank has more money on hand, it can loan someone else money to open a bakery, which reduces the price of bread, with similar results. You're trying to apply a logical argument to economics, which is just asking for trouble.

      Now, when a system (read country) begins to consume more than can be covered by the value it produces, that's when things start to become problematic.

    38. Re:Is anyone really surprised by this? by Anonymous Coward · · Score: 0

      i.e.: Smoke & Mirrors!

    39. Re:Is anyone really surprised by this? by TheLink · · Score: 1

      Yeah what people don't seem to understand is that even gold backed stuff will be backed by debt- since banks will have to lend the "gold" out to make money or at least pay you interest. Unless you want to go back to paying the banks to keep your gold safe and for easy transactions ;).

      Regarding the inflation tax: currently the US still has a big advantage since a lot of stuff is bought and sold using US dollars, so many countries around the world have to keep large reserves of US dollars, even if they are just buying and selling to each other and not the USA. My guess is there's more US dollars "out" in the world than in the USA.

      So when the USA prints money, it actually taxes all these countries too, not just the US people.

      Say China (or Japan) sells stuff to USA, it gets US dollars in payment, China uses some of those US dollars to buy US bonds. The USA uses that money then to buy more stuff from China ;).

      It might seem bizarre and it would probably "blow up" eventually. But so far the system has been working for quite long.

      Problem is lots of countries would indeed want to avoid the US inflation tax, and some are switching to the Euro, and this is not good for the US.

      If you want to know why the US puts up with Saudi Arabia, it's because they are sticking to selling oil in USD.

      Lastly I'm not sure that printing billions or more and sending it into "Iraq" (Halliburton) is helpful. I think that makes it more likely to blow up sooner, since it makes the USD drop in value faster.

      Just compare the oil prices vs the Euro and the oil prices vs the USD, and you might see the scale of money printing, sure the oil prices are going up, but that's not the full story.

      --
    40. Re:Is anyone really surprised by this? by slashtivus · · Score: 1

      Bold print does not make all of your points valid. Please explain how a savings account that pays less than inflation (this same money is put back into the system as a loan) is somehow "taking money out of the system"? I was under the impression that that was one form of encouraging people to "put their money to work" and greasing the economy. The same idea also goes for investing in the stock market. I might be missing something, but spending value without producing value is the one best way to end up with true debt and being poorer (IMHO by definition).

    41. Re:Is anyone really surprised by this? by porcorosso · · Score: 1

      infinite amount of money ... yep, that for sure ...

      --

      Silpon Designs
      Scented Paper Products
    42. Re:Is anyone really surprised by this? by ashridah · · Score: 2, Interesting

      Because the bank has more money on hand, it can loan someone else money to open a bakery

      Banks do not need 'money on hand' to create a loan. A Loan, currently, based on fiat, is created out of a ratio of money on hand, and in many cases, out of nothing!
      If a bank can create money at will, based on nothing, then where does the money to pay interest come from?

      For that matter, if you lower the price of milk by producing more of it, then all milk producers earn less, overall. Less is available to pay their workers, and thus, the milk industry loses in proportion to the amount of milk produced. Thus, the system creates no new value at all. Also, if you're opening the dairy, where does the capital come from? The bank? If you take out a loan, your Dairy belongs to the bank. In order to pay it off, you need to pay off the debt, which includes the principle *AND* the interest. But in a system founded on debt, the interest represents an amount that cannot exist.

      So, inevitably, all things will eventually belong to the bank, since the system *must* crash, eventually.

    43. Re:Is anyone really surprised by this? by TheLink · · Score: 1

      How do you not have a system based on debt?

      You expect the Bank to just keep your "gold/whatever" and not lend it out? You'll have to pay them to hold your gold for you then.

      How are people going to afford cars and houses if they can't borrow and bet on the future (or bet on the banks being suckers ;) )?

      It'll end up like "Dad(s) could you buy this house/car for me and my wife?".

      Debt is a tool. There are lots of countries using systems based on debt, and not all of them screw it up that badly.

      The US has a unique position of being able to mess about without paying as much for the consequences than other countries, because "everyone" uses the USD to trade. So the US prints more money and the USD goes down in value but the goods from China are priced in USD, and so is Oil.

      While China buys a lot of stuff that's also priced in USD (whoopee ;) ) the trouble (for the US) is the Arabs appear to like a fair amount of European stuff, so the oil prices will go up vs the USD more.

      --
    44. Re:Is anyone really surprised by this? by symbolic · · Score: 1

      Not backed by debt, but is debt.

    45. Re:Is anyone really surprised by this? by symbolic · · Score: 1

      All those people calling for the government to balance its budget have no idea what they are talking about - if the government did that over the long term it would cause major shocks to our financial system.

      Of course it would, because our system depends an an increasing spiral of debt.

    46. Re:Is anyone really surprised by this? by ashridah · · Score: 1

      I said nothing about abolishing debt, or loans. Ideally, in a government run system that doesn't involve inventing credit out of thin air would be able to give out loans, *interest free*.

      Debt still exists, principle is preserved, and the banks don't end up owning everything.

    47. Re:Is anyone really surprised by this? by hxnwix · · Score: 1

      The Treasury pays off its loans from the Fed, resulting in money evaporating from the Reserve Banking system entirely! The Fed pays somebody in order to relieve bond obligations - that somebody is then free to spend or lend the capital remitted by the Fed. If that somebody is a bank, it can leverage it to buy many times what the Fed payed back. It could even buy loans in USDs from China, which would increase the utility provided by that currency without involving the Fed.

      nor even money that must ever be paid back! Please elaborate!
    48. Re:Is anyone really surprised by this? by scotch · · Score: 1

      It seems to me that money is always backed by debt, even when it is backed by gold or other material standards or when it is backed by the force or stability of a government. Gold, too, is not intrinsically worth something. The debt that backs money of all types is labor debt. Gold standard people are out of touch with social mechanics.

      --
      XML causes global warming.
    49. Re:Is anyone really surprised by this? by TheLink · · Score: 1

      So who gets those loans? Who decides? The government?

      What happens if people can't pay back?

      Who owns what's left?

      --
    50. Re:Is anyone really surprised by this? by puppet10 · · Score: 1

      The value of silver is constant the value of paper money relative to silver bounces around (partly because of supply and demand since silver is a finite resource).

      --
      -------- This space intentionally left blank --------
    51. Re:Is anyone really surprised by this? by KDR_11k · · Score: 1

      Perhaps we could just call 'em Population Sustenance Officers so the libertarians will shut up about people getting money for "doing nothing"?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    52. Re:Is anyone really surprised by this? by KDR_11k · · Score: 1

      But there's a variable amount of non-gold values and it seems to be mostly growing. As such the amount of useful value represented by a fixed amount of currency grows and depending on the growth rate just sitting on your amount of gold would already bring you a net profit as the usable value of the gold increases. This reduces the pool of gold in active circulation even more, further increasing the usable value of a fixed amount of gold.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    53. Re:Is anyone really surprised by this? by Epi-man · · Score: 1

      You'll see a failure to increase a program budget by the proposed X% is called a "cut". If your boss didn't give you that 10% raise did your salary go down?


      If inflation is greater than 10%, yes it did.


      Umm, no, no it did not go down. Your salary is the number of dollars you are paid for your work, that number did not go down, it went up (assuming there was a raise). What went down (with inflation a higher percentage than the raise) is the purchasing power of your salary, not the actual salary. I believe this is the parent poster's point, that the masses have been "re-educated" in the meaning of the word "cut" (although the media usually prefers to use the word "slashed" vs. "cut" when it comes to government programs, I suspect those whose budget requests weren't met are behind the wording).
    54. Re:Is anyone really surprised by this? by ashridah · · Score: 1

      Indeed, basing it on gold, or any other tangible object is prone to problems like shaving, and can easily be messed up when we run out of gold, or if someone mines a crapload of gold. We'd still want the convenience of using plastic cards to access our money, so why would we need some physical object to base it on? Debt does sound reasonable, until you realize that the only way to get ahead of the incoming debt monster is to create *more* debt.

      That monster's getting bigger, and closer.

      For the record, it was not 'always backed by debt'. Making money from money used to be called Usury, and usury used to be considered immoral, and was illegal and/or irreligious to practice. While I don't agree with that, I do believe that our current debt-based system is doomed to fail. I suspect it's likely to happen in our lifetimes.

    55. Re:Is anyone really surprised by this? by monxrtr · · Score: 0

      So if you somebody robs a bank, do you call that "getting money"? Your propaganda attempt fails. Big government leftists always lying, always pretending there is no such thing as a difference between voluntary and involuntary.

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
    56. Re:Is anyone really surprised by this? by ashridah · · Score: 1

      How is the government any different from a bank in this scenario. You make your business plan, or show your job stability and credit history, the government approves or disapproves based on the available amount of loans available, and you get your money. If your government makes the country richer during it's term, more loans come into the system. If they over extend on loans, they increase taxes to reduce inflation.

      If you can't pay it back, the pledge of whatever assets you had are taken as collateral. How is that any different, once again? The difference being that the amount of the loan is not greater than the original loan amount, and thus, taking the collateral doesn't require more than was loaned in the first place. Anything seized because of foreclosure could be resold, which recoups some of the loss. Losses can easily be mitigated, since the amount of money in existence is based on the amount the country is worth, not how much credit is in circulation.

      As for what's left, I'm not sure I understand your point. What do you expect to be left? I would submit that nothing would be left, that all things would be paid for using government loans, either at the state, council, or individual level (federal services nonwithstanding). Not much changes, except the direction that things flow. Investments by the government would typically benefit society by being investments in infrastructure, research, etc.

    57. Re:Is anyone really surprised by this? by WhiteWolf666 · · Score: 1

      Whenever the government takes in more money than it spends (surplus), this tends toward deflation. The Treasury pays off its loans from the Fed, resulting in money evaporating from the Reserve Banking system entirely! All those people calling for the government to balance its budget have no idea what they are talking about - if the government did that over the long term it would cause major shocks to our financial system.

      This no reason to not exercise fiscal restraint.

      The main reason most people want to see cuts in spending is to make room for cuts in taxes. And you can hardly say that the current government understands the money supply through the lens you are describing; obviously, there isn't room for endless inflation, or infinite fiat currency.

      Fiscal restraint doesn't mean fiscal stupidity, and retiring some of the current government's debt is not necessarily a bad idea.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    58. Re:Is anyone really surprised by this? by foniksonik · · Score: 1

      There is nothing wrong with debt. This is a misunderstanding by many many people. Debt IS money. Debt is what ALL CURRENCY is based on. Something like a gold standard where currency is backed by a rare element is a fallacy. Gold has no value as a currency and is only valuable as a conductor and as a shiny thing(TM)

      Back to debt... here's the example.

      You want me to do some work for you... I want to get paid for it and you agree to pay me. You could pay me with something you already have (bread, wood, gold, whatever) and if I agree to the payment we're done... nice doing business. OR you could offer me the option of an IOU letter which promises payment in the future (since you have a crop coming in but haven't harvested it yet or maybe you can pay me back with your labor but you're busy right now and so am I)... and If I agree to accept that as payment.. You are in my debt.

      I now have a note with your signature that promises X units of work or product, whatever which is payment for the work I did previously. Now if you have a good reputation for making good on your promises... well maybe I could trade your promissory note for someone else's goods or services... VOILA currency is invented AND it is backed by debt!!!! Imagine that.

      Now multiply this situation by a few trillion transactions times the number of years we've had such a system... say 2008 just for fun (not that Anno Domini is the best measure for this).... that's a lot of debt exchange going on. IT's a good thing someone standardized the system and created an institution for printing up trusted promissory notes and established lending houses (banks) and exchanges (NYSE) etc, otherwise it would be difficult for the system to be fluid enough to handle all these transactions of DEBT.

      The GLOBAL economy is based on debt. Your job depends on it. There wouldn't be anyone with collateral enough to buy the stuff you make if not for debt exchange via currency.

      This is why it always confuses me when people say we should balance the national budget. We don't want a balanced budget we want a strategically invested budget. If your budget is balanced it means you're not investing in anything... your debt isn't doing any good for you. Look at Donald Trump... that guy knows how to use debt. He borrows as much as he needs (without using any of his own resources) and puts it to work on something more valuable in the end.... then he sells it and keeps the difference. THAT is what the federal gov needs to be doing with out money... ie: investing it in huge public utilities in big developing nations which have the resources to buy it back from us over time with a net profit on our side.... THAT is what China does with their money/debt (actually a lot of it is our money/debt).

      Anyways... DEBT is great, DEBT is good. Long live DEBT.

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
    59. Re:Is anyone really surprised by this? by Anonymous Coward · · Score: 0

      Sure, robbing a bank is "getting money." But it's not "getting money for nothing." Robbing banks is work. And you've got to have start up capital to pay for the ski masks.

    60. Re:Is anyone really surprised by this? by Anonymous Coward · · Score: 0

      So since the value of silver is constant and the value of gold is constant, the ratio of the price of silver and gold should be constant, shouldn't it?

      Well, it isn't. There are still fluctuations in how much people think gold or silver are worth.

    61. Re:Is anyone really surprised by this? by ashridah · · Score: 1

      With all due respect, not only did you miss my point, you partially proved it. Pointing out that my promise to do some work for you represents something you can in turn use to pay for something else can just as easily mean that money could be represented by units of work, not the amount of debt currently in place.

      I would submit that an economy based on ever increasing amounts of debt (and be assured, the amount of debt cannot be decreased except via depression, and we know what that looked like last time it happened) is inherently unsustainable. Ideally, no-one should be living above their means, yet this is exactly what the government is doing, in order to stave off inflation, and the inevitable crunch.

      There's no question that investment is sane, and one can just as easily invest value based money the way we invest debt money today. This need not change. It is precisely because we have the ability to create credit from debt that has allowed our economy to outstrip our ability to repay, indefinitely.

      As for the notion that we require debt in order to succeed, you're mistaking the point. Debt cannot be avoided. In a system with loans, obviously, there is debt, since they're two sides of the same coin. What is unsustainable is *interest* on the debt. We currently exist in a period where the net production of principle does not exceed the amount of debt. This means that there cannot ever be enough principle to fill the debt, and thus, someone's livelyhood is going to be sacrificed, eventually, to solve the problem. Who has the least power, and the most to lose? Who's been taking out loans in ever increasing amounts?

    62. Re:Is anyone really surprised by this? by danielsfca2 · · Score: 1

      starting with Truman and ending with LBJ, neither of whom were Republicans (though they probably both would be today, along with the other Democrat during that period, JFK).


      Dude, that is AWESOME. Retroactively drafting dead politicians into your party. In honor of Presidents' Day, I call Washington and Lincoln for the Democrats!
    63. Re:Is anyone really surprised by this? by TheLink · · Score: 1

      In that case why do you think the Government will do a better job than the banks?

      While I do believe that a good government can do as good a job as a good bank (if not better), the trouble is the usual case is you get a mediocre or bad government.

      At least if there's more than one bank, you have a choice. Using a different bank is usually easier than moving countries. Do note that often even if the governments change the people working in the civil service don't.

      So I still think it's better to have banks do that sort of stuff. Your concerns about banks being evil etc might be better addressed by having the government appoint a regulator to ensure that the banks aren't too evil and don't create too much misery.

      If a government can't even appoint a decent regulator AND keep it decent (or the government can't be convinced to do so), then I think there's an even smaller chance of the same government running a decent banking service in a sustainable manner.

      There's no substitute for having good people in charge, but I suggest that your proposed system is more dependent on good people in the "right places", as such it is less likely to work. Systems which are likely to keep working don't require as many good people around to run them.

      --
    64. Re:Is anyone really surprised by this? by ashridah · · Score: 1

      In that case why do you think the Government will do a better job than the banks?

      I don't, necessarily. But in a different system, the economy's state would result in the government would be held accountable to it's performance by the general public, not by the banks shareholders.

      While I do believe that a good government can do as good a job as a good bank (if not better), the trouble is the usual case is you get a mediocre or bad government.

      We already have this problem. Managing the economy requires experts. Banks hire these experts. If the banks weren't doing it, the experts would be hired by whoever *was* doing it. I'm not saying the suggestion is idealized, I realize there are problems that would need to be addressed, but we've got far more freedom of information control over the government than we do over the banks...

      At least if there's more than one bank, you have a choice. Using a different bank is usually easier than moving countries. Do note that often even if the governments change the people working in the civil service don't.

      The banks, currently, are a closed loop of credit, supported by the central banks. There's no such thing as a 'different bank' if all credit comes from the same place, specifically, from invested debt money. One bank is the same as any other, even that industry credit union who has friendly staff that you use to make yourself feel like you're not being shafted by the banker.

      So I still think it's better to have banks do that sort of stuff. Your concerns about banks being evil etc might be better addressed by having the government appoint a regulator to ensure that the banks aren't too evil and don't create too much misery.

      I never said that the banks were evil. I said that the system is unstable and infeasible in the long term. I do submit that I'm concerned about the lack of understanding (hell, up until recently, I wasn't aware of the problem myself) the general population has about how credit is created.
      Regulators exist. The government was originally supposed to maintain the 9:1 ratio of principle to debt. However, as the amount of credit demand has increased, so has the ratio, since the bankers have an extreme amount of power (after all, how many politicians have just as much debt as the rest of us?)

      It's entirely possible for some types of money to be created out of thin air, not even requiring the fiat ratio at all. the 9:1 restriction was abolished, quietly, a long time ago. There is no more regulation on the system, and regulation is untenable, when the banks control the debts of the regulators.

      If a government can't even appoint a decent regulator AND keep it decent (or the government can't be convinced to do so), then I think there's an even smaller chance of the same government running a decent banking service in a sustainable manner.

      The problem is, the government's credibility is currently undermined by the fact that the government is responsible for much of the debt used to stave off inflation. If the rate of inflation increases, the government borrows more money to invest in the economy. This bubble must burst, and is a direct result of the banks exerting influence over the government, getting the government to dig this hole. It should be noted that the US was originally free of this influence... until one of their presidents created the federal reserve, and let the banks in. It's been downhill since then.

      There's no substitute for having good people in charge, but I suggest that your proposed system is more dependent on good people in the "right places", as such it is less likely to work. Systems which are likely to keep working don't require as many good people around to run them.

