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NASA Patents To Be Auctioned

Presto Vivace writes to tell us that as a continuing push to commercialize NASA-funded technology a group of 25 NASA patents will be auctioned off this coming October. "The sale, which will include rights to signal processing, GPS for spacecraft and sensor technologies, is the first auction under a partnership announced earlier this month between Goddard's Innovative Partnerships Program (IPP) and Ocean Tomo Federal Services LLC. Ocean Tomo provides a marketplace for intellectual property, which NASA wants to leverage in commercializing its technology."

224 comments

  1. Great! by BitterOldGUy · · Score: 4, Funny

    The HHT technology is a highly efficient, adaptive and user-friendly set of algorithms for analyzing time-varying processes, designed specifically for nonlinear and nonstationary signals.

    Finally a version that can be used in the home! I'll see if my grandma needs this.

    1. Re:Great! by Anonymous Coward · · Score: 0

      Ocean Tomo provides a marketplace for intellectual property

      I will do even better! I will provide a marketplace for dragons, magic spells, and all kinds of imaginary stuff!

      Oh crap, the MMO's beat me to the punch. :(

    2. Re:Great! by jd · · Score: 1

      Nonono, User-Friendly means Illiad gets a discount.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    3. Re:Great! by Windows_NT · · Score: 1

      hmm, proton torpedos, tractor beam, plans to the deathstar! the world is mine!

      --
      Go go Gadget Nailgun!
    4. Re:Great! by barwasp · · Score: 1

      Save your money. If your grandma needs it for non-commercial private purposes, she has a right to do all the things described patents anyway.

  2. Auctioned off? by Anonymous Coward · · Score: 5, Insightful

    Those patents belong to the American people!

    1. Re:Auctioned off? by Anonymous Coward · · Score: 0

      I agree. Where's our cut?

    2. Re:Auctioned off? by j0ebaker · · Score: 1

      You are right! These belong to the American people and are free for anyone to implement in their designs.

      We need to do away with patents in the US. It is a tax on the people that we simply are not going to put up with anymore. That's how I feel.

      -Joe Baker

    3. Re:Auctioned off? by Anonymous Coward · · Score: 1, Funny

      Hey, I'm American too (from Chile), and as long as I know NASA is from the USA.

    4. Re:Auctioned off? by Korin43 · · Score: 2, Insightful

      Why the hell does a public organization have patents?

    5. Re:Auctioned off? by coolsnowmen · · Score: 1

      Why the hell does a public organization have patents?

      I think we need to go to the window and scream, "I'm mad as hell, and I'm not going to take it any more."

      Seriously though, I'ld like a good answer to that question.

    6. Re:Auctioned off? by MikeB0Lton · · Score: 1

      These belong to the American people and are free for anyone to implement in their designs.

      Personally I'd just like to get the tax dollars I put into it returned to me. I didn't pay taxes so the government could sell IP developed using that money.

    7. Re:Auctioned off? by mog007 · · Score: 2, Interesting

      Yeah, since when can government agencies patent anything? Anything they create is instantly entered into the public domain. Who would buy a patent that anybody's allowed to infringe upon without repercussions?

    8. Re:Auctioned off? by Anonymous Coward · · Score: 0

      Those patents belong to a Museum!

  3. Great, we get to pay for them again! by Eric+Smith · · Score: 5, Insightful
    As a US taxpayer, I already funded the research that led to these patents. Now they'll sell them off, which superficially sounds like a good thing. But the reality is that it means that I get to pay for them again. The companies buying the patents aren't ultimately the ones paying, it's those of us that buy products from those companies.

    The results of taxpayer-funded research need to be made freely available, not sold to the highest bidder.

    1. Re:Great, we get to pay for them again! by morikahnx · · Score: 5, Funny

      Maybe NASA is planning on paying us back?

    2. Re:Great, we get to pay for them again! by BitterOldGUy · · Score: 5, Insightful
      Ah. So the American Corp who would get these patents (by lottery or by political connections), saving money on R&D, can now pass the savings on to the CEO in terms of even higher salary and perks. He earned it after all by saving the company millions of dollars in R&D costs.

      In the meantime, NASA doesn't get to recover the costs that they spent (our tax dollars) and therefore has to beg Congress for more money. Congress, on the other hand, has things they would rather spend money on: wars, pork barrel spending, things that buy votes from joe sixpack who doesn't give a rat's ass about space - space science is one of those "elitist" pursuits, bridges to no-where, tax breaks to big oil, tax breaks to big corps who've lobbied for them, their own increasing salaries and perks, etc....

      Sorry, I didn't mean to sound bitter.

    3. Re:Great, we get to pay for them again! by Fastolfe · · Score: 1, Insightful

      No, you'll still have paid only once, assuming the terms of this sale are equitable. Your original investment (taxes paid) into the research that created these patents is being *sold*, not given, to a private company. NASA is getting something in return for this, which means you are getting something in return for it.