      I fail to see how anything I've suggested relies on goodwill. I'm not suggesting communism here. Market forces would still prevail, and the system would be governed by how prosperous a nation is. It might be a smaller economy, for certain, but I'm not convinced that this is a bad thing. The time of endless economic growth should be over, preferably while there's something left.

    65. Re:Is anyone really surprised by this? by TheLink · · Score: 1

      Forgot: as for "who owns what's left" - what I meant is who ends up owning the stuff seized.

      You dislike the idea of banks
      1) owning the seized stuff
      2) and maybe selling it off
      (and maybe selling it off to some person/company/organization/family who ends up owning "everything"...).

      But you like the idea of the government doing the same thing? How is that different? Why will that be better?

      Which country do you live in, that has such a good government?

      In my country (Malaysia) the government is pretty crap and corrupt. There are bad banks too, but there are banks which are less crap than the government ;).

      Lastly, Banks aren't in the business of owning or renting property/cars/etc, and they often don't get to sell stuff they "seize" at a big profit. Why? For the obvious reason if the house was really worth more than the outstanding amount the person could have sold it, paid the bank back, and then _made_ money.

      So why is the Bank such a bad guy for doing that?

      The evil I see is when Banks give out strange huge loans (or very many strange loans) to people/companies, and somehow the money goes poof they ask the Government to bail them out, with no consequences to the Bank bosses.

      Now if the Government bailed out Banks BUT also jailed and fined the Bank _bosses_ for allowing such _huge_ screw ups (where the Bank really can't afford to pay - not because of a liquidity thing), then perhaps you'd see them be more careful.

      --
    66. Re:Is anyone really surprised by this? by ashridah · · Score: 1

      Why would seized goods be any different than they are now? If the system gets to the point where too many people are foreclosed by whatever monetary system dishes out loans, then there's a problem with the economy, and it's up to the government to reduce the amount of money in circulation to push the economy in the right direction, ie, stopping inflation.

      Conversely, if there's not enough money in circulation, then the value of the dollar goes up for that country. More loans can be provided in that case.

      Both of these would be governed by how much the country is worth.

      Corruption is a completely separate issue. Obviously, there are corrupt governments, as well as corrupt bankers. However, it's up to the people to correct a corrupt government, via whatever means is available (elections, insurrection, whatever). I realize this is hard to do, and it always will be a problem, there's no doubt, but the government is a representation of the people. A government who is responsible for the amount of money, and hence, it's worth, in circulation in that country is going to find that it will be running an economy of minuscule size if it screws over it's population.

      A corrupt government will breed itself out of existence in the long term under such a scheme, as an embezzler will find that the embezzled funds will turn into dust fairly quickly. It's the current banking system that has allowed corrupt governments to exist for as long as they have, as the corrupt individuals behind the scenes are probably under the thumb of debt.

    67. Re:Is anyone really surprised by this? by u38cg · · Score: 1

      Completely off-topic, but thankyou for that now-rare beast, a well written and argued /. post :)

      --
      [FUCK BETA]
    68. Re:Is anyone really surprised by this? by cheezedawg · · Score: 2, Informative

      Fiscal restraint doesn't mean fiscal stupidity, and retiring some of the current government's debt is not necessarily a bad idea.
      Okay- lets take a look at the end result of retiring some of our federal debt.

      Before: The private sector has $X in cash and $X in interest bearing assets in the form of securities from the Treasury

      The government then forcibly takes $X from the public through taxes and transfers it to the bond holders, dissolving those interest bearing assets in the process.

      After: The private sector still has $X in cash, although that cash has been redistributed from the tax payers to the bond holders. However, the private sector no longer has those treasury securities. The net result is that the public (you and I) are poorer by $X.

      Fiscal responsibility requires deficit spending by the federal government. The trick is to keep the debt burdon within a "safe" range to prevent runaway inflation, and to make sure that the government spending is focused on the projects and infrastructure that are necessary to enable future economic growth.
      --
      "The defense of freedom requires the advance of freedom" - George W Bush
    69. Re:Is anyone really surprised by this? by foniksonik · · Score: 1

      You need to go back to school and retake your basic economic theory classes.

      What I said was that all currency is based off of debt. That's what it is.... currency == debt

      You can not have an economy above a basic local barter system without currency, therefore debt as a financial vehicle ie: currency is essential.

      You are talking about something else entirely. Yes when an individual BORROWS more debt than they can account for with their own accrued debt notes ie: from their employer, and their amount of debt is completely unbalanced to the point where they will never be able to work it off before the interest on that debt becomes larger than the value of the debt itself (being upside down in a loan for instance)... that person is in trouble.

      I agree with you on that point. BUT this doesn't really apply to governments. The dollar is either strong as a debt vehicle or it is weak. The US can either buy lots of stuff from other countries or not. It is self-correcting. If the US borrows debt from China for instance, with an interest rate... that weakens the dollar and therefore the US can not buy as much stuff from abroad until that debt is paid off. If the interest is so high that it is no longer possible to pay it back given the GDP of the country, then China is screwed.

      They should have made a more thoughtful investment... realizing that the US was over-extended and would not be able to pay them back at the rate they requested. OTOH it's likely that no other country would be able to borrow the debt as well as the US had and so China will probably not care that much as they were able to get the most profit from loaning their resources as was possible. unfortunately this means those resources are tied up indefinitely... or they have lost them... which might be a bad thing, depending on the type of resource (renewable or non-renewable) that the US applied their borrowed debt to.

      In any case your analogy of an individual does not apply to governments. There are so many additional factors at play.

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
    70. Re:Is anyone really surprised by this? by ashridah · · Score: 1

      You need to go back to school and retake your basic economic theory classes.

      Except that they don't teach money theory *in* classes. Go out and ask people on the street, even highly educated ones from the financial sectors, very few of them are aware of the notion that credit is no longer based on principle anymore.

      What I said was that all currency is based off of debt. That's what it is.... currency == debt

      That's what it is *now*. My point is that we should not be basing it on a system that will, inevitably, result in all of us losing, as we are being given credit that's created effectively out of thin air. When you go get a Car loan, it's not backed on billy's investment in the bank, it's just created as debt.

      You are talking about something else entirely. Yes when an individual BORROWS more debt than they can account for with their own accrued debt notes ie: from their employer, and their amount of debt is completely unbalanced to the point where they will never be able to work it off before the interest on that debt becomes larger than the value of the debt itself (being upside down in a loan for instance)... that person is in trouble.

      On an individual level, sure. But as a society as a whole, the only way to pay off debt when all money is based on debt is for you to get money from somewhere else. But who created the money that belonged to that other place? It is typically some other form of credit. All you're doing is shifting the debt, letting it accumulate. Paying off a debt in society does nothing to reduce the amount of debt in existence, and there is not enough principle to pay the debt in total, as the debt is currently created as an amount that's greater than the principle involved.

      My entire point is that we shouldn't be basing the system on debt *at all*. The amount of debt has never been reduced, it's always increased, somewhere. Shifting it around is doing nothing to solve the problem I'm talking about, which is all that we can do currently.

    71. Re:Is anyone really surprised by this? by Bryan+Ischo · · Score: 1

      Taxes allow the government to collect money from individuals based on more than just the amount of money that they have. If the government could only print money, not collect taxes, then it would only be able to take twice as much value away from someone who has twice as much money as someone else. There would be no way to have progressive income tax scales, for example, because richer people would be effectively 'taxed' (by having the value of their money reduced, and an equivalent value of money ending up in the hands of the government, as a result of the government printing some money for itself) at the same rate as poorer people.

      Not that I think that this is a bad thing, but it is not historically how the populous of the USA wants its taxes to work.

    72. Re:Is anyone really surprised by this? by foniksonik · · Score: 1

      I'm listening. I just have a different view of how trade works. Maybe I'm too much pragmatist here.

      I still say that trade without debt is impossible on a global scale. There are not enough stockpiles of collateral assets in the world to back all the trade which occurs... the collateral is being traded or being manufactured or is sitting in the ground waiting to be extracted.

      What you're saying is that we should not count that stuff as collateral, especially the futures market. So companies should not be able to have a valuation on the open markets greater than their current assets and current capacity....

      The whole thing really is a house of cards when you look at it this way BUT it is one which allows for fluid economics that allow resources to go to areas of investment that could never be explored or developed any other way.

      If companies could not borrow money/debt from individuals who have promisory notes from their employers, based on their ability to support that employers progress/revenue, which the first company will use to research and develop or increase capacity to produce goods and services... well it's a long road of investment and loans and risky transactions any way you look at it. Most companies attempt to keep the risk low but some go for it and lose it all as well.

      Debt BTW is not created out of thin air... it is backed by something but that something may not be readily apparent. For instance when you get a home loan it is backed by the collateral of the home but it is also backed by your ability to pay (future revenue) AND it is backed by the fact that the Loan Originator (usually the bank) can and will sell the loan off to a 3rd party as a security against another loan which may be a business loan or other type of investment which has less risky terms which will offset any loss on the home loan so that the average total gain to the bank is positive given a large enough set of loan pairs/triads. The situation you see today with the sub-prime fallout is actually a result of this arrangement to a large degree... TOO many loans went bad in too short a period of time and the whole thing fell through... the home loans AND the business loans, re-investments etc. This was a case of people pushing the system too far to fast... it can only absorb so many offsets at any given time.

      Sounds like playing with fire? It is... but that's how things get done. No risk no gain. Take out the option to gamble with other people's money and the progress you see out there, new businesses, new products... new jobs... it all goes away and we end up with a stagnant economy (which you may prefer to a recession but it's really just as bad)

      Maybe what you should argue for instead is to stop Foreign Banks from buying up US debt and taking all that value overseas.

      In this scenario the debt circulates and all the money changes hands with some people winning and some losing the bet but overall it get redistributed within the population one way or another, ie: US winners reinvest in US companies instead of Foreign winners reinvesting in foreign companies. This would slow things down quite a bit but the economy would not stagnate it would simply be a little smaller, like a smallish city instead of a big city... less traffic but a lot more stability.

      Personally I think there should be a hybrid policy put in place... one where there is a quota/budget for foreign investment (buying up of debt). This would limit our exposure to the downside but would allow for the economy to grow at a reasonable pace ie: make the quota/budget a percentage of GDP so that it's always at a healthy balance.

      The mechanism for this would be for the US Treasury to regulate Foreign investment via US Bonds (which we already use for this) and not allow Foreign banks or individuals to directly invest in US companies or securities. Another would be to have a special US foreign investment market also regulated so that there could be a more free exchange but where the total market value of foreign inves

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
  8. I'll bet Mr. Congressthing's steaming... by autophile · · Score: 1

    ...oooh! Those pesky activist judges!

    --
    Towards the Singularity.
  9. Heh... by TheSpengo · · Score: 5, Funny

    Our legal system reminds me of when you write a huge undocumented, uncommented program in C and have other people do additions and debugging.

    --
    Weaksauce as they say...
    1. Re:Heh... by russotto · · Score: 4, Insightful

      You're close. It's not C, it's an unholy combination of COBOL (used for bit manipulation and other detailed machine-level stuff), FORTRAN (used for database access), and SQL (used for business logic). With plenty of assembler thrown in, and gotos galore.

      (OK, there may be some C in there. Used for string manipulation, probably).

    2. Re:Heh... by JustShootMe · · Score: 2, Funny

      You're describing what happens when salespeople and politicians try to do a geek's job.

      --
      For linux tips: http://www.linuxtipsblog.com
    3. Re:Heh... by Anonymous Coward · · Score: 0

      You mean Sendmail was written by the government? It figures...

    4. Re:Heh... by dgatwood · · Score: 5, Funny

      You're kidding, right? No, our legal code is almost entirely like an entire operating system written in undocumented Perl.

      • There are no hints as to what any part of it is supposed to do and it is written in a language that to most people looks like line noise.
      • Every significant patch is applied by adding an additional Perl module that overrides an existing method in an existing module, replacing all of the code in that method with a complete new copy of the method that is almost identical to the old one but adds or removes a backslash in a single regular expression.
      • The entire core logic was written in a crunch session by a bunch of geeks locked in a room together and forced to design it by committee.
      • The application was a rewrite of another application that never really worked well in the first place.
      • Every function name is chosen explicitly to provoke an emotional response in the developer, e.g. thisFunctionSucks() or callMeNow().
      --

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

    5. Re:Heh... by ScrewMaster · · Score: 1

      No, our legal code is almost entirely like an entire operating system written in undocumented Perl.

      Hell no ... Perl is positively self-documenting when compared to Teco!

      --
      The higher the technology, the sharper that two-edged sword.
    6. Re:Heh... by TheLink · · Score: 1

      One more thing: most of the time people just send the patch diffs and refers to stuff by the diffs (or even just the patch name) alone. So many people have no idea what the full "code" looks like.

      --
    7. Re:Heh... by Rocketship+Underpant · · Score: 1

      And lastly, even though it's over a million lines of code, all the person who commissioned the code wanted was something that could print "hello, world" ten times.

      --
      He who lights his taper at mine, receives light without darkening me.
    8. Re:Heh... by kvezach · · Score: 1

      So the moral of the analogy is this... let the programmers govern!

  10. Good for them by Tuor · · Score: 1

    I'd rather get my canceled checks back anyway.

    --
    I love my computer -- You make me feel alright (Bad Religion)
    1. Re:Good for them by MountainLogic · · Score: 1

      The parent sounds flippant, but in fact that is how it was done for decades. Why not jut go back to the way it was rather than pay $Bs

    2. Re:Good for them by Anonymous Coward · · Score: 0

      merchant scans in check and destroys it, sends data to bank vs the cost of keeping all those checks, shipping them to 100s of individual banks, having those banks ship it to their clients... much easier to shift bits, since everything is heading that anyway.

    3. Re:Good for them by Firethorn · · Score: 1

      Because such a company is smart enough to charge just below what it would cost to do such a move.

      Think about it. Even if it only costs 1 cent per check to avoid the scanning, there are billions of checks written each year. The number might be dropping, but the forced $1B purchase would still be far cheaper than switching back.

      Though if this is a true submarine patent I think that they should lose it and get nothing but lawyer bills for their trouble.

      Of course, I think that about submarine patents in general.

      Of course, my personal thoughts on a submarine patent is one from a company with no product using that patent that doesn't attempt to enforce the patent until it becomes at least some level of industry standard practice.

      --
      I don't read AC A human right
  11. What's grass got to do with it by emj · · Score: 1

    Lawnmaker...

  12. You've got to be kidding by nine-times · · Score: 5, Insightful

    WTF?

    Patents are supposed to benefit the common good. That's their only purpose. Now that they recognize one case (in many) where patents are crippling productivity, harming the economy, and working against the common good, they do nothing to address the problem of people abusing the patent system. Instead, they take more money from the people, harming the common good further, in order to bail out banks.

    That is completely absurd.

    1. Re:You've got to be kidding by theMerovingian · · Score: 3, Informative

      Patents are supposed to benefit the common good. That's their only purpose.

      Actually the original purpose was to reward and protect technological innovators. This was subsequently expanded to innovators of "business methods" with the State Street case, a Federal Circuit decision with incredible ramifications.

      Now that they recognize one case (in many) where patents are crippling productivity, harming the economy, and working against the common good, they do nothing to address the problem of people abusing the patent system.

      Patents serve as a limited form of government-granted monopoly. It is sort of like a social contract - if you fully and completely disclose your invention to the public through the patent application process, the government will reward you with a temporary exclusive grant to benefit economically from the invention.

      The patent system itself is legitimate, and has been in effect in various incarnations since medieval Italian city-states. The main controversies are 1) the recent acceptability of business method patents; and 2) the Federal Circuit standard of review on patent cases is de novo, which means that they reconsider the patent from scratch instead of relying on the USPTO's findings of fact. As a result, the Federal Circuit does not fully benefit from the federal agency's domain expertise. All other federal courts (to the best of my knowledge) have to give deference to the findings of federal agencies under the Chevron test.

      **Note: Any patent law attorneys out there are invited to take issue with this, as my understanding is not very nuanced.

      Instead, they take more money from the people, harming the common good further, in order to bail out banks.

      This is a separate issue entirely, and I agree that it is an absolutely horrible idea. The very thought of the US taxpayer bailing out enormous corporate banks makes the bile rise in my throat.

      --
      "If you think you have things under control, you're not going fast enough." --Mario Andretti
    2. Re:You've got to be kidding by plierhead · · Score: 1

      Totally true. This is utter madness.

      Banks are businesses just like any other, though admittedly rather vital to the functioning of the economy.

      Suddenly patent trolls (and according to the article, this guy doesn't really even fit the definition of a troll) have something as big as a Bank in their site, so the powers that be decide its time to hurl taxpayer money at this one patent problem.

      Meanwhile thousands of people in small software companies held back by living under the shadow of these lame trolls get zip - worse than zip, their taxes are used to help out the Banks.

      --

      [x] auto-moderate all posts by this user as insightful

    3. Re:You've got to be kidding by greenbird · · Score: 0

      Actually the original purpose was to reward and protect technological innovators.

      In the US at least your wrong and the GP is correct. Go read the Constitution. It doesn't say or imply anywhere about "reward and protect technological innovators".

      --
      Who is John Galt?
    4. Re:You've got to be kidding by Joebert · · Score: 1

      Patents are supposed to benefit the common good.

      No, inventions are supposed to benefit the common good. Patents are supposed to benefit the person(s) who invented the invention.
      --
      Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    5. Re:You've got to be kidding by AK+Marc · · Score: 1

      No, inventions are supposed to benefit the common good. Patents are supposed to benefit the person(s) who invented the invention.

      Read the Constitution. Patents exist to benefit the common good. If they don't meet that goal, they are in violation of the Constitution. If you believe what you said, then you necessarily must think the current patent system is in violation of the Constitution.

    6. Re:You've got to be kidding by nine-times · · Score: 1

      Patents are supposed to encourage inventors to invent. The means of encouragement is by rewarding them with financial benefit, but that reward is not the end goal.

    7. Re:You've got to be kidding by Alascom · · Score: 1

      Patents are only for the common good by promoting Science and useful Arts. The common good comes only when the patent expires and everyone can use it. To ensure the willingness of people to invest time and money in creating new inventions our forefathers gave the inventors something they found abhorrent, a monopoly. As a balance, the monopoly was time-limited to provide for the common good, but also give incentive to inventors.