    4. Re:Great, we get to pay for them again! by msauve · · Score: 4, Funny

      "Maybe NASA is planning on paying us back?"

      Free Tang for everyone!

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    5. Re:Great, we get to pay for them again! by Anonymous Coward · · Score: 1

      This is what happens when a government actively screws its own people to benefit corporations.

      Don't ever vote Republican again.

    6. Re:Great, we get to pay for them again! by LWATCDR · · Score: 1

      And if they gave them away you think that the products would be cheaper?
      What do you think would be better?

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    7. Re:Great, we get to pay for them again! by CodeBuster · · Score: 5, Insightful

      But the reality is that it means that I get to pay for them again.

      Suppose instead that you were the sole owner of the patents, but for some reason (you choose) you didn't want to spend money to develop and market products based upon the patents, even though you might personally be interested in buying whatever products are ultimately produced using the patents. Would you not be happy with a cash settlement from the sale of your patents? Presumably you could still purchase whatever products came out of the patents and enjoy them while paying a small share of what the patent buyer paid you (in the form of a higher product price) in exchange for a product that you want. How is this not a good deal?

      Now, in theory it would be better if all of us taxpayers saw some "return" on our investment in the form of lower taxes going forward based upon the proceeds of a successful sale of patents generated from publicly funded research. However, in practice any proceeds will probably go to NASA and not be returned to the US Treasury so in that sense the US taxpayer is getting a bit of the shaft. On the other hand, maybe some useful products, which wouldn't otherwise be available to the public, will come of this so it may not all be bad.

      If the patents were made freely available then other countries and foreign companies could free-ride and enjoy the fruits of our research efforts without reimbursing us for any of the costs that we have already paid for the research. How would that make you feel? Perhaps you prefer that nobody earns any profit, even though your tax dollars are already a sunk cost either way, just to spite the winning bidders? Either way you still paid for the research and got no direct return.

    8. Re:Great, we get to pay for them again! by camperdave · · Score: 1

      Well, don't waste your steam here. Vent your indignation at your senators, congress-critters, etc. Raise a stink in the newspapers. Make it an election issue. Where does Barak sit on the issue? What about McCain?

      --
      When our name is on the back of your car, we're behind you all the way!
    9. Re:Great, we get to pay for them again! by Anonymous Coward · · Score: 0

      As a US taxpayer, I already funded the research that led to these patents.

      It would be nice to think that the $$ made by selling off these patents would reduce the increase in tax dollars to fund nasa, sure the consumer is ultimately paying for it... but at least it would be for something that they WANT to buy this time.

    10. Re:Great, we get to pay for them again! by reebmmm · · Score: 3, Insightful

      Let me just add: nothing is being sold. Each of the lots is "an exclusive license" and not an actual assignment. Presumably, the exclusive license will have development and commercialization requirements--just like any other federally funded patent license agreement. Typically, the point is to bring the technology to market. Obviously, NASA doesn't think it's doing a good job of that right now.

      Also, you have a very messed up idea of how government works. Things that happen with your tax monies aren't freely available to you. If a pig farmer gets a subsidy, you can't go take a pig.

    11. Re:Great, we get to pay for them again! by Anonymous Coward · · Score: 1, Insightful

      The entire purpose of NASA to begin with was for open research and space-technology.

      ALL NASA funded research should be property of the US public domain. i.e. Patented by the USA but no specific company or entity.

      I have always been a firm supporter of NASA, but if they privatize then pull the funding. If they want taxpayer money fine, but if they are going private then go all the way, and let the insiders pay for their own research instead of leeching the public.

    12. Re:Great, we get to pay for them again! by Anonymous Coward · · Score: 0

      I agree... the whole point of NASA research is that it is public domain and now they are going to sell it to the highest bidder?!?

    13. Re:Great, we get to pay for them again! by Eric+Smith · · Score: 4, Insightful

      No, I get to pay more every time I buy products using the patented technology. When I paid the taxes to fund NASA, it was most certainly NOT with the intention or stated purpose that they would develop things to sell to me.

    14. Re:Great, we get to pay for them again! by Eric+Smith · · Score: 1

      Of course. If company A has to buy a patent to produce product X, don't you expect they'll factor the cost of that patent into the selling price of the product? Or do you think they're running some kind of charity?

    15. Re:Great, we get to pay for them again! by beakerMeep · · Score: 1

      Except if they need to license the patent back from whomever they sold it too. This is the common great swindle of privatization.

      --
      meep
    16. Re:Great, we get to pay for them again! by eclectro · · Score: 1

      which means you are getting something in return for it.

      You mean we get another orbit for the International Space Station??

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    17. Re:Great, we get to pay for them again! by jd · · Score: 2, Funny

      No, you don't sound bitter. Bitter, preferably draught and in the form of three pints (with plenty of peanuts) might be a good thing right now. I would argue that you sound perceptive.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    18. Re:Great, we get to pay for them again! by Eric+Smith · · Score: 1
      Lower taxes resulting from sale of the patents? What are you smoking, and where can I get some?