      That said, if the Government won't fix the patent system then they should suffer with it like the rest of us. No f*cking way should my tax dollars be used to subsidize the banks!

    8. Re:You've got to be kidding by nine-times · · Score: 1

      Yes, sorry if I didn't spell that out, but that's what I intended when I spoke of patents being "for the common good". The purpose was to encourage science and innovation for the sake of the common good, and not so much to provide profit to inventors solely for the sake of the inventor's ability to profit.

    9. Re:You've got to be kidding by thue · · Score: 1

      In the US at least your wrong and the GP is correct. Go read the Constitution. It doesn't say or imply anywhere about "reward and protect technological innovators".

      Yes; In fact what the US constitution says is:

      To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

    10. Re:You've got to be kidding by Joebert · · Score: 1

      If you believe a patent can protect the interests of the common good you're a fool. It's an agreement that a single entity retains the right to benefit from an invention no matter who makes it.

      How exactly does that benefit the common good ?

      --
      Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    11. Re:You've got to be kidding by Joebert · · Score: 1

      Maybe an invention isn't somthing anyone actually needs, but alot of people would want. Maybe the inventor has somthing in the back of their head telling them the invention isn't ready yet. People usually have underlying reasons why they don't push ideas on others that not even they understand at the time.

      Patents don't encourage inventors to invent, inventors will always innovate because that's what they do. Patents encourage greed & half-assed ideas for the sake of personal gain, which in light of another response to my parent statement, is the exact oppisite of the common good.

      --
      Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    12. Re:You've got to be kidding by nine-times · · Score: 1

      Insofar as patents don't serve the common good by encouraging invention and innovation, they need reform.

    13. Re:You've got to be kidding by AK+Marc · · Score: 1

      If you believe a patent can protect the interests of the common good you're a fool.

      Then the framers of the Constitution are fools. Patents exist for one and one reason only: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;" Patents and copyrights don't exist to protect profits, as they are treated now. They exist to promote progress in arts and sciences for the greater good of all. I'm not arguing for or against that idea, if you don't like it, dig up the framers of the Constitution and explain it to them.

      How exactly does that benefit the common good ?

      If it doesn't, then it is illegal. Note again, I'm not saying it does or it doesn't, I'm saying it *must*. You are the one saying it doesn't, so I'm just explaining that you are declaring the entire patent system illegal, under the definition of the Constitution.

    14. Re:You've got to be kidding by Anonymous Coward · · Score: 0
      Actually the original method was to reward and protect technological innovators. There, fixed that for you.

      To promote the progress of science and useful arts[i.e. benefit the common good], by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries
  13. To quote the most important person in the universe by kimvette · · Score: 1

    To quote the most important person in the universe, I say:

    "Fix it, fix it, fix it, fix it, fix it, fix it... fix it, fix it, fix it!"

    Or:

    Congress: "We've blown out our patent system."
    Citizens: "Fix it, fix it, fix it, fix it, fix it, fix it... fix it, fix it, fix it!"
    Congress: "That makes too much sense, you bastards!"

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  14. How about some more ... by Alain+Williams · · Score: 1

    let's give them a nice long list of other stupid patents that they ought to pay off from the public purse. They will eventually get the idea that what they are proposing is stupid ... unless they get large 'research grants' from banks and/or patent trolls in which case they will keep their eyes tightly shut.

  15. other option... by youthoftoday · · Score: 3, Interesting

    The US government has consistently demonstrated innovation in this area. I think the ideal course of action would be to bomb the headquarters of the patent troll company. End of bank cheque problem. End of patent troll problem. Zero litigation.

    --
    -1 not first post
    1. Re:other option... by Xolotl · · Score: 2, Funny

      Probably cheaper, too.

  16. Too tactical by smittyoneeach · · Score: 1

    A more general strategic review is required.
    There may be some tragedy involved, of course, but the conclusion at 3:19 in this clip holds true:
    "This town needs an enema!"

    --
    Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
  17. Re:What the heck is wrong with Alaska? by Anonymous Coward · · Score: 0

    Alaska?
    AL is Alabama... Alaska is AK

  18. Proposed (radical) Patent Reform by hudsucker · · Score: 1
    I thought that the reason for granting exclusive rights to the patent owner was that society would benefit from disclosure of the details of the invention (so the invention or discovery wouldn't remain a secret forever.)

    But how many of the patents discussed in /. reveal anything in the patent application that any programmer or engineer couldn't figure out just by hearing the idea of the patent?

    For example, are developers of web commerce sites going to look to the Amazon patent to see how to develop a one-click purchase procedure?

    My idea is that a patent should not prevent anyone else from developing the same thing, as long as they don't use the detailed implementation described in the patent to do it.

    How do you tell that? Keep the patent details a secret.

    That is, if someone wants to know the implementation details of a patent (before it expires), they should have to submit an application. The details won't be publicly available.

    Of course, this proposal would never be allowed in the real world, because companies want to use patents to prevent other companies from having the same ideas, no matter if they are trivial to implement or not.

    1. Re:Proposed (radical) Patent Reform by Opportunist · · Score: 1

      Quite the opposite. Make it public, but also make it illegal to implement it just this same way.

      What's wrong with current patents is that they are worded so broadly that they encompass far too much. The one-click patent is a shining example for this. A one-click-buy ability is a no brainer. Getting a patent for that is silly. It's like a patent for a machine that converts chemical energy into kinetic energy, thus including everything from steam engines to rocket engines.

      We'd need to get back to patents being issued for specific implementations. Right now, especially in the IT sector, we're getting patents that are no brainers (i.e. something anyone who ever ran into the problem could have come up in less than a day), worded widely enough to include half the known IT world (and about half of what isn't known yet) or a combination thereof.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Proposed (radical) Patent Reform by Anakron · · Score: 1

      My idea is that a patent should not prevent anyone else from developing the same thing Why should anyone apply for a patent in your system then? Just keep your details secret and you've got the same result. Patents were originally developed specifically to discourage this behavior.
      --
      There are 11 types of people. Those who understand binary, those who don't and those who are sick of this lame joke.
    3. Re:Proposed (radical) Patent Reform by budgenator · · Score: 1

      The courts have nullified patents because they were so vague that "a person skilled in the arts" couldn't reproduce to "device"

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    4. Re:Proposed (radical) Patent Reform by gnasher719 · · Score: 1

      Why should anyone apply for a patent in your system then? Just keep your details secret and you've got the same result. Patents were originally developed specifically to discourage this behavior. One of the ideas behind the patent system is that when you make a valuable invention, I can pay you money to license it since I lack the cleverness needed to figure it out myself. So when I need a good idea (like: How on earth are we going to process all these cheques? ) I read about your patent, and decide to pay you to get use of your brilliant invention. That wouldn't be possible if you kept it secret. So this idea (keeping the implementation of patents secret) makes a lot of sense - if you take the system as it is by face value.

      In the pharmaceutical industry, it would actually work. You find a cure for cancer - you patent it and all the patent says is "I found a cure for cancer". A competitor who was one week behind wouldn't be unfairly penalised anymore (that is one of the more ridiculous parts of the patent system in my opinion. Two inventors happen to have the same idea, and the one who is quicker gets it all. Why? This shouldn't be a lottery!). The fact that you found a cure doesn't give anything of your idea away.

      In other areas, like "one-click-patent", that wouldn't work because disclosing the idea would be enough for anyone to copy out. But then maybe that is a good idea that it shouldn't be patent worthy. Like a cure for cancer is surely worth a patent, but if I just had the ingenious idea that when people have cancer, instead of letting them die, we just give them the right treatment and heal the illness - that shouldn't be patentable. And that kind of idea seems to be exactly what people get patents for.
    5. Re:Proposed (radical) Patent Reform by FailedTheTuringTest · · Score: 1

      Patents weren't really developed to discourage keeping trade secrets; they were developed to discourage free-riding. For many inventions, once the product is manufactured and distributed, it's easy for competitors to look at it, understand how it works, make cheap copies, and thereby benefit from the inventor's work without investing in R&D themselves. A patent allows the inventor to stop others from free riding for a limited time, thus strengthening the incentive for R&D.

      But if you are an inventor and you have a product that is not possible to reverse-engineer, you should not patent it, you should simply keep your process a trade secret. The most famous example of this is Coca-Cola's recipe. Coca-Cola holds 800 US patents for various production and packaging methods, but the recipe for their fizzy water is not among them. They keep the formula secret instead of patenting it.

  19. Re:What the heck is wrong with Alaska? by ameyer17 · · Score: 2, Informative

    Except AL is Alabama. Alaska is AK.

  20. I Dont Get It... by vajrabum · · Score: 5, Informative

    I saw equipment at Recognition Equipment Inc. in 1982 or 1983 ago that did exactly that--scan checks and store the images. How can they have issued a patent on this.

    1. Re:I Dont Get It... by shiftless · · Score: 4, Informative

      [quote]I saw equipment at Recognition Equipment Inc. in 1982 or 1983 ago that did exactly that--scan checks and store the images. How can they have issued a patent on this.[/quote]

      I used to work in the banking industry doing data conversions for check imaging systems, so I am somewhat familiar with the way this works, although far from an expert.

      This is not the same thing as what you're talking about. Similar, but not the same.

      Banks have long had systems to scan checks and store the images to optical platters for easy reference. However, they ALSO had to keep the physical copies for seven years, by law. Also banks would physically transport checks back and forth to each other as the check image was [i]not[/i] a legal replacement for the check.

      The Check 21 Act, passed in 2003, basically says that a digital image of the front and back sides of the check can serve as a legal replacement. Banks can then destroy the physical checks instead of having to store them in huge warehouses and such. They can also transmit these checks electronically over secure networks to other banks and to clearinghouses instead of having to send the physical check, greatly reducing the cost and time required to process a check.

      Another benefit of this system is it allows retailers to do what's called "remote capture." Say you write a check at Wal-Mart; now, Wal-Mart scans and images the check right there on the spot and instead of sending the check anywhere, simply initiates an ACH (automated clearinghouse) debit to your bank account. (It's the same system used when your paycheck is direct-deposited into your account, or you use your routing and bank account number to make a credit card payment, for example.) This greatly reduces cost for the retailer.

      So anyway, while some of my details may not be 100% correct or somewhat vague, you see now that Check 21 really is a whole new way of doing things.

      You can find more info here: http://en.wikipedia.org/wiki/Check_21

    2. Re:I Dont Get It... by vajrabum · · Score: 1

      Thank you. Very much appreciated. Now I get it.

    3. Re:I Dont Get It... by Dachannien · · Score: 1

      You've struck on the actual reason for this proposal: Congress gave banks the ability to do these transactions, unaware that there was a submarine patent covering similar technology. Now that all the banks, given the blessing of Congress, are facing lawsuits due to that patent, Congress (or at least some people in Congress) are trying to shield the banks from the damages arising from adopting the new rules in good faith.

      Why we should have to pay a billion dollars for it is beyond me. Congress has absolute Constitutional control over patents, including the ability to summarily revoke them (unless there's some case law involved here, which I'd be interested in reading about if anyone knows of any).

    4. Re:I Dont Get It... by evanbd · · Score: 1

      While I'm sure everything you said is true, that doesn't make it non-obvious. That system, or something like it, is a fairly obvious use of computers as applied to banking. The only reason it hadn't appeared before was because of regulatory issues. Patents should be for new and innovative ideas, not really obvious ones that no one is doing because they're not allowed to.

    5. Re:I Dont Get It... by Gutboy · · Score: 1

      In 96'-97' I worked for the Georgia Department of Corrections, and what we did was scan documents so they could be transmitted between various Corrections departments. We also created 'signatures' so that the scanned documents would be legal documents.

      Sounds a lot like what they are doing, except applied to the banking industry. Sounds obvious to me, based on our prior work.

  21. Taxpayer's Money by Anonymous Coward · · Score: 4, Insightful

    So in effect, the banks are stealing technology, asking Congress to litigate their loses, and now this Senator is front-man for a huge expenditure of _our_ money to bail them out?

    Something is amiss here, because I'm still paying for my checks. Let the banks and their huge reservoir of money pay for their technologies. With interest.

    I don't care one bit if the banks invested so much of their capital into inflated mortgage loans. That's their problem for not making _sound_ investments. They freaking have _economists_ working in those high-rise offices.

    1. Re:Taxpayer's Money by nine-times · · Score: 1

      I don't care one bit if the banks invested so much of their capital into inflated mortgage loans. That's their problem for not making _sound_ investments. They freaking have _economists_ working in those high-rise offices.

      And I think this is the problem with the federal government bailing out big-business. They have people whose entire job it is to figure this shit out, calculate the risks, and make informed decisions. I don't understand how the same people who will talk about the need for a free market also endorse corporate bail-outs.

      These companies have no problem taking people's money when a bad decision is made. If I use my credit card to buy into some get-rich-quick scheme and I lose my money, the bank doesn't let me off the hook. But when they invest their money in get-rich-quick schemes, they want my money to bail them out. If I download a damn song I might face hundreds of thousands of dollars for copyright infringement.

      Screw it. Heads should be rolling in banks if they fucked up and used patented technology without a license. If the government doesn't like this patent system that can significantly harm our economy for something stupid, then they should reform it. It's not as though no one saw this sort of thing coming. But if they're in favor of the patent system, then let the free market handle it. Don't steal my money.

  22. Why the slashbash is a shithole to discuss in. by Anonymous Coward · · Score: 0

    In this case there is only one relevant questions:

    1. Is there obvious prior art to this way of scanning cheques?

    - If yes, then lawmakers could in this case grant extra speedy judicial review of whether that prior art is valid.

    - If no, that means this way of scanning cheques is unique and has never been done before, and hence is patentable.

    To discuss in the shithole of slashbash is to discuss whether someone who is perceived to be evil deserves to be in prison for having an evil mindset - you will find a lot of shit and no good or consistent arguments.

    I predict that question not being asked in the first 50 comments to the summary, other than this one.

  23. And the interest alone... by rfrenzob · · Score: 1
  24. Think of what $1B at the USPTO would buy by MikeRT · · Score: 1

    A better use for that money would be to hire people who have demonstrated strong work experience and education in technical fields. When he's up for retirement, a close relative of mine would be a great pick. He has experience in a number of very, very technical areas of Computer Science, and if you gave him a research staff to work under him, and good pay, he could easily rip patents like these to shreds. The problem is, the government would never pay an engineer with the depth of education and work experience that he has a salary commensurate with what he could bring to bear at an agency like the USPTO.

    Nothing will change until two things happen: the government conforms to private sector at-will employment, and it stops being stingy with pay for qualified people. Then again, this is the same institution that will try to save money on the military by spending $1B on a stealth bomber, and then haggle over the salary of the pilots.

    1. Re:Think of what $1B at the USPTO would buy by winkydink · · Score: 1

      If your close relative is such a potential patent shredder, then why wouldn't he hire himself out for a $100-200 million now and destroy this patent on behalf of the banks? Don't you think the banks would pay that much right now?

      --

      "I'd rather be a lightning rod than a seismometer." -Ken Kesey

    2. Re:Think of what $1B at the USPTO would buy by Dun+Malg · · Score: 1

      If your close relative is such a potential patent shredder, then why wouldn't he hire himself out for a $100-200 million now and destroy this patent on behalf of the banks? Don't you think the banks would pay that much right now? "-1, Doesn't Get it". Because the USPTO still would have the same number of slackjaws, and the same bad court decisions , and the same stupid definition of prior art backing these bogus patents. What the GP poster is saying is that crap like this could be avoided if the USPTO had competent staffing, using rational criteria in reviewing these things. In short, the banks have fuck-all to gain by hiring someone to demonstrate prior art so long as the USPTO's definition of prior art remains "found in the patent archives".
      --
      If a job's not worth doing, it's not worth doing right.
  25. Not sure who the bad guys are here - the banks? by Mr.+Roadkill · · Score: 4, Insightful

    If I understand correctly, Ballard claims to have developed these techniques and methods in the mid-90's, at a time when physical transfer of checks was required - federal law would not have allowed those methods at that time.

    Then, the world turned upside-down - and his invention became a necessity.

    DataTreasury has negotiated licencing with some financial institutions, but there are others that seem to feel that they shouldn't have to pay and aren't afraid to try to make the US taxpayer pay instead.

    While it may be possible to characterise DataTreasury as a "patent troll" by some readings of the term, Ballard appears to be the first to have come up with and documented those methods and techniques and that's been upheld by the USPTO. DataTreasury claims to have attempted to sell the patent-protected system to the banks, who went ahead and ran with their own implementations. Isn't the patent system supposed to be about providing a limited-term monopoly for those who come up with ideas, whether it's an idea for a better mousetrap or a method of performing financial transfers? Isn't it possible that the banks are trying to use their sheer size and influence to avoid paying for something that they really ought to?

    1. Re:Not sure who the bad guys are here - the banks? by ADRA · · Score: 1

      Oh my god, a comment that actually makes sense and doesn't pander to the lowest common Slashdot denominator? Give this person a cookie.

      PS: The patent could be remarkably weak for all I know the only difference between prior art and innovation could be: The ability to scan and copy 'image' for archival purposes VS. The ability to scan and copy 'check' for archival purposes.

      --
      Bye!
    2. Re:Not sure who the bad guys are here - the banks? by Anonymous Coward · · Score: 1, Interesting

      True - if the banks have implemented a valid patent, they should pay for it. Obviously they felt it was important enough to change their process to that method, meaning that it wasn't obvious to any of the banking staff before.

      The issue at stake with the $1bn is the possibility that Ballard could simply refuse to license the cheques for any reasonable sum. I don't know how this method is even used or how integral a part it is to automated systems, but let's say he refused to sell it for any sum that was more than marginally below the cost of every banking branch in the country taking apart age-old machines.

      The government has however the (much debated) right to 'eminent domain' - to force someone to sell something, for the greater good of the people, at a price they decide is fair. The issues there are wide, but consider e.g. someone discovers a cure to HIV and patents it - and wanted to charge $50m per dose. In that case his property rights would place that well within his rights, but eminent domain could have the government force him to give it away, because the cost to society of adhering to property rights in that specific instance is considered too heavy. In this case, if there is a massive cost and resource need to the entire banking system, and Ballard refuses any non-exuberant licensing terms, then eminent domain sounds like a possible way to go.

      I wouldn't however object to eminent domain being used and then a one-off tax being levied on all the banks using the technology. That means less time spent by engineers switching out machines for no good reason when they could do things that really benefitted people.

    3. Re:Not sure who the bad guys are here - the banks? by Nikker · · Score: 1
      --
      A loop, by its nature, continues. If that didn't make sense, start reading this sentence again.
    4. Re:Not sure who the bad guys are here - the banks? by Mr.+Roadkill · · Score: 1

      I have modpoints, but unfortunately I can't mod up a reply to my own posts. Can someone else please give this AC some more prominence?

      Several banks thought Ballard's company offered the tech at reasonable terms - or, at least, at terms they felt they couldn't refuse or that it wasn't worth refusing - so I wonder what exactly stopped the other banks entering into such arrangements.

      I'm going to assume, for the sake of argument, that Ballard is completely in the right and those banks that didn't licence the tech - "stole it", let's say - are completely in the wrong. That may or may not be the case, in reality, but it makes for some interesting thoughts.

      Even if Ballard's licencing terms had been ramped up in the face of constant bad-faith dealings by the banks, shouldn't those banks be penalised for that behaviour? What dis-incentive is there for others who might try the same thing in future if the penalty for stealing the tech for X years is having to pay less when the government recovers through taxation whatever relative pittance the banks convince it to pay Ballard's company for the compulsory acquisition of his invention? Sure, lower costs may be good for society-at-large, but so is more responsible and ethical corporate behaviour.

    5. Re:Not sure who the bad guys are here - the banks? by tilandal · · Score: 1

      Thats true but the end result is it saves you money. Guess what, banks just pass the cost down to the consumers. at 40 billion checks a year it wouldn't be long for royalties to total over $1 billion.

    6. Re:Not sure who the bad guys are here - the banks? by Anonymous Coward · · Score: 0

      You have no idea what you are talking about.

      Check imaging has been around for a very long time (Pre 1984). If you took 10 seconds to read the Ballard Patent, you would realize this is a crock on Crap.
      The JAVA OPERATING SYSTEM is where I lost hope.

      This is a cash grab, and a waste of everyones time, except a bunch of east Texas Lawyers.

    7. Re:Not sure who the bad guys are here - the banks? by Mr.+Roadkill · · Score: 1

      Thanks for that link; fortunately, I get access to that through work so I didn't need to pay for it. Not sure I would have if I had to though, as I don't like my slashdot *that* much...

      Most interesting reading. However, that still required the physical movement of the check from one location to another for payment to be completed, and that's why there were problems when all the planes were grounded. My understanding of the post-9/11 changes and the disputed patent is that it's now possible for clearance to occur before the actual physical transfer back to the writer's bank has occurred - that a standard means of scanning and archiving the checks has now been devised that can be done anywhere, with the check itself meandering its way through the banking system for return to its writer rather than for physical clearance and then return.

      MICR and all those other cool technologies meant that it was possible for banks to know how much their customers had written in checks and avoid "kiteing" and other similar practices - and to signal back to the bank in which the check was deposited that it was indeed okay to release the funds once the check had physically traversed the banking system. They're very valuable technologies that save all kinds of data entry issues and make possible things like automated physical routing of checks. But it still relied on the check getting from A to B in a certain period of time.

      Should further enhancements to check processing have been done by the banking industry or a technical committee? Probably - it's been done before, in the 1950's as you quite rightly pointed out with regard to MICR and all the automated routing stuff . Were enhancements like a standardized scanning and data transfer mechanism to facilitate check processing, and allow the checks themselves to be transferred simply for return to their writers rather than as part of the clearance process, done by the banking industry or a technical committee? It looks more like that was invented privately, and either those standards or others that infringed on that patent were adopted by the banks.

    8. Re:Not sure who the bad guys are here - the banks? by ScrewMaster · · Score: 3, Insightful

      Isn't the patent system supposed to be about providing a limited-term monopoly for those who come up with ideas

      No, and I don't know where you got that from. It's the root of the problem: the patent system was intended to protect implementations of ideas. Got a great new idea for a product? Fine. Make it work first. In fact, until fairly recently in U.S. history a working prototype was required for issuance of a patent. I believe it was a huge mistake to eliminate that requirement.

      Put it this way: if you can't show that your idea can be realized in the physical world then it's just that ... an idea. Fact is, almost all potentially-patentable ideas are either obvious or worthless. Hell, pretty much all ideas are worthless: they're a disposable commodity and very, very few are deserving of patent protection. The system was supposed to be more selective that it is now, and a patent was meant to protect, and more importantly preserve, implementations that were valuable to society. Whether they were valuable to the inventor was a secondary proposition, and it was up to him to make of it what he could in the time allotted.

      Please, read some of Thomas Jefferson's writings on this subject: he was not directly responsible for the patent system, but he was very influential. He expresses the intent of the patent system a lot better than I ever could.

      Had we just stuck with the original system as laid down by the Founders, we wouldn't have found ourselves in this mess. Once again, we find that the Founding Fathers did the job right: it took our modern politicians to corrupt it into the legal, financial and economic disaster that it is today.

      Seems like they've been repeating that scenario rather frequently lately. We've become a nation of falling intellectual and moral fiber being governed by people that have already reached bottom.

      Depressing, really.

      --
      The higher the technology, the sharper that two-edged sword.
    9. Re:Not sure who the bad guys are here - the banks? by ScrewMaster · · Score: 1

      This is a cash grab, and a waste of everyones time, except a bunch of east Texas Lawyers.

      Yeah, well. Texas. Enough said.

      --
      The higher the technology, the sharper that two-edged sword.
    10. Re:Not sure who the bad guys are here - the banks? by StormReaver · · Score: 1

      "Isn't it possible that the banks are trying to use their sheer size and influence to avoid paying for something that they really ought to?"

      Isn't is possible (and probable) that the moment people first discovered scanning and the need to verify a paid check that they almost all simultaneously thought that combining the two would be a great idea? Isn't it possible that the only thing holding back this trivially obvious idea was the cost of storage, and that it was an inevitably obvious use of the two technologies once the price per megabyte of storage decreased to a reasonable level? Isn't it possible that banks around the world thought, and rightfully so, that this is such a painfully obvious idea that it couldn't possibly be patentable?

      "While it may be possible to characterise DataTreasury as a "patent troll" by some readings of the term..."

      By any reading of the term, DataTreasury is a patent troll. This is an insignificant, obvious idea that should have been laughed out of the patent office on even a cursory reading by anyone even superficially familiar with technology.

    11. Re:Not sure who the bad guys are here - the banks? by Anonymous Coward · · Score: 0

      No, and I don't know where you got that from. It's the root of the problem: the patent system was intended to protect implementations of ideas. Got a great new idea for a product? Fine. Make it work first.

      Hey, dumbass, did you know that a patent MUST include all sufficient information for an invention to work? Otherwise it isn't a valid patent.

      The problem with talking about patents is most people have no clue what they are talking about.

      In fact, until fairly recently in U.S. history a working prototype was required for issuance of a patent. I believe it was a huge mistake to eliminate that requirement.

      So? From my time in grad school I have a joint patent for an obscure part of an oil refinery. Do I have to include a working oil refinery with my patent application? Do you want me to stink up the patent office with heavy oil residue?

      Put it this way: if you can't show that your idea can be realized in the physical world then it's just that ... an idea. Fact is, almost all potentially-patentable ideas are either obvious or worthless.

      Actually, if something is obvious when the patent is filed then it isn't a valid patent. As I said above, a patent MUST include all sufficient information for the invention to work, otherwise it isn't a valid patent.

      Hell, pretty much all ideas are worthless:

      That is for the market to decide. To me, the iPhone is a useless piece of crap. Other people will camp out for days and pay hundreds of dollars to get one.

      a patent was meant to protect, and more importantly preserve, implementations that were valuable to society. Whether they were valuable to the inventor was a secondary proposition, and it was up to him to make of it what he could in the time allotted.

      Hey, we agree on something!

      Had we just stuck with the original system as laid down by the Founders, we wouldn't have found ourselves in this mess. Once again, we find that the Founding Fathers did the job right: it took our modern politicians to corrupt it into the legal, financial and economic disaster that it is today.

      You know what? There are many things that were not envisioned by the Founders, like air traffic control and nuclear reactors. Thats why you have legislation & judges.

      The "business methods" patents and Harvard mouse patents have been allowed because it has been decided they fall into the category of inventions what are worthy of protection. Don't like it? Get Congress to pass some laws.

      We've become a nation of falling intellectual and moral fiber being governed by people that have already reached bottom.

      While true, that really has nothing to do with the patent system.

    12. Re:Not sure who the bad guys are here - the banks? by ScrewMaster · · Score: 1

      Hey, dumbass, did you know that a patent MUST include all sufficient information for an invention to work? Otherwise it isn't a valid patent.

      Hey, Fucktard ... did you know that a hell of a lot of patents don't describe anything that could actually be built, and that the patent office doesn't care? Furthermore, I don't recall saying that people had to show up at the patent office with their inventions: you just made that up or assumed it, asshole. However, there's a huge difference between submitting a patent and being able to say, "Yes, we built this, it works and we'd like to protect our invention so we can profit from the manufacture and sale of it" and "I have this idea that I think people might someday use, and I'd like a submarine patent, please." Jerkoff.

      You'll get a lot farther on Slashdot if you keep the name-calling to yourself. You're welcome to disagree, but don't expect me to remain polite if you open your reply with "hey, dumbass". You're also completely ignorant on this subject, as demonstrated by your off-base commentary. Read up, then grow up.

      Don't bother replying to this post ... I'm not interested in anything else you have to say.

      Fuckwit.

      --
      The higher the technology, the sharper that two-edged sword.
  26. Bank Patent #2 by fireman+sam · · Score: 3, Funny

    Charge people for depositing their money.

    --
    it is only after a long journey that you know the strength of the horse.
    1. Re:Bank Patent #2 by Anonymous Coward · · Score: 0
      Charge people for depositing their money.

      You are so fucking out of date -- twenty-five years ago my sister found an undocumented charge on her savings account. She called the bank and asked what it was for. She was told it was for "excessive activity on the account" -- she had made three deposits in a single month.

    2. Re:Bank Patent #2 by uberslack · · Score: 1

      i bet that was in her fucking contract too

      --
      Just because you're paranoid does not mean that the world is not full of assholes.
  27. Uncalled For by enoz · · Score: 0

    In Soviet Russia, perl writes legal system.

  28. Whose idea was this?! by erroneus · · Score: 2, Insightful

    Was it the Banks' idea? Was it the patent troll's?

    It's moronic. Congress can simply act to invalidate the patent to favor public interest or need. They don't need to BUY it! "Eminent Domain" is about actual property, not Intellectual property! The concept of Intellectual Property is about TEMPORARY monopoly or ownership of something that is to be later claimed, owned or otherwise available for public or private use. It's a privilege given to people by the government. When that privilege is misused or otherwise to the detriment of the public interest, that privilege should simply be REVOKED.

    1. Re:Whose idea was this?! by Carcass666 · · Score: 1

      From the 5th Amendment:

      ...nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

      In a lawful society, the government does not give priveleges to the People, the People consent to be governed by the government. The patent system may suck, but having the government taking property, intellectual or otherwise, without due process or compensation is against the law. Period. (Notwithstanding our current administration's attempt to skirt the Constitution when it deems it convenient).

    2. Re:Whose idea was this?! by Pinckney · · Score: 3, Insightful

      But patents are not property. The patent holders have no natural law right to their patents as they have to their land, their personal effects, their machines, etc. A patent is a limited monopoly granted by the state for the public good. In this sense, there literally is no such thing as intellectual property.

    3. Re:Whose idea was this?! by erroneus · · Score: 2

      "Intellectual Property" is a relatively recent invention if you could call it that and it's essentially an agreement... a public contract. When that contract threatens the public, then it's time to consider revoking that contract. If I had a patent on something like food that no one could live without and I simply refused to sell at any price, I'd say there was a good case for revoking that patent.

      Intellectual property is a misnomer. It's not property. If anything, it's more of a temporary grant... it's permission to use.

    4. Re:Whose idea was this?! by Anonymous Coward · · Score: 0
      When that privilege is misused or otherwise to the detriment of the public interest, that privilege should simply be REVOKED.

      Excellent analysis!

      Now let's apply the same logic to the greedy fucking farmers in California. For years, they were given water at well below the cost of delivery FOR THE COMMON GOOD -- i.e. keeping food production prices low. Now that there's a water shortage, these sly bastards sit back picking their teeth and suggesting that they would be willing to SELL their "excess" water to cities -- AT MARKET RATES.

      Fuck that shit -- if they aren't using the water for the common good, they should be summarily stripped of their rights to any water. Then they should have their goddamned smug faces slapped bloody for so cynically pissing in the public well.

      Same with bar and taxi licenses and every other right granted by the government to businesses. At one time, San Francisco bar and cab licenses could be sold for tens of thousands of dollars by people who had no intention of operating either. The city finally bought some balls and declared that the city was the rightful owner of the licenses and that the licenses were non-transferable. No such license should ever be allowed to be turned into a commodity for private exploitation.

      Likewise, people used to be able to buy trucking "authorities", which allowed them to ship specific products from one location to another. They might own no trucks, but only the authorities. So if I wanted to ship almonds from the Sacramento Valley to Los Angeles, I had to get (that's spelled B-U-Y) the right from some son of a bitch who didn't own a truck of his own and likely couldn't drive one with a stick shift. If I wanted to ship them also to redding, I had to BUY the right from yet a second "authority holder". Deregulation ended the authority system -- likely the only good ever to have come from any form of deregulation.

      Corrupt sons of bitches -- they're doing nothing but getting fat on gifts of public funds.

      Captcha: "unfair".

    5. Re:Whose idea was this?! by Carcass666 · · Score: 1

      You could abstract just about anything to say it's an agreement. Back when we were on the "gold standard", currency used to be an agreement that the US held a certain amount of a precious metal (gold or silver) for each note that made its way out of the Treasury. These days, floating currency is a much more abstract concept. Nonetheless, most of us frown upon the idea of the government arbitrarily taking money (outside of taxes, legal settlements, fees, etc.).

      If Congress decided that it was for the "public good" that nobody should go hungry, and withdrew $25 out of every bank account monthly in the US to feed the poor; a lot of people would feel that was improper. Regardless of how "nebulous" money is, and what a good thing it would be that people be fed; people see things like contracts, agreements and currency as property that should have some level of protection from their government.

      The problem is not that patents have value as property. The issue is that we have an inept PTO that doesn't understand the content of the patents they are blithely granting. It almost seems that as long as people put "A process of..." in front of just about anything, the PTO grants a valuable monopoly. Fix the PTO. Keep Congress, as much as possible, out of the business of deciding when to take things for "the public good".

  29. And who would vote for that? by EmbeddedJanitor · · Score: 2, Insightful
    It is far easier for a politican to print more money and leave the problem for the next generation, even if in doing so the problem gets worse.

    The biggest problem is that nobody wants to stop the party.

    --
    Engineering is the art of compromise.
    1. Re:And who would vote for that? by ashridah · · Score: 1

      Ah, but there lies the problem. Politicians cannot print money! The banks have been granted the power to create money, but money cannot be printed out of nothing in the present system, as all it does is lead to inflation, which solves nothing.

      Ideally, the government should control the currency, but it does not. All it controls is the mint, which, in fact, does not create money at all, only paper representations of debt.

  30. I Can See The Future... by GaryPatterson · · Score: 3, Interesting

    ... and it's not pretty.

    Giving a patent holder a billion dollars to buy their patent will encourage patent trolls to come out in force. The government's giving away billions here, why not give it a go? You can patent something obvious, sue the banks and donate to the political parties. Soon enough someone will buy you out, and you get to retire a very wealthy person!

    Sure, it may not work out so easily, but what's to stop anyone from trying?

  31. OMG by Anonymous Coward · · Score: 0

    Why are stupid, greedy people in charge of the world?
    Why can't the game assassin's creed be based off a true group?

  32. Wait a minute... by msauve · · Score: 1

    Patents are good for, what, 17-20 years. I have a hard time believing that banks weren't scanning at least some checks 20+ years ago (or photographing/microfilming them). How is this patent not invalidated by prior art (scanning) or obviousness (photograph/microfilm)?

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  33. prior art by timmarhy · · Score: 1
    i'd say there's a fair bit of prior art for scanning and archiving something.

    way to go though, take a broken system and suggest a worse alternative.

    --
    If you mod me down, I will become more powerful than you can imagine....
  34. If you RTFA you would see by WillRobinson · · Score: 5, Informative

    While I despise patent trolls, if you read the article this guy had a business with 150 people developing and selling this technology. SOME not all banks ripped him off, several of the large banks did license the technology. Others just ripped him off. To stay in business in 2001 he had to lay most of his people off, and sell most of the company.

    Now after a proper legal vetting the banks that just ripped him off are crying and asking the government to save them. Piss on them. They knew exactly what they were doing. This is not a submarine patent. What about the companies that did play the license fee?

    What will the guy who actually developed this get? 2% of the money, less all the legal fees. Just remember, it could have been yhou that developed this.

    1. Re:If you RTFA you would see by Creepy+Crawler · · Score: 2, Insightful

      Fine. Tell me why it is novel?

      I could say the same about lawyer paperwork... I propose a patent on using auto-document feeders, OCR, and ODF data formats for storage on a ...SERVER!!!

      Oh wait. Thats what many higher-tech lawyers do at their law firms, as do doctors with MR's, and other professional peoples.

      --
    2. Re:If you RTFA you would see by WillRobinson · · Score: 1

      Guess you did not read the article, and this has already made it through the courts and been proven to be a novel idea (read no prior art).

    3. Re:If you RTFA you would see by Anonymous Coward · · Score: 0

      A bunch of lawyers and judges "proving" something to be novel is hardly going to convince a tech geek. It's time for patents to go, they are tools of oppression pure and simple.

    4. Re:If you RTFA you would see by RealGrouchy · · Score: 1

      But... but... the banks.

      Somebody please think of the banks!

      - RG>

      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    5. Re:If you RTFA you would see by RightSaidFred99 · · Score: 3, Insightful
      Bullshit. This is the definition of a patent troll. He came up with an "idea" just so he could prevent the banks from doing it. And his "idea" is fucking stupid. Gee, let's scan documents and use them for something. But wait, _IN A BANK_! Genius! This guy is a fucking piece of shit and he doesn't deserve a penny.

      Invention: Apparatus for scanning a document.

      Invention: Mechanism for archiving scanned data to a new medium I've invented and will describe herein.

      Invention: I've discovered a new way to compress check images, using this very specific algorithm which is entirely new.

      NOT invention: I can scan a check (technology for this is old) and use it for this specific purpose!

      It's stupid and indefensible.

    6. Re:If you RTFA you would see by Overzeetop · · Score: 1

      It took a business of 150 people to develop and maintain a single patent? This must be horrendously complex, and worthy of a patent. What? Some banks developed their own in-house version? Based on conversations of the concept with the inventor? Clearly something so complex as to require 150 people couldn't have been exactly duplicated by someone else...unless it either (a) wasn't complicated to begin with and his bubble burst at the same time as the rest of silicon valley (i.e. the "invention" was obvious in its implementation), or (b) it was that complex and a different implementation was produced by the banks - in which case if the patent applies then it is too broadly worded and should be struck down.

      Unfortunately, calling bullshit on the patent system just isn't enough to fix it.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    7. Re:If you RTFA you would see by TwoBit · · Score: 1

      Just because somebody invests a lot of time and money into something doesn't mean he should get anything for it, especially if he didn't create any new ideas.

    8. Re:If you RTFA you would see by Anonymous Coward · · Score: 0
      What will the guy who actually developed this get? 2% of the money, less all the legal fees. Just remember, it could have been yhou that developed this.

      He should get NOTHING. This shit about patenting "methods" should never have been allowed to start. In 1985, I worked on a "method" described by my boss (in a couple of paragraphs) for scanning printed labor court decisions, OCRing them and adding them to a database with a few keywords to search on. They were sent to an IBM STAIRS (STorage And Information Retrieval System (tm)) database, where they could be searched either by keyword or by body text. If that isn't obvious to you, then it isn't obvious to you why you should wipe your ass after taking a shit. 150 people to put this kind of crap together??? Only if they each had a single digit IQ.

      This kind of behavior should no more be protected than the businesses who used to buy exclusive government contracts to publish data gathered-and-already-paid-for at taxpayers' expense. These jerks screamed rape when the government proposed to simply place the information in a place open to public view or on the internet. Most of the sniveling was on the basis of the "value that we add" to the data, by tabulating or formatting it -- operations that the average person commonly has the tools to do for himself. They also claimed that the general public was generally incapable of interpreting the data for themselves.

      Horseshit -- give me the goddamned data and, on the outside chance that I can't handle it, I'll bring it to them and ask if they can "add value" at a price I consider reasonable. Otherwise stand a-fucking-side. But I will be the final arbiter of whether I'm capable of evaluating the data, not some bottom feeding scumsucker with a financial interest in sequestering MY data for his own aggrandizement.

      If we don't stop these bastards in their tracks, they'll patent "a method for arranging numbers right-justified in a column with the objective of making them easy to add up". And the FUSPTO will grant the patent.

    9. Re:If you RTFA you would see by Anonymous Coward · · Score: 0

      Very Good point.

      Questions I have are:

      If you bought software from someone else to do this are you really ask risk?

      Now when I go back to writing that check at Wal-Mart. They can't just scan the check and give it back to me?

      Fair is fair, If a bank will not credit my account for a deposit after 1:00p.m. Why should I check I write after 1:00p.m. be withdrawn before that same day.

    10. Re:If you RTFA you would see by thomas.galvin · · Score: 1

      Just remember, it could have been yhou that developed this. Yes,it could have been me that developed this. It also could have been the guy in front of me, or the guy behind me, or the guy off to the side of me. It could have been my brother, who's dabbled in computer stuff, or it could have been my sister, who just learned how to do equations in Excel. It could have been anyone. And that's why it's obvious. And that's why it's a bad patent.
  35. This might be a Good Thing by Wateshay · · Score: 1

    I'm all for patent change, but even if they pass it, it won't help this case.

    You can't retroactively change the laws. The laws may be lousy, but the fact is that these people got their patent legally under the current system. Now that they've got it, Congress can't all of a sudden decide they don't like the law and tell them, "well, on second thought maybe you can't have this patent." Any change would only apply to new patents. If they tried to apply it retroactively, the courts would shoot it down in a heartbeat.

    On the other hand, maybe a billion-dollar bailout will turn some heads and lead to some real reform down the road. This is $1B that our Congress-Critters can't spend on their own pet projects, and that's a language that they can all understand.

    --

    "If English was good enough for Jesus, it's good enough for everyone else."

    1. Re:This might be a Good Thing by Lord+Bitman · · Score: 1

      I think you're thinking of criminal law...

      --
      -- 'The' Lord and Master Bitman On High, Master Of All
    2. Re:This might be a Good Thing by Wateshay · · Score: 1

      Civil law does loosen the restrictions on ex post facto, but it doesn't eliminate it completely. If applied retroactively, this would clearly be a law aimed at punishing a specific individual who had no reasonable expectation at the time he got the patent that the law would be changed to invalidate it. Regardless of whether this is a legitimate patent (it's not 100% clear from the article that it isn't), the people who own the patent have clearly spent a lot of money getting and defending it. I don't think the courts would look fondly on Congress suddenly yanking it out from under them with no compensation (nor, frankly, should they).

      --

      "If English was good enough for Jesus, it's good enough for everyone else."

    3. Re:This might be a Good Thing by robertjw · · Score: 1

      I think you are correct. If Congress passes a law specifically to penalize this patent holder the courts are not going to be happy. If they make a more general retroactive law change, such as eliminating software patents, the courts will be swamped for decades.

      I'm guessing even the proposed eminent domain purchase of the patent will probably end up in the supreme court.

      Many of us have been clamoring for patent reform for years. Congress has ignored the problem, and now it's a national crisis. They made their bed, they have to lie in it. Looks to me like the only way out is to introduce some patent reform now so this doesn't happen again.

    4. Re:This might be a Good Thing by lachlan76 · · Score: 1

      Removing all penalty from violating wouldn't be ex post facto, though.

  36. Cheque Processing Companies by Anonymous Coward · · Score: 1, Interesting

    Wow. Even if they give the banks immunity, what would happen to those companies that provide cheque processing services to banks?? Or those such as NCR that actually provide the imaging equipment?? For instance, Fiserv Inc. operates over 50 centers worldwide doing item processing and archiving for upwards of 1700 client organisations. I worked for the Australian division which provides item processing and archiving services for 3 of the 4 largest banks here, and for one of those banks before we were outsourced. Banks here have been doing electronic exchange under the auspices of the Australian Payments Clearing Association since before I started in 2002. Trust me, they don't exactly need an increase in costs right now due to a patent troll.

  37. Smells Fishy by QuoteMstr · · Score: 1

    Has anyone checked out whether Sessions has any personal interest in this bill, or whether he might be getting a kickback?

    1. Re:Smells Fishy by unitron · · Score: 1

      Has anyone checked out whether Sessions has any personal interest in this bill, or whether he might be getting a kickback?

      From the WashPo article--

      "Political action committees of financial institutions were the largest single category of industry donors to Sessions, with $52,300 in the current election cycle, the center said. That represented nearly a quarter of PAC contributions he received as of midyear 2007."

      It's always better to buy congresscritters ahead of time and keep them in your pocket until needed.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

  38. What if the trolls don't want to settle? by schwit1 · · Score: 0, Flamebait

    Can't they go to court and say the patent is worth more?

  39. Publicity? by Anonymous Coward · · Score: 0

    Can't find any mainstream press articles on this yet. If it were publicized heavily maybe could be a lightning rod for patent reform.

  40. Shenanigans by dmomo · · Score: 1

    Isn't there a "Triviality" clause in patent laws somewhere? This is something no one needs to invent. It's an obvious application of available technology.

    If someone has patented "Taking a Photo", but no one's patented "Taking a Photo of a Bicycle" can I?

    This CRAZY check scanning idea is a trivial extension of Scanning and Archiving documents,
      which is a trivial extension of Scanning and Archiving paper items,
        which is a trivial extension of Scanning and Archiving Physical Objects Digitally,
          which is a trivial combination of Scanning and Archiving

    What does that gray line that defines when something is an actual innovation look like?

    Can't we just do the same thing and create a trivial extension to this patent?

    Here, if anyone wants to get rich, steal this idea:

    Patent Scanning and Archiving a Bank Check While Wearing Pants.

    At least then, if you catch someone else using this innovation, you can sue their pants of.

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

      Isn't there a "Triviality" clause in patent laws somewhere? This is something no one needs to invent. It's an obvious application of available technology.

      You have no idea what you are talking about. Go and read a bit. There are 3 requirements (in the USA) for an invention to be patentable:

      1. it must be new
      2. it must be useful
      3. it must be non-obvious to someone of ordinary skill in the art

      Many patents live or die on the non-obviousness test, which by its nature can be fuzzy.

      If someone has patented "Taking a Photo", but no one's patented "Taking a Photo of a Bicycle" can I?

      "Taking a photo" and "Taking a Photo of a Bicycle" are not new, and therefore not patentable. However, if there was a patent for "Taking a photo", "Taking a Photo of a Bicycle" would probably be considered obvious.

      This CRAZY check scanning idea is a trivial extension of Scanning and Archiving documents,

      You are correct today, but was it trivial back when the patent was filed in the 1990s? The patent office thinks it was new and original back then. At the time, the banking industry had never heard or thought of such a thing.

      Can't we just do the same thing and create a trivial extension to this patent? ... Patent Scanning and Archiving a Bank Check While Wearing Pants.

      Your proposed invention probably fails the non-obvious test, and since people have already been scanning, archiving & processing checks while wearing pants, it isn't new either. So no patent for you.

    2. Re:Shenanigans by dmomo · · Score: 1

      > You have no idea what you are talking about.
      I must admit, I read this line, and got all fumed up and ready to fight. (reoow)

      > Go and read a bit.
      Then I read that and decided to give you the benefit of the doubt.

      Thank you for the clear response. It's a clear explanation making what I was poo-pooing (with,I hope some perceived humor) seem more reasonable.

      It does bring up another question, though.

      Let's assume I invent something that no one thinks twice about. Maybe it's even ridiculed. I got it. A personal carrying case for your individual teeth. Technology moves on and not because of my invention, but because of advances in Genetics and Dentistry. All of the sudden, people can pay money for teeth systems where they can install custom teeth like accessories. My invention is now something that would obviously follow.

      Now for the question part (not trying to win any argument here, there could be a clear answer to this)
      1) What's to stop me from preventing anyone the pleasure of being able to carry their teeth in a special teeth holder? Does a patent have to be active/in use for it to be valid?
      2) What if I put it in use, but make this simple technology incredibly expensive? Would someone have to find a non-trivial extension to this in order to sell their own version or is there some other protection from this sort of bad behavior?

    3. Re:Shenanigans by Anonymous Coward · · Score: 0

      I must admit, I read this line, and got all fumed up and ready to fight. (reoow)

      I like a good flamefest too! :)

      Let's assume I invent something that no one thinks twice about. Maybe it's even ridiculed. I got it. A personal carrying case for your individual teeth. Technology moves on and not because of my invention, but because of advances in Genetics and Dentistry. All of the sudden, people can pay money for teeth systems where they can install custom teeth like accessories. My invention is now something that would obviously follow.

      Now for the question part (not trying to win any argument here, there could be a clear answer to this)
      1) What's to stop me from preventing anyone the pleasure of being able to carry their teeth in a special teeth holder? Does a patent have to be active/in use for it to be valid?
      2) What if I put it in use, but make this simple technology incredibly expensive? Would someone have to find a non-trivial extension to this in order to sell their own version or is there some other protection from this sort of bad behavior?


      If your "special teeth holder case" was new & sufficiently non-obvious, you could get a patent for it. It only has to be new & non-obvious at the time of filing the patent. It doesn't matter that it becomes obvious after you file the patent. Further, when the patent is granted, it is published & publicly disclosed - anyone can read about it, so it is no longer new, and it is now obvious - everything becomes obvious when someone tells you how to do it.

      1. You can sue people who infringe on your patent, and get damages and/or injunctions to get them to stop infringing. Happens all the time. There is no need for a patent to be in active use - you get 20 years of patent protection. There is usually a small annual maintenance fee from the patent office.

      2. What if I put it in use, but make this simple technology incredibly expensive? Doesn't matter. They can pay up or you can sue them & win. Of course, it takes time & effort for you to keep suing people, and it might not be worth the hassle to sue. If you don't sue the small fish (because they don't have enough money to make it worthwhile) and only sue the big fish with deep pockets, that is perfectly legal and does not invalidate the patent. This is very different from protecting a trademark, where you need to go after everyone who misuses your trademark.

      Would someone have to find a non-trivial extension to this in order to sell their own version or is there some other protection from this sort of bad behavior? You've got multiple questions there. To work around your patent, someone would need to find a way to do something that does not infringe on the claims of your patent. The claims are the "fine print" which list what is specifically covered by the patent. Working around the claims is something best left to a patent lawyer.

      Extensions to a patent are different. If you had a patent on electricity, someone could come along and patent an electric motor, even though the motor patent is useless without your electricity patent. If someone wanted to use the electric motor, they would need to get a patent license from both of you.

  41. this reeks by CrazyJim1 · · Score: 1

    Slashdot, keep us posted on this. I want to see how my Senators vote on this bill. I would also like people to suggest letters to write their Senators that don't include insults. It isn't as easy as you'd think because patent reform can be complex depending on how you look at it.

    1. Re:this reeks by kimvette · · Score: 1

      It's easy:

      1) Patents shall not be granted for software, including software contained within embedded devices

      2) Patents shall not be granted for business methods, including businesses conducted on the internet and/or using electronic technology

      3. Patents shall not be granted for any algorithm

      Bang. Dead. Done. System fixed.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  42. What happened to the free market? by BlackSabbath · · Score: 3, Insightful

    Great. Whatever happened to the party of the free market?

    When Democrats spend tax dollars propping up "unsuccessful" citizens its called welfare-state communism.
    When Republicans spend tax dollars propping up "unsuccessful" corporations its called...what exactly?

    The patent system may be knackered but the answer isn't this absurd gesture of government largesse.

    1. Re:What happened to the free market? by andy314159pi · · Score: 1

      When Republicans spend tax dollars propping up "unsuccessful" corporations its called...what exactly?
      It's called their party platform.
    2. Re:What happened to the free market? by kocsonya · · Score: 1

      > When Democrats spend tax dollars propping up "unsuccessful" citizens its called welfare-state communism.
      > When Republicans spend tax dollars propping up "unsuccessful" corporations its called...what exactly?

      Freedom and democracy are the fashionable terms, I think.

    3. Re:What happened to the free market? by natebarney · · Score: 1

      When Republicans spend tax dollars propping up "unsuccessful" corporations its called...what exactly? Corporate welfare?
  43. Why not do something about it? by wizzahd · · Score: 1

    You can email Sessions here: http://sessions.senate.gov/email/contact.cfm

  44. Great Republican Ideas at work by dkarma · · Score: 0, Troll

    Wow this is awesome! Yet another great idea by the political party that brought you:
    Two endless wars, Failed Katrina Recovery (Great Job Brownie!), a bridge to nowhere, and Torture just to name a few.

  45. IBM by NullProg · · Score: 3, Informative

    IBM owns the bank check processing business (I did check payment programming for four years and have a 3lb MICR reader decorating my metallic file cabinet to prove it). I'm pretty sure IBM has a patent that covers this. If an IBM patent won't cover it then check with NCR (Bought by AT&T then released into the wild again as NCR).

    That being said,

    I believe what has been patented here is the method to process checks directly just like a debit card (Those little merchant machines that scan and process your check directly and/or the debit payment inserted into the network from a check by phone payment). Unlike a check which travels through the FED/ACH system, this transaction goes through the debit network (STAR, PULSE, HONOR) etc. There is no FLOAT time for the purchaser.

    This claim isn't exactly a software patent, and its sort of unique. Its not revolutionary (more like evolutionary) the banking industry shouldn't pay a dime for it (neither should congress).

    If I could find my notebook from 1995/1996 I could show prior art from designing a system to accept payments via users check routing/account info directly into the debit network via a web browser. And no, my design wasn't secure. Note that with this claim (I have no proof without the notebook) and a dime will still equal a dime.

    My two cents,
    Enjoy.

    --
    It's just the normal noises in here.
    1. Re:IBM by Anonymous Coward · · Score: 0

      "If I could find my notebook from 1995/1996 I could show prior art from designing a system to accept payments via users check routing/account info directly into the debit network via a web browser."
      Yea and if the Easter Bunny had wings he could fly!
      FYI, NCR has a licensing agreement with Datatreasury.

  46. Re:What the heck is wrong with Alaska? by corbettw · · Score: 1

    Except AL is Alabama. Alaska is AK. Stupid Alaska can't even get their state code right!
    --
    God invented whiskey so the Irish would not rule the world.
  47. How did it survive a challenge? by SwashbucklingCowboy · · Score: 2, Informative

    After scanning through the claims in both patents, this is about routing scanned images onto hierarchical storage. Even back in 1997 this shouldn't have passed the obviousness test.

    1. Re:How did it survive a challenge? by pbhj · · Score: 1

      I haven't looked at the claims ... but given that Patent Attorneys are some of the highest paid lawyers available (for a reason, they save and acru huge amounts of capital for their clients) and that the banks are not exactly poor ... I think if there were a simple challenge it would have been made. The banks aren't going to spend 100million on the court case when they can spend 10million on debunking the thing.

      Just an a priori opinion.

  48. Demographics is what is killing us by Anonymous Coward · · Score: 0

    Not some Republican plot.

    We are getting older. And the new deal depends on current workers to pay in to fund benefits. The ponzi scheme is falling apart.

    And the nonsense of taking our excess SS receipts and crediting them against the general fund Enron-style started under LBJ. Another one of those temporary budgetary tricks is time of war.

    1. Re:Demographics is what is killing us by Waffle+Iron · · Score: 1

      We are getting older. And the new deal depends on current workers to pay in to fund benefits. The ponzi scheme is falling apart.

      What you say is true, but the fix is simple: make the retirement age variable, and adjust it each year it so that a fixed percentage of the population receives benefits. If you live longer on average, you should work longer on average.

    2. Re:Demographics is what is killing us by Anonymous Coward · · Score: 0

      How do you know how long you are going to live? :)

    3. Re:Demographics is what is killing us by KDR_11k · · Score: 1

      The problem is that noone WANTS old workers. There's just not enough work to keep them occupied until retirement, there's not even enough work to employ all the young people. Well, okay, there is work but they aren't qualified for it. The vacancies require qualifications that a large part of the population just is not fit to reach (not everyone is smart enough to get a degree and then you still have to subtract those who can't get higher education for social or economic reasons) while a huge surplus of unqualified people exists.

      By replacing manual labor with machines that require skilled workers to operate you reduce the job pool for the low skilled and increase the pool for the high skilled but we already lack high-skilled workers and have to import them from other countries. I see three ways out of this: 1. reverse machinisation to create more manual labor jobs (bad idea. Well, it happens if you count jobs created in China but that's not the goal of this), 2. Communism (unfeasible, maybe if we could get the machinisation to a point where it's self-sufficient and we don't need any workers anyway) or 3. Gene boosting all babies to make sure they are capable of becoming highly skilled workers (probably the most attainable if we ignore the major religions that condemn that strategy).

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    4. Re:Demographics is what is killing us by WhiteWolf666 · · Score: 1

      A couple points:

      1. Most Americans _are_ high skilled workers, at least when compared to other nations. We're a nation of skilled, high productivity workers. We're also the worlds 3rd (or second, depending upon how you slice it) largest exporter. Is everyone a rocket scientist? Of course not. But are most Americans only qualified for bulk manual labor? No.

      2. There's nothing wrong with "old" workers in general. The problem is fat, unhealthy, old workers. Obesity is an epidemic in this country, and although the morbidly obese don't end up "old", the overweight do, and they end up unhealthy. Unable to walk properly, wracked with pain, and generally having several chronic conditions which preclude working. If we aged gracefully in this country there wouldn't be any problem with working till 70-75, since life expectancies would _easily_ go up to 90+. And, most people would _easily_ be mostly functional until 85+.

      Seriously, these days, the difference between being 55 and 70 is vastly overwhelmed by the difference between being a normal weight and obese. If we solved our obesity epidemic, we wouldn't have these problems, our health care bill would be smaller, and people would (happily!) work longer.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
  49. For Those That Are Interested... by SwashbucklingCowboy · · Score: 2, Informative

    Banking provides a decent amount of money to Sessions campaign coffers, but not an overwhelming amount. See http://www.opensecrets.org/politicians/indus.asp?CID=N00003062&cycle=2008

  50. Business methods should not be patentable by belg4mit · · Score: 3, Interesting

    And that includes 1-click, etc. BofA has a patent on "Keep the Change," an admittedly clever idea,
    and so Wachovia has to opt for the less user-friendly: take a dollar on every transaction. (Actually,
    they could presumably go for the "X% of the transaction value")

    --
    Were that I say, pancakes?
  51. Wish I could have lobbied away my bank's fees by reccall · · Score: 1

    Banks have been bilking customers on "fees" for years to the tune of billions. A legitimate claim comes around and they get to lobby their way out of it. Bah, I'd say turn about is fair play if they weren't gonna just use it as an excuse to raise fees for their customers. Any time a big money patent is mentioned it seems a knee jerk reaction to scream "Patent Troll!". As was mentioned the inventor has been battling for his fair shake in saving banks and (if they ever bothered to pass on the savings) their customers time and money. He's the little guy in this scenario. Seems if the patent system was actually set up to protect innovation this guy would get his due.

    1. Re:Wish I could have lobbied away my bank's fees by argent · · Score: 1

      A legitimate claim comes around and they get to lobby their way out of it.

      What part of the claim do you believe to be legitimate?

  52. having read the claims... by PatentMagus · · Score: 4, Informative

    and looked at the re-exam history, and looked to see if there is any obvious payola going into the good senator's pockets, I have to support the earlier conclusion.

    That is just fucking retarded.

    Seriously retarded. A billion taxpayer dollars on the line after the banks have spent, by my estimate, around 30k. I guess it's cheaper to send a teenage male hooker to the senate chambers than to fight this thing. More seriously, there are good reasons to fight this thing in court. Write your senator. Here's a few points:

    KSR v. Teleflex modified the definition of obvious. Making the banks fight will pull in that case law.

    eBay v. MercExchange will make it harder for the patent holder to enjoin the banks from scanning and transmitting check data. so, there's no real danger of banking being shut down as the case is tried.

    It's doubtful that this technology saves the banks a billion dollars. They can always turn to low tech fax machines if they don't want to ship pallets of checks. You can fax an awful lot of checks for a billion dollars.

    If the senate wants to pass a law, pass one that legalizes something else that the banks can do without infringement.

    The banks can easily afford a billion dollars. Bankers award themselves more than that each year as annual bonuses. Furthermore, it gives the banks a legitimate excuse (for a change) to raise fees. The reason will only last a year or two and after that they can use the money to fund reelection campaigns.

    --
    I am a lawyer, but not yours. Anything I tell you might be a total lie intended to benefit my clients at your expense.
    1. Re:having read the claims... by Nefarious+Wheel · · Score: 1

      I agree. But why send back the cheques at all? We haven't done that in Australia for years. But then we're mostly eftpos for everything above a newspaper purchase so we're not quite so addicted to posting paper. Most money travels via SWIFT, about three trillion per year.

      --
      Do not mock my vision of impractical footwear
    2. Re:having read the claims... by Anonymous Coward · · Score: 0

      "A billion taxpayer dollars on the line after the banks have spent, by my estimate, around 30k."

      And for great Cthulhu's sake, you're telling me the banks can't pool their financial resources, amortize the cost, and buy out the damn patent themselves? A billion dollars? They probably collectively finance that much every day. What the heck to banks do with all their money? Pile it up and swim in it? And why should taxpayers be the one to buy a patent that never should have been granted in the first place because it is too damned obvious?

      This is so wrong on so many levels it boggles the mind.

      I have a simple and crazy solution: go back to paper cheques and leave the stupid patent on the shelf until it expires.

    3. Re:having read the claims... by sm62704 · · Score: 1

      It's doubtful that this technology saves the banks a billion dollars.

      I'm wondering why it's NECESSARY to save the banks a billion dollars? First off, can't they afford this technology? Second off, they did without check scanning for... how long have banks and checks existed now?

      Thirdly I'd personally rather they sent the damned cancelled checks themselves back like they used to.

      Fourthly if scanning saves the banks so much money, where's my reduction in bank fees?

      -mcgrew

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    4. Re:having read the claims... by Maxo-Texas · · Score: 1

      Always keep in mind when some stranger or unknown corporation has to pay extra money, the cost always passes through to you.

      Bank pays more.
      Bank raises fees until extra cost covered.
      Tens of thousands of people slightly pinched by overall inflation including those fees raise prices to you or someone you buy from.

      So the best thing is to not give asshats ways to loot billions of dollars from society in general. I haven't read up to see if this is a real patent or an ambush (patent some easy idea- let it become popular by hiding the patent- then ambush). It sounds like an ambush tho.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    5. Re:having read the claims... by Anonymous Coward · · Score: 0

      The banks can easily afford a billion dollars.


      I sincerely hope you don't have any money in the stock market right now. You might be a little horrified at what the current state of banking has done to your balance.
    6. Re:having read the claims... by cayenne8 · · Score: 1
      "But then we're mostly eftpos for everything above a newspaper purchase so we're not quite so addicted to posting paper. "

      What is eftpos, never heard of it....?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    7. Re:having read the claims... by Duhavid · · Score: 1

      "Fourthly if scanning saves the banks so much money, where's my reduction in bank fees?"

      That went to bonuses for executives. Sorry. Maybe someday.\
      They were laughing all the way to the bank.

      --
      emt 377 emt 4
    8. Re:having read the claims... by clampolo · · Score: 1

      So the best thing is to not give asshats ways to loot billions of dollars from society in general. I haven't read up to see if this is a real patent or an ambush (patent some easy idea- let it become popular by hiding the patent- then ambush). It sounds like an ambush tho.
      You make a valid point about stupid patents. I'm sure every engineer has seen patents that got them to roar with laughter at how obvious they are. But the fix isn't to have bribed senators use eminent domain and billion$ of tax dollars to swipe a company's property. The fix is to get the patent office to stop being so liberal in the granting of patents.
      I doubt that what they are doing is even constitutional. The Constitution sets up clear property rights on patents. There is no escape clause anywhere in it that allows the Congress to pass laws nullifying a patent.
    9. Re:having read the claims... by Agronomist+Cowherd · · Score: 1

      Electronic Funds Transfer (at the) Point Of Sale.

      I'm guessing....

      --
      -DwS
    10. Re:having read the claims... by evought · · Score: 1

      I agree. But why send back the cheques at all? We haven't done that in Australia for years. But then we're mostly eftpos for everything above a newspaper purchase so we're not quite so addicted to posting paper. Most money travels via SWIFT, about three trillion per year. I have no idea what an "eftpo" is, but the scanned checks are used for fraud detection if there is anything else funny about the transaction. Does the signature match? Does the check itself match the other checks received on this account? The problem with not sending the paper is you cannot check a watermark on a scanned check. You can tell from a paper check that it is just a cheap laser-printer fake or that the amount was touched up with a different pen after it was written. There are people here who are bitten by check fraud and the banks, who only have a "substitute check" cannot investigate it. Legally here, checks are different from credit card transactions. With a credit card, you can deny transactions and someone has to prove that you made it. With a check, writing a bad check is criminal, and you are generally presumed to have written a check unless there is a strong indication that you did not.
    11. Re:having read the claims... by Cederic · · Score: 1


      electronic funds transfer at point of sale

      (i think. sod knows where i dragged that one up from)

    12. Re:having read the claims... by WNight · · Score: 1

      Only if you deal with that company. If a consortium of banks paid the fee I could deal with them, or with a bank that had not and was either adopting new technology, fighting the patent, etc.

      If we're taxed, we feel the burn regardless.

      As for patents, they are *all* bad. Some are more abusive than others, but even the most inventive patent is still a government granted monopoly that disallows independent creation. (Unlike copyright.) There are arguments that many fields require this, but fuck them. Nobody has ever come to me and asked if it'd be easier to start a business if they disallowed my competition, nor would I ask. It's sick that we grant this to anyone.

      Capitalist countries don't have patents. Period.

    13. Re:having read the claims... by Nefarious+Wheel · · Score: 1

      Electronic Funds Transfer (at the) Point Of Sale. I'm guessing....

      You win. In Australia "eftpos" has become a sort of common noun/verb (and possibly the only non-"ing" gerund I've ever encountered). There's an "eftpos" logo affixed to most store windows and cash registers along with logos of the credit & debit cards accepted. Because of this familiarity, the term has gone from obscure acronym to something pronounced and in general usage, awkward as it is. Good old Ingenico pin-pads, choose account and enter your PIN number. Cheque usage is very rare and infrequent here now, there's no way to spend funds you don't have in your cheque account since it's basically a hand-held ATM next to a cash register. It's also less of a hassle to get cash-out over and above the purchase price because the stores prefer to have the money in the bank rather than in the till.

      A side effect is a rather huge capability in OLTP locally -- that's a lot of database transactions.

      --
      Do not mock my vision of impractical footwear
    14. Re:having read the claims... by cayenne8 · · Score: 1
      Ok..sounds like the Visa check cards or debit cards over here in the US. It says Visa on it, but, it is directly attached to your checking account....and you swipe it and put your PIN in.

      I've refused those..they usually double as your ATM card....but, I don't want one. If stolen, and someone uses it...the cash is gone out of your account...till you can prove it wasn't you....unlike a real credit card where if stolen and you report it...you're only liable for like $50 tops...

      I generally pay my bills (utility, etc) online, but, I try to use real cash for most every day transactions. I finally got 100% out of credit card debt...and am not gonna do that every again, so I try be cash only for the most part. I take out $200-$300 a week, and that usually lasts me.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    15. Re:having read the claims... by Nefarious+Wheel · · Score: 1
      Here the cc account is different from the cheque account, despite having the same number. PIN is required for cheque account transactions, not cc. Credit accounts are subject to the normal credit card controls (i.e. max liability on theft) and they can't be used against your cheque account without the PIN being entered. Several attempts at a wrong PIN will get your account locked, and if at an ATM it will result in the card being swallowed too. So I think it's fairly safe as long as you use a non-trivial PIN.

      My PIN number is 1234, which nobody will ever guess due to a bit of verrra clever persycholology~.

      --
      Do not mock my vision of impractical footwear
    16. Re:having read the claims... by electrictroy · · Score: 1

      In the States we have many methods of payment:
      - cash (obviously)
      - check (which is paper, but handled electronically)
      - check card (pulls money direct from the bank)
      - credit card (you don't pay now; you pay later on your monthly bill)

      The check card and credit cards usually look identical, even though they operate differently. I personally don't use a check card because I'm afraid someone might steal it & empty my bank account. I prefer credit which I can always refuse to pay. (Example: Someone 3000 miles away stole my credit card number, bought $3000 at Walmart/$1000 at Sears, and I refused to pay it since I was obviously not on the west coast.)

      Checks:

      We still use paper, but once the paper arrives at the bank it gets scanned into a machine & from that point on, it's electronic. Money gets transfered over the wires. The paper check eventually makes its way back to the customer, and acts as a "receipt" to prove that you paid your Electric or Phone bill.

      --
      The government is not your daddy. Its purpose is not to raid middle-class neighbors' wallets and give it to you.
    17. Re:having read the claims... by Nefarious+Wheel · · Score: 1
      The system I heard about that runs in Hong Kong sounds like it could be better than either the US or Australian system (and I'm a big fan of the Australian system). You get a smart card that you recharge from an ATM-like kiosk (they're everywhere) and use it for pretty much everything as a swipe card, until the balance recorded in the card is depleted.

      There's an interesting local variation that dedicates a small sum near depletion that can only be used for public transport. So, you can charge up, get too drunk to use the recharge kiosk, and still get home without becoming road kill. May not be entirely applicable in a larger country, but it's still interesting and a good solution for the HK locals.

      Having the cancelled cheque for a receipt would be nice, but I can't imagine how much that costs to process and post back, and that would have to come out of bank fees I'd think.

      --
      Do not mock my vision of impractical footwear
    18. Re:having read the claims... by JimFive · · Score: 1

      Not exactly. With EftPos, you give the vendor a check and they run it through a scanner that immediately processes the check for the amount of purchase. It's like writing a check that gets instantly cashed. Some vendors can print the amount on the check for you as part of the scanning bit. -- JimFive

      --
      Please stop using the word theory when you mean hypothesis.
  53. Bank Patent #3 by Anonymous Coward · · Score: 0

    Loan people $9 for every $1 you actually have!

    I'm really not kidding. This practice is pretty friggin' scary (to me at least!) once you even begin to understand it. There is a nice animated documentary below ("Money as Debt") that walks you through the basic concepts (which I actually found thanks to another /. member's sig!).

    1 of 5
    2 of 5
    3 of 5
    4 of 5
    5 of 5

    Also, sidenote: I don't see how the current mortgage crisis is such a bad thing, since all these banks have "lost" potentially a trillion dollars.. but really, they didn't LOSE anything.. if i understand correctly, they created LOANS using fractional lending; meaning they invented a trillion dollars of debt to them (by printing a trillion dollars worth of loan checks, or depositing a trillion dollars worth of 1s and 0s into bank accounts). So, if i understand correctly, they haven't LOST a trillion dollars, so much as they won't be PAID a trillion dollars-- but the reciprocal part of the loan (the "money" they loan) was invented. Someone with an econ degree plz explain to me haha.. kthxbye.

    1. Re:Bank Patent #3 by Copid · · Score: 5, Informative

      So, if i understand correctly, they haven't LOST a trillion dollars, so much as they won't be PAID a trillion dollars-- but the reciprocal part of the loan (the "money" they loan) was invented. Someone with an econ degree plz explain to me haha..
      Not exactly. Let's take a look at this and pretend that there's only one big bank to keep things simple: you. You get $10. Some nice guy comes out and borrows $10 from you. He spends it at 10 different retailers, each of whom deposits a dollar with one of your branches. You've traded $10 in money for $10 in assets (the debt the first guy owes you), and now you have an "additional" $10 that has been put back in your bank. Absent any regulation, you can loan that $10 out again. The problem, of course, is that you won't have that money to give to your depositors if they come and ask for it, and additionally, it also has the minor side effect of allowing you to create an infinite amount of money. Not good.

      In come the regulators. They say, "You can loan the money back out, but you have to keep 10% of it on hand." So you get your $10 in deposits and loan out $9 to another person. He spends the $9 and it trickles back to you. Of that $9, you can loan out another $8.10. Eventually, you asymptotically approach zero dollars loaned out (and you've loaned out $100 for your original 10). At the end of it all, you have a balance sheet that looks like this:

      Assets: $100 (Loans: People owe you $100, so that's an asset.)
      Liabilities: $90 (Savings accounts: *You* owe your depositors $100, which they could choose to withdraw at any time.)
      Equity: $10 (You're holding $10 in a drawer somewhere.)

      Here's where your thought experiment goes wrong: Let's say people decide not to pay $50 worth of loans back to you. Where are you now?

      Assets: $50 (Loans: People owe you $100, but you'll only ever see $50 of it.)
      Liabilities: $90 (Savings accounts: *You* owe your depositors $100, which they could choose to withdraw at any time.)
      Equity: $-40 (You're in some serious shit if people decide to pull their money out. Your business is worthless now.)

      In the real world, odds are good that your depositors aren't going to eat it because the government will bail them out, but you can bet that you're going to get shut down. You see, the banks didn't "create" the money so much as they borrowed it. Even if borrowers don't pay back their debt to the banks, you can bet that demand deposit account holders are going to want the banks to pay them back. This is why the banking industry is regulated. It's a huge leverage machine. There's nothing wrong with that in general, but it's inherently risky. That's why there's all manner of risk pooling and rules about what banks can and can't do with the money they control.

      The real world, obviously, is more complicated, but this is a rough illustration of the money multiplier effect. In the US, normal banks don't "create" money as much as they multiply it. For every $1 that the Fed creates, banks multiply the effect in the real economy. It's not any sort of a trick. It's just how the system works.
      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    2. Re:Bank Patent #3 by Selivanow · · Score: 1

      CmdrTaco's Law: You will never have mod points when someone posts something intelligent, only when morons post something stupid.

      So, if I had the mod points I had 2-3 days ago you would have one :)

      --
      -- ...trying to make digital files uncopyable is like trying to make water not wet. -Bruce Schneier
    3. Re:Bank Patent #3 by hardburn · · Score: 1

      Why is it that whenever someone mentions "banks" on Slashdot, the gold bugs start coming out?

      Fait currency actually works pretty well as long as everyone just agrees that it works.

      --
      Not a typewriter
    4. Re:Bank Patent #3 by Alex+Belits · · Score: 1

      A lot of things "work well" as long as everyone agrees that they work well.

      Until people start believing that those things are real, and try to maximize their benefit because heck, if it works it must be real, and if you can make it out of thin air, it's ok to make an unlimited amount.

      In reality for fiat currency to work banks should be under control so tight, they would have to be nonprofits, and being an executive of a bank would be a very hard job that pays large salary but with no actual power or wealth and huge amount of following massive shitloads of rules. What is not in itself bad, but this is not how US financial system works.

      --
      Contrary to the popular belief, there indeed is no God.
    5. Re:Bank Patent #3 by Copid · · Score: 4, Informative

      I'm going to be classy and reply to myself here... I was fixated enough on the grandparent's common misunderstanding of how money multiplication works that I forgot to address a more fundamental point: My example above doesn't really illustrated what happened with the mortgage crisis accurately. It's an illustration of what happens to banks when people don't pay back the "fake" money that they loaned out.

      In the case above, the bank got shut down and the FDIC member banks lost out because they had to cover the demand deposits for a failed bank. In the case of the mortgage crisis, the loans weren't paying back into savings accounts. The debt was owned by investors all over the place (check your 401k). Anybody who bought a mortgage backed security lost some value on this one, and there's no FDIC to step in to pay you back. The issue here is the same, though: Somebody paid some money to buy some debt and then the debt became worthless. In the first example, the bank and the bank's insurer got screwed. In the second case, some insurers got screwed along with anybody holding the debt. No matter how you slice it, this mortgage crisis thing is going to hurt a lot of people. It does, however, have the nice side effect of me being able to afford a house and say "I told you so" to people who advised me to buy one when the market was clearly dangerously screwed up. I just feel like a bad guy for enjoying it so much.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    6. Re:Bank Patent #3 by zIRtrON · · Score: 0

      In the first case, the bank and the bank's insurer, the bank's superannuation fund got screwed.
      In the second case, some banks superannuation funds got screwed as well.

      Superannuation is as twisted a system as the banking system.

    7. Re:Bank Patent #3 by Colin+Smith · · Score: 1

      It's a huge leverage machine. There's nothing wrong with that in general Yeah... That's what a guy called Ponzi thought too.

      In the US, normal banks don't "create" money as much as they multiply it. And for the rest of us, the act of multiplication is simply the repeated act of addition... Credit is as much money as dollar bills are. Banks "create" and destroy money on massive scales.
      --
      Deleted
    8. Re:Bank Patent #3 by MacDork · · Score: 1

      It's not any sort of a trick. It's just how the system works.

      It isn't so much a trick in a magic sense as it is in being duped. What you've described is basically a Ponzi scheme. Sure, there's a difference. In the banking system, your deposits are FDIC insured. There will be no depression era "run on the bank" because the government is happy to print lots of little green IOUs for anyone who wants them. The problem will be that there are so many little green IOUs floating around, a can of Coke will cost you 50 of them. So technically, you weren't robbed. Your medium simply became worthless thanks to massive inflation.

      Fractional reserve lending also has the added "Sold my soul to the government store" effect, since borrowers end up owing more money than the actual amount of money in existence.

    9. Re:Bank Patent #3 by Anonymous Coward · · Score: 0

      This is a great explanation but it fails account for collateral. What happens to the real property that the bank owns when the default occurs? Not paying the money back has real negative consequences for the borrower's property and wages.

    10. Re:Bank Patent #3 by Copid · · Score: 1

      And for the rest of us, the act of multiplication is simply the repeated act of addition... Credit is as much money as dollar bills are. Banks "create" and destroy money on massive scales.
      The point is that the multiplication effect is bounded and well understood. You won't find Ben Bernanke saying, "Hey! Wait a minute! I only wanted to add a dollar to the economy and the banks went and made it ten!" It's part of the known mechanism for controlling the amount of credit available in the economy. My complaint is with people who phrase the explanation in such a way as to imply that the whole system is run by a cabal of lenders who reap huge profits by printing worthless money without limit. The reality is that the supply is controlled by a central authority with no profit incentive to create too much money, and that central authority knows beforehand what the multiplication effect is likely to be.
      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    11. Re:Bank Patent #3 by Copid · · Score: 1

      This is a great explanation but it fails account for collateral. What happens to the real property that the bank owns when the default occurs? Not paying the money back has real negative consequences for the borrower's property and wages.
      Accounting for collateral, the bank is likely to get back some portion of the bad debt, but things get nasty when the market value of the collateral for many loans is correlated as in the case of the mortgage crisis. Banks can foreclose and sell houses, but in the process, they're increasing the market supply and driving down the price. In a case like that, a lot of defaults at once results in the collateral turning out to be worth a lot less than the bank originally thought it was.

      The situation gets even more interesting as in certain states, if you owe more than your house is worth, the bank can't go after you for the difference. That makes defaulting on your loan a very rational decision in many cases, even if you can afford to pay it. That's a recipe for some really ugly results.

      Anyway, to account for collateral just add some houses to the assets part of the equation, but value them at less than the overall value of the loans. You still end up with low (or negative) owner's equity and an undercapitalized lender.
      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
  54. I think Dr. Evil got it right this time by JoeCommodore · · Score: 2, Funny

    "I'll patent a technology employing 'computers' to 'scan' checks, thereby holding the whole banking industry hostage... for ONE MILLION DOLLARS!"

    Number 2, "uh, one Billion, sir."

    "Thanks, Number Two.... ahem... for ONE BILLION DOLLARS!"

    --
    "Enjoy what you're doing! If it becomes drudgery, you're doing it wrong!" - Jim Butterfield
  55. SMELLS LIKE A SETUP by Jane+Q.+Public · · Score: 1

    So, let's see... a patent troll company (they have to be... there was prior art and there seems to be little question about the "obviousness") gets a patent on a lucrative process somehow -- apparently against the normal rules of the PTO -- and a short while later some Senator from a nearby state offers a billion dollar buyout?

    Yeah right. It's all coincidence. Sure it is. Must be. Uh-huh.

  56. Re:What the heck is wrong with Alaska? by Anonymous Coward · · Score: 0

    See, if you had seen that CNN clip of Mike Huckabee campaigning in Alabama joking that his wife was campaigning in Alaska due to getting lost from confusing the AK and AL postal codes, you would have known that.

    It's okay, though. Nobody laughed. His wife didn't die face-down in the snow as was implied, either.

  57. I don't get it. by ACMENEWSLLC · · Score: 2, Interesting

    There must be something special about the check 21 aspect of this. We have been scanning and indexing checks in an imaging system and mentioned in the patents, since 1991. We've used ASCII and EBCDIC, Optical Jukeboxes, etc as described by the patent. Some of the checks use overlays so we can save disk space by storing the ASCII text separate from the check image. All of this since 1991.

    So what is so special about the Check 21 (check truncation) that warrants a patent?

  58. Political-Poops while Public-scoops and scoot by OldHawk777 · · Score: 1

    Another Session of blind-dogmatists leading clueless-idolaters to super-secret wisdom.

    Political-Poops while Public-scoops and scoot as the masters of US toot on root-flutes for loot.

    The above line is jaundiced entertainment as in no longer news worthy, but still a valued joke ....

    In the USA/EU (... from Vatican to Moscow/Peking ...) it is a daily fact we accept as Shakespearian sick-comedy or a Euripides tragedy of hubris and profligacy that gods/rulers are less-than mere mortals and far less-than heroic warriors. Our gods/rulers are cruel, petty, spiteful, meaningless and silly, why meaningless and silly, because Citizens do not consider them to be a threat, boon, or any historical/personal value (no WWIII or GME yet). The meaningless and silly gods/rulers are out in Neverland ... the new pseudo-Olympia/Asgard for the vain, vapid, vacant cult-vultures of spin-values, faux-truths, easy-honors .... My commentary on the pitiful majority of evil plutocrat dogma cults seeking and selecting the best to rule slaves, but never to serve humanity.

    A Geia GME Zeitgeist, "Global Mass Extinction" is just a crash and reboot. In this analogy humanity is like Microsoft Windows/Vista. I sure Geia will remove the *problem and install GNU-Linux or BSD.

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  59. Don't the people control the government? by EmbeddedJanitor · · Score: 1
    To stop the runaway borrowing requires that the voters be prepared to tighten their belts and vote in politicains with tighter controls. Of course that will be painful for a nation that loves to spend **now**.

    Debt-backed money is still money. What is difference is that there is no corresponding creation of value which leads to inflation. The impact of inflation can be pushed out by further debt, but eventually it must bite. Basically this means spending now and leaving future generations with the bills.

    --
    Engineering is the art of compromise.
  60. So here we go... by Pooldraft · · Score: 1

    So now the banks have decided that patents only hinder human progress (at least in the industry that rapes people of there money), so hopefully now the full extent of patent bondage can be realized by a large majority. But who the f*** are we kidding the only reason this is going to fly for banks is because they have a hell of a lot of power in the US political(aka fight for domination) structure. Drug patents, Water purification or desalinization patents, Medical device patents, and a whole lot more are really just a why to slow down progress of humanity so that money can be sucked out of a populace. Wait extraction of wealth is the whole idea behind the structure of capitalism, were f***ed!

  61. Try a little history by baomike · · Score: 1

    I would recommend a little reading about the period 1929 thru 1940.
    See if it sounds like fun.

    1. Re:Try a little history by ashridah · · Score: 1

      Yes. the great depression. A direct result of loans drying up, and debt coming to collect. Our current system only works because the banks dish out credit, and the government lets them.

  62. Win-Win by istartedi · · Score: 1

    Suits get to uphold two abuse-prone causes for action in one fell swoop. Well done, ol' pal, well done. See you at Davos.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  63. As usual the Bush administration is the problem by Tough+Love · · Score: 1

    The Commerce Department has objected to the amendment, including in a letter last week to Sen. Patrick J. Leahy (D-Vt.), the Judiciary Committee chairman. "Limiting patent holders' rights and remedies in this instance could reduce innovation in this technology area," wrote Assistant Secretary Nathaniel F. Wienecke. "The Administration does not support exceptions to patent protection based on a particular technology."

    This just continues a pattern we have come to expect from the Bush administration. Needless to say, a costly pattern for US society, except for a select few who have befriended Bush's inner circle.

    --
    When all you have is a hammer, every problem starts to look like a thumb.
    1. Re:As usual the Bush administration is the problem by Anonymous Coward · · Score: 0

      Numb nuts...Unless you have a hidden agenda, Bush just saved you (the taxpayer) a billion dollars!

  64. A clean way to get rid of patent troll altogether by soccer_Dude88888 · · Score: 0

    Congress must pass legislature to allow the federal government to revoke patents or "eminent domain" patents for free (as in free beer) if the enforcement of patent deems a threat to national security, as in this case.

  65. You must be new here (or very old) by Kaseijin · · Score: 3, Insightful

    Congress doesn't even have the authority to do this...There is nothing in that statement about congress purchasing someone's rights. One could make a somewhat principled argument that treating patents as property is "necessary and proper" to exercise the enumerated power. But who needs principles? Under Wickard v. Filburn, Congress can do pretty much whatever they want in the name of interstate commerce. Even before that, Frothingham v. Mellon gave Congress license to spend for any purpose not specifically forbidden by the Constitution--naturally, the Ninth and Tenth Amendments don't count.
    1. Re:You must be new here (or very old) by evanbd · · Score: 1

      Given that this is specifically about long-distance transfer of money, it would seem that the interstate commerce clause applies much more readily than it normally does. Not that I support this bill, it just seems to me it's merely idiotic, and not unconstitutional.

    2. Re:You must be new here (or very old) by jedidiah · · Score: 1

      There is also the issue of what the "fair market value" for this
      thing is assuming you view is as legit. I really can't see this
      patent being worth 1 billion dollars. That's a hell of a lot of
      money for something like this. Why is this representative giving
      such a huge bonanza to these people?

      --
      A Pirate and a Puritan look the same on a balance sheet.
  66. So they own alot? by insomniac8400 · · Score: 1

    I assume for a patent on scanning and reading info off checks, one would own the patent for the scanner and for OCR technology. Otherwise, who the hell gives someone a patent based on putting two completely related technologies together.

  67. Typical by SleepyHappyDoc · · Score: 1

    Patent trolls attack open source, no problem. Patent trolls attack banks, SHIT!! PASS A LAW!

    --
    Stasis is death. Embrace change.
  68. In the end, it doesn't matter by Anonymous Coward · · Score: 0

    If the banks have to pay, then the cost will be passed down to consumers.

  69. The actual patent by Anonymous Coward · · Score: 0

    I actually looked up the actual patent and did a very brief skimming over it

    http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&co1=AND&d=PTXT&s1=DataTreasury&OS=DataTreasury&RS=DataTreasury

    Now IANAL but it seems like the patent is either incredibly overarching or limited solely to their products. Im more leaning their specific products because a lot of the systems described sound alot like things already done with atms. From what i read he basically patented an atm'esque check processing. Banks probably could already do that kind of thing long before his patent but weren't legally allowed and thusly probably figured whats the point of patenting something illegal.

  70. So the question on my mind is... by CFBMoo1 · · Score: 1

    ... Where do they want me to mail that rebate check they're sending me to pay for this damn thing?

    One of these days I'm going to visit Washington again. When I get to Washington I'll walk over to where the government does its business and the only thing I'd find there is a deep pit where all the money went. And a large sucking sound will draw me in and I'll never see my friends or family again because of the black hole thats government spending.

    Don't tell me it's a drop in the bucket either. All these little drops can add up to a big splash eventually.

    --
    ~~ Behold the flying cow with a rail gun! ~~
  71. Say that again... by perrin · · Score: 1

    You still use what to pay with? If I went to any store here in northern Europe and handed the cashier a check, that person would look at me as if I were some neanderthal, and probably refuse it outright. Actually I have no idea if any store around here would accept a check anymore, and it has been more than ten years since I last saw a check.

    For all its modern technology and massive research budgets, the US of A is really backwards in some areas, and especially in banking and mobile phones.

  72. Surely it's an opportunity? by Anonymous Coward · · Score: 0

    For the US to get over its ridiculous fetish with the "check"?

    Has always pissed me off, what place do they really have these days?

  73. Phase out checks by Anonymous Coward · · Score: 0

    Germany phased out checks about 5 years ago. Reduced fraud, and increased security.

    Give them the patent for 1c per check, and phase out checks as fast as you can.

  74. The bill is sponsored by Sen. Jeff Sessions (R-AL) by Anonymous Coward · · Score: 0

    Fuck you and your silly propaganda, dumbocrap!

  75. Made me think, but no. by marcosdumay · · Score: 1

    "Banks do not need 'money on hand' to create a loan."

    Oh yes, they do. Have a look into the regulations, it is explicit there.

    "For that matter, if you lower the price of milk by producing more of it, then all milk producers earn less, overall. Less is available to pay their workers, and thus, the milk industry loses in proportion to the amount of milk produced. Thus, the system creates no new value at all."

    Wrong again, there is more milk. If the society doesn't want that extra milk, for any price, it will add no extra value. If society wants the extra milk, the sum of money paid to the milk producers will increase, just not linearly.

    "But in a system founded on debt, the interest represents an amount that cannot exist."

    At some time the bank (or its owner) will want some kind of real good. When that happens, the bank will create debit within itself and give it to you. That is the debit you'll use to pay the interest on your loan.

    1. Re:Made me think, but no. by ashridah · · Score: 1

      "Banks do not need 'money on hand' to create a loan."

      Oh yes, they do. Have a look into the regulations, it is explicit there.


      Well, on the face of it, correct. They need money, but that money has to be created in increasing amounts from debt. What, in essence, they need, is *more debt*, not *more money*.

      That basically means they need to get people to use their credit car more often. Buy a bigger house. Get a new car. Go on that fantastic holiday in the pacific, which requires them to take out a second credit card.

      The notion of increasing available product only works to a point. At some point, the market simply cannot consume all the milk that is produced, and it is not a product that stores well (ie, it rapidly loses value, unless heavily processed (eg UHT milk)) That's market economics, and an entirely different subject.

      At some time the bank (or its owner) will want some kind of real good. When that happens, the bank will create debit within itself and give it to you. That is the debit you'll use to pay the interest on your loan.
      You quite possibly mistake the word 'debt' for 'debit', but no matter. Creating debt can only be backed by other, existing, debt. The amount of actual money, created by the government, in existence, is remarkably small. The problem is, if you have to create debt to pay off debt, and each debt you create adds the overhead of interest, then the debt has no way of shrinking, except by foreclosing on the debt, at which point the person indebted to the bank loses, and the bank will probably start taking their possessions.

      If we're all in debt, and suddenly the debt stops, who's going to end up owning everything? The bankers. Why are we letting ourselves get into this position, it seems fundamentally flawed.

    2. Re:Made me think, but no. by marcosdumay · · Score: 1

      "They need money, but that money has to be created in increasing amounts from debt. What, in essence, they need, is *more debt*, not *more money*."

      No, the banking system can create only a finite amount of debt for each piece of (paper) money the government creates. It can't create debt backed only by debt because the regulations don't permit that. Also it is the government that says how much debt can be created this way.

      "Creating debt can only be backed by other, existing, debt."

      Again, there must be some amount of (paper) money backing all debt created by banks, that is by law. By the way, sorry, I did mistake debt by "debit", English is not my first language, and "debt" is too similar to portuguese "debito".

      "The problem is, if you have to create debt to pay off debt, and each debt you create adds the overhead of interest, then the debt has no way of shrinking, except by foreclosing on the debt, at which point the person indebted to the bank loses, and the bank will probably start taking their possessions."

      As I said, at some time the banks must create debt within themselves and give it to the real economy, otherwise, they'd be unable to buy anything. That new debt can be used to pay the old debt that the real economy has with the banks. Of course, the banks get more at the end than they had at the beginning, but they don't own the entire economy.

      "If we're all in debt, and suddenly the debt stops, who's going to end up owning everything?"

      Your concern here should be "If we are all in debt, and banks sudenly don't want anything that we produce anymore." If so the banks would own everything. If banks still want something you produce, they won't stop making debt, and they'll be the debitors of it.

  76. Typical of the conservative's Corporate Welfare by Anonymous Coward · · Score: 0

    Of the corporation, by the corporation, for the corporation.

    That's the mission statement of every conservative in office today, and especially the "fiscal conservatives". Brought to you by the same people fighting against national healthcare, public education, and at the same time gleefully proclaiming how "deficits dont matter!!!".

    "Mistakes were made", "Lessons were learned", etc etc etc.

    1. Re:Typical of the conservative's Corporate Welfare by Ded+Bob · · Score: 2, Insightful

      I am sorry, but this is NOT an example of conservatism. This is assuming someone has not defined a new type of conservatism to explain it, which happens too often. Spending lots of money on stupid ideas is not a conservative value.

      Unfortunately, it does seem a lot of "fiscal conservatives" have stolen the title from the real fiscal conservatives. Too bad that truth in advertising is outlawed in politics. ;)

  77. No True Scottsman Fallacy by spun · · Score: 1, Offtopic

    This is an example of the No true Scottsman fallacy, a type of equivocation and begging the question. Someone says, "Conservatives do such and so," and the defenders of conservatism retort with, "Well, no true conservative would do that! They aren't conservatives!" Sorry, no. This is what conservatives do. You don't get to redefine conservatism as, "That part of conservatism I happen to agree with." Liberals do a hell of a lot of things I don't agree with, but I try not to say things like "Hillary and Obama are no true liberals." Sadly, this is what liberalism and conservatism have come to. Maybe we need to drop political labels altogether and look at what candidates actually stand for.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    1. Re:No True Scottsman Fallacy by enjerth · · Score: 1

      This is an example of the No true Scottsman fallacy Not so. If someone calls themselves a Scotsman, but they are really not, is it a fallacy to say they are not a true Scotsman?

      Unless the words have been redefined, someone who conserves is a conservative. If their spending habits are liberal, then they are not fiscally conservative.

      It's pretty rudimentary, if-the-shoe-fits-then-wear-it kind of stuff. To deny that is to deny the fact that words have certain meanings that are not reassignable is to reduce language to confusion and utter nonsense.
    2. Re:No True Scottsman Fallacy by spun · · Score: 1

      When the majority of a group behave in a certain way, then the group's definition should be based on the way they actually behave, not the way certain people wished they behaved. The majority of conservatives today do not behave in a fiscally conservative manner. Therefore, if one wishes to speak of the way today's conservatives should behave, or the way conservatives of days past behaved, one should use the phrase fiscal conservative. Language and meaning change to reflect the realities of the present moment. Sorry. And I mean that sincerely, and for all of us. We could use more fiscal conservatives, as the choice nowadays seems to be between tax-and-spend, and borrow-and-spend. I'll go with tax-and-spend, because it seems more honest, and to be frank, more fiscally conservative.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    3. Re:No True Scottsman Fallacy by electrictroy · · Score: 0

      >>>"When the majority of a group behave in a certain way, then the group's definition should be based on the way they actually behave, not the way certain people wished they behaved."

      So.

      Does this mean I can start calling liberals "national socialists" (or just fascists for short). From what I've observed the liberals TALK about freedom, liberty, et cetera, but they ACT like Mussolini - trying to tell us what to drive (hybrids), how to eat (healthy; no mcdonalds), and what to believe (the great global warming bible).

      As you said: "the group's definition should be based on the way they actually behave".

      They behave like national socialists.

      (ducking and running)

      --
      The government is not your daddy. Its purpose is not to raid middle-class neighbors' wallets and give it to you.
    4. Re:No True Scottsman Fallacy by electrictroy · · Score: 0

      P.S.

      MOST conservatives are a lot like Thomas Jefferson. (Ironically, he founded the Democratic Party which seems to act opposite of what jefferson stood for.) Also Andrew Jackson. These men supported minimal government and non-interference w/ day-to-day activities.

      Well, at least that's what *I* stand for. I don't know about other conservatives, but I believe in freedom. I believe in same-sex marriage if that's your thing, school choice so you don't have to go to the run-down government school that fails to teach, legalized marijuana if you feel you need that crutch. And more importantly: Only turning to the government when you NEED the help (not because you're too lazy to get off the sofa). Welfare, Medicare, Social Security should be *safety nets* for the downtrodden, not automatic entitlements for people with $100,000 bank accounts (let them pay their own bills).

      These are the values a true conservative holds... basically what our Founding Fathers believed, and what Thomas Jefferson's Democratic Party *used* to believe before they turned Fa... er, Progressive.

      (stepping off soap box)

      --
      The government is not your daddy. Its purpose is not to raid middle-class neighbors' wallets and give it to you.
    5. Re:No True Scottsman Fallacy by Grishnakh · · Score: 2, Insightful

      Wrong.

      If a bunch of people calling themselves Scotsmen behaved a certain way, would you say that Scotsmen generally behave that way? No, not if they're not true Scotsmen. How do you determine if they're true Scotsmen or not? That's simple: where were they born? What country are they citizens of? These facts are easily checked. I, an American, could call myself a Scotsman, but it wouldn't make me one, since I have no known ancestral ties to Scotland, don't live there, and have never even been there. I'd just be a liar if I claimed myself to be a Scotsman.

      The same goes for someone calling themselves "fiscally conservative". The words have a well-known meaning: that that person is careful with spending money. It's what "fiscally conservative" means, regardless of context. It doesn't even have to have a political context. A private person who is "fiscally conservative" with his own money tends to not spend too much of it. The same meaning scales up to the national level.

      So someone who binges on deficit spending is not "fiscally conservative", no matter how much they may try to claim that title, just like a private individual who maxes out all his credit cards is also not "fiscally conservative".

      The "no true Scotsman" argument only makes sense for groups of people who use arbitrary terms to identify their groups, rather than specific words which have a meaning outside of that group. If a group of people calling themselves, say, "Masons", tended to exhibit a certain behavior, then yes, you could generalize that to all Masons, even if a few Masons try to claim that they're not "true Masons", or "Masons 100 years ago didn't behave that way", etc. Same goes for religious groups: if most Christians exhibit a certain behavior, it's valid to say "Christians do xxxxx", even though a few may complain that all those others aren't "true Christians". We see this argument a LOT here on Slashdot.

      This is exactly why the term "neocon" was made up, because today's "conservatives" don't act conservative with money at all.

    6. Re:No True Scottsman Fallacy by spun · · Score: 1, Offtopic

      Telling someone what you'd like them to do is different than forcing them to do something against their will. We both know there's no comparison. You've taken my at least semi-reasonable statement that very few modern conservatives act in a fiscally responsible manner, and trumped it with a Nazi card. All you've done is show that you have no rebuttal except to appeal to irrational emotions. Thanks for making it that much harder for liberals and conservatives to come together to fix what's wrong with our country.

      You, sir, are a gentleman and a scholar who obviously has the country's best interests at heart, and in no way treats politics as if it were a competition between sports teams where the only important facet is wining and rubbing your opponent's nose in that fact. Well done!

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    7. Re:No True Scottsman Fallacy by spun · · Score: 1

      Bravo! If all conservatives thought like you, I would have no issues with you folks. I hope people like you manage to take back your party from the bandits and thugs who've taken it over. I'll be over here trying to take back my party from the authoritarian nannies.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    8. Re:No True Scottsman Fallacy by spun · · Score: 1

      I've got no beef with the use of the phrase 'fiscally conservative.' We all know what it means, and quite frankly, I like you guys. Don't always agree that your policies are the best, but I know you've got the country's best interest at heart, and if you manage to take power, I'm not going to be worried the country will go to hell in a hand-basket. It's the use of the word, "Conservative," by itself with no modifiers that I have a problem with. It's come to mean something very different than it used to. I think we both know that it generally means socially authoritarian borrow-and-spend.

      That's the breadth of our choice nowadays, isn't it? Socially authoritarian (one way or another) and either borrow-and-spend or tax-and-spend.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    9. Re:No True Scottsman Fallacy by electrictroy · · Score: 0

      >>>"Telling someone what you'd like them to do is different than forcing them to do something against their will."

      Except that a lot of liberals HAVE tried to force us to do things against our will. Like trying to outlaw diesel-fueled cars (fortunately Mercedes and Volkswagen fought back), or banning McDonalds hamburgers (because they have transfat), and so on. I could fill an entire radio show (like Rush Limbaugh) with examples of liberals not just telling us how to live, but also trying to force us into their ideal of a perfect human being (i.e. building "super" men).

      As for my party:

      I hope someday to get them back to supporting small government as they did in the 80s/90s. With people like Ron Paul there's hope, but alas he's only getting 4-8% of the primary vote.

      --
      The government is not your daddy. Its purpose is not to raid middle-class neighbors' wallets and give it to you.
    10. Re:No True Scottsman Fallacy by spun · · Score: 1, Offtopic

      Pollution impacts everyone. By saying, "I have the right to drive whatever I like, no matter how much it pollutes," you are really saying, "I have the right to shit in your lungs and there's not a damned thing you can do about it." As for the McDonalds thing, if true, that's idiotic. People should take responsibility for what they put in their own bodies, and no one has the right to tell them what they can and can't do to themselves.

      But I've noticed something. Both sides tend to exaggerate and take out of context what the other side does. If you have some references for either of those things, I'll be happy to believe you, otherwise, I hope you understand I have to take it with a grain of salt. As for the 'trying to make us perfect human beings' thing, that is vague, completely unsourced, and another appeal to emotion. Not to mention, it applies at least as much to conservatives and their moralizing as it does to liberals.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    11. Re:No True Scottsman Fallacy by Grishnakh · · Score: 1

      I've got no beef with the use of the phrase 'fiscally conservative.' We all know what it means, and quite frankly, I like you guys. Don't always agree that your policies are the best, but I know you've got the country's best interest at heart, and if you manage to take power, I'm not going to be worried the country will go to hell in a hand-basket.

      Unfortunately, there's not very many true "fiscal conservatives" in any kind of position to take power in this country. There's only a handful in all of Congress that I know of, and it's looking like Ron Paul may lose his Congressional seat to a neocon.

      I'm a big Ron Paul supporter, but I don't even agree that all his positions are best. However, I believe that we need someone like that as President to get things repaired in the short term, because most of our politicians are on a drunken spending spree, and a fiscally conservative President could veto all that, plus put a quick stop to our military adventurism. However, it's looking pretty clear right now that the American people aren't really ready for a true change, since on the Republican side they've all but nominated McCain, who's pretty much a clone of Bush, and on the Democrat side we have two nearly identical candidates, neither of whom is really against the Iraq war or the rest of our ridiculously excessive spending.

      It's the use of the word, "Conservative," by itself with no modifiers that I have a problem with. It's come to mean something very different than it used to. I think we both know that it generally means socially authoritarian borrow-and-spend.

      Yep, the word "conservative" has definitely been co-opted by the neocons to mean something entirely different than it used to in decades past.

    12. Re:No True Scottsman Fallacy by spun · · Score: 1

      That's okay, the word 'liberal' used to mean someone who was for personal freedom, with maybe a hand-up from society if you really needed it. Not someone who wanted to tell you how to live your life, and who supports welfare for bureaucrats. I wish Hillary and Obama both didn't look so much like neo-cons themselves, or that Kucinich stood a chance.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    13. Re:No True Scottsman Fallacy by electrictroy · · Score: 1

      If I exaggerate what liberals do, it's only because I'm so frsutrated with them trying to run my life. The thing is: I'm not exaggerating... not intentionally. I'm simply reporting what they are doing.

      As for pollution, I agree we should run clean cars rather than fill peoples' lungs with carcinogens, but that's no excuse to ban Diesels outright (reference: California's CARB decisions circa 2005). As Mercedes, Volkswagen, and Ford demonstrated to CARB, it's possible to build a SULEV diesel (i.e. as clean as a hybrid), and therefore there's no reason to arbitrarily label "diesels=dirty" and ban them. ----- CARB relented and now we have ULEV and SULEV diesels running the highways, but if CARB had not relented, we'd now have no diesels in either California or the Northeast.

      And you're right.

      The attempt to ban McDonalds hamburgers was dumb. Just last night while watching CNN, I heard that liberals in California now want to apply a "sin tax" to fatty foods (just as was done with cigarettes). Then about half an hour later, CNN revealed a new California law that, if passed, would ban obese patients from receiving gov't-funded health payments.

      The liberals are good people; I like their goals but not their methods.
      They are really, really turning dictatorial.
      That's the antithesis of liberty, which is what this nation was founded to protect.

      --
      The government is not your daddy. Its purpose is not to raid middle-class neighbors' wallets and give it to you.
    14. Re:No True Scottsman Fallacy by spun · · Score: 1

      In the case of the diesels, the system worked as intended. A dumb law was proposed, it was shown to be bad, and so it wasn't passed. As for the sin tax, well, it is like cigarettes. As long as the state is the HMO of last resort (you can't be turned away from an emergency room, even if you can't pay), then it is fair for the state to tax those things that are going to lead to more costs for the state. Honestly, do YOU want to pay for the health care of someone who lives an unhealthy lifestyle? I don't. But the obesity law is just unfair. Not everyone who is obese is that way through any fault of their own.

      I agree that liberals have taken things too far in some regards, For instance, I was never a big Gore fan because of his & his wife's attempts at censorship. There has to be a happy medium between cradle to grave nanny statism and cold hearted, every man for himselfism.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    15. Re:No True Scottsman Fallacy by Jon+Kay · · Score: 1

      Whoopsie - I missed that you're way ahead of me on the obesity law. Sorry. Maybe I'll learn to read one of these days. But it's so hard! ;-)

  78. Re:A clean way to get rid of patent troll altogeth by shentino · · Score: 1

    They're sure to abuse that power somehow. Would you really want the feds "free beer eminent domaining" any patent they felt like? You seem to forget the domestic wiretapping program, so, with the current trend of noting almost anything as "a threat to national security", this "free beer eminent domaining" would amount to nothing more than defacto arbitrary seizure and forfeiture.

    Better to put some competent people in the USPTO and give all the asshats there the boot.

    I think you should have a PhD in engineering to work at the USPTO. It would probably help cut down the number of bad patents. And if bad patents cease (or at least slow down), then we won't have problems like this in the first place.

  79. TAXATION WITHOUT REPRESENTATION by Anonymous Coward · · Score: 0

    we're fucked

  80. trade secrets? by ProfBooty · · Score: 1

    Do you really want to live in a world where all new discoveries are held as trade secrets, where companies rip off one another's designs, and there is a race to the bottom? Who is going to spend money to invest in R&D, even in large companies, if someone can reverse engineer it and sell it cheaply not having to recoup the cost to initially develop the product?

    Sure it helps the consumer in the short term, but I think such a world would stagnate technological development, outside of the realm of tinkers and guilds.

    --
    Bring back the old version of slashdot.
  81. qwerty by Sithgunner · · Score: 1

    qwerty

  82. unhealthy lifestyles by Jon+Kay · · Score: 1

    Honestly, do YOU want to pay for the health care of someone who lives an unhealthy lifestyle?

    We don't even know if obesity IS unhealthy. So far all we have is correlation, which isn't enough to me to take state action. For example, an obesity tax will catch most athletes. How's that right?

    Martin Luther King apparently lived an unhealthy lifestyle, as he got shot for his behavior. So's being President and being in the Armed Forces. I'm happy to pay for all their healthcare.

    Like state-provided education, the state has extra responsibilities to support the freedom of its society.

    1. Re:unhealthy lifestyles by spun · · Score: 1

      Read what I wrote before replying, please. I spoke against the state not providing health care for the obese. I spoke in favor of taxing unhealthy consumption, such as fatty foods or cigarettes. Whoops, read your other reply (Emily Litella voice) Neeeeever mind...

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  83. Not as simple as it appears by WindShadow · · Score: 1

    After reading the news story on how this came about, I'm more upset with the idea of the bailout than the patent. The plaintif got a patent under the rules provided, showed it to people who might license it, and in spite of non-disclosure they just implemented the system. The patent was attacked on terms of prior art and revalidated.

    The original inventor has now lost 98% of his company, and while I think that the patent is obvious and that business method patents should run for only a short time (five years?) from first implementation, the inventor played by the rules, and is entitled to collect under them.
    Patent law should be changed, but one patent at a time isn't the way to do it.

    1. Re:Not as simple as it appears by nine-times · · Score: 1

      Well that's essentially what I'm saying. I didn't really read enough about this to know whether the patent holder was a patent troll or someone relatively legit, but it sounded like a pretty obvious patent that probably shouldn't have been granted.

      However, the big problem is the bailout. If the government wants to make some law that says that patents can be rendered null and void if they're overly-obvious or if their enforcement will cause significant damage to the economy, an argument for such law can be made. However, if the patent is good and the government think it's fair to expect people to license that technology, than banks should be expected to license it. If banks want to buy the patent-holder out, let them do so with their own money. But there isn't any reasonable explanation that I can imagine as to why this patent ought to be purchased for the banks using tax-payer money.

    2. Re:Not as simple as it appears by WindShadow · · Score: 1

      I have mixed feelings on that. My first reaction is that you are right, regular patent law should apply. But in the sense that the government wants banks to use this technology, buying the rights sounds much like emminent domain in which the government does buy the rights to real property to be used for the "common good." I don't know if this maps to intellectual property in the legal or ethical sense.

      Feedback on the legal or moral analogies welcome, I can see both sides.