      If I was concerned about foreign companies being able to take advantage of the research I've paid for, I'd want NASA to sell the foreign patent rights, not the US patents. But the reality is that it's just as much in my interest for foreign companies to be able to use the research results as domestic companies, because in either case if they have to buy patents, they'll mark up the prices they charge me for their products.

    19. Re:Great, we get to pay for them again! by Anonymous Coward · · Score: 0

      I thought that was part of the plan? Reduce the size of government (all your "social" programs and "social" laws) by increasing a big business ideal that means very rich people supported by a whole lot of very poor people -- at home and elsewhere. Enlarging of course your "anit-social" programs to protect those rich people from those poor people (at home and elsewhere) meaning the military, Homeland Security, and your last decade of rather bizarre legislation for copyright cops, surveillance, etc.

      I say this as an outsider of course, and I've only been around for the last fifty years, but that sure is what it looks like. Call it neo-con or Reagan Revolution or whatever you like, this NASA auction sounds perfectly in step. Isn't that what you wanted?

    20. Re:Great, we get to pay for them again! by bluefoxlucid · · Score: 1

      Tax cuts for big oil? They should really pay more than 40% of their profits in taxes, and also jack up the price of gas to $12/gallon so they have even more profits to suck from so we can raise welfare salary for those 4th generation welfare kids.

    21. Re:Great, we get to pay for them again! by jd · · Score: 1

      So long as it's not free Bane (slightly obscure Sarah Jane Adventures #1 ref).

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    22. Re:Great, we get to pay for them again! by Eric+Smith · · Score: 3, Insightful
      Whether it's an exclusive license or a sale, the result is the same. I get to pay for the research again and again.

      Your example with the pig is exactly why the government shouldn't be giving out subsidies. I am unable to identify which of the Powers of Congress enumerated in Article I Section 8 of the US Constitution includes the power to grant subsidies to private entities.

    23. Re:Great, we get to pay for them again! by LWATCDR · · Score: 2, Insightful

      How reasonable. What are you doing on Slashdot?
      The other choice would be to grant none exclusive rights to companies. Maybe on a per product basis? That would then open up problems with auditing and do we want NASA doing that?

      My choice would be to offer the patents free to any US company that builds their product in the US. But that would be a mess to monitor.
      Frankly this seems like a reasonable way to deal with these patents.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    24. Re:Great, we get to pay for them again! by gunner2028 · · Score: 1

      Thank you for your insightful comment. Nothing is permanently being given away, instead a single purchaser will have the right to utilize and control the utilization and implementation the technology patented. The right of ownership will still be retained by NASA (and hence the U.S. Public).

      --
      Eloquent words can mask much mischief. Judge Mayer
    25. Re:Great, we get to pay for them again! by trickonion · · Score: 1

      If a pig farmer gets a subsidy, you can't go take a pig.

      Maybe you should be able to

      --
      I got you an Andes mint, but it melted in my pocket
    26. Re:Great, we get to pay for them again! by onionlee · · Score: 3, Interesting

      I think your basic assumption is incorrect. Rather than saving on R&D, the company will be forced to make a better cheaper product. If the research was made freely available, no single company has a monopoly on the technology. This of course will increase competition, in the end bringing back our well spent tax money. Imagine if mp3 players still were held under a single patent (see: http://slashdot.org/article.pl?sid=08/09/08/1343248 ) No iPod D: and no Zune (>_> then again, that could be a good thing...)

    27. Re:Great, we get to pay for them again! by NeutronCowboy · · Score: 2, Insightful

      This assumes that I own part of NASA or that NASA pays me something out of its profits. All of which is false.

      GP was right. I funded the research with my tax dollars, I own part of it. Either I get some of the cash that the auction netted, or this is nothing but corporate welfare. To anyone who's arguing that the corporation is still paying for it: there's a world of difference between paying for research and stumbling on something that makes money, and paying for a patent on something that makes money. In one, the money overlord bears the risk of the research failing. In the other, the research risk has already been born.

      --
      Those who can, do. Those who can't, sue.
    28. Re:Great, we get to pay for them again! by NeutronCowboy · · Score: 2, Insightful

      Of course. Except the analogy is wrong. In this case, I (NASA) was paid by someone. That someone is the US taxpayer. As it seems that the patents were work for hire (as evidenced by the fact that they belong to NASA, and not the inventor), they belong to whoever paid the money. I.e., me (the US taxpayer).

      I could accept the alternative of lower taxes because NASA wouldn't require so much funding, but alas, I'm pretty sure DC will find some other uses for my taxes.

      --
      Those who can, do. Those who can't, sue.
    29. Re:Great, we get to pay for them again! by Fastolfe · · Score: 1

      No, I get to pay more every time I buy products using the patented technology.

      The value of the research that happened due to your tax contributions is still in NASA's hands, because NASA traded that research for cash at (presumably) a fair market value, via an auction. It's still your money, if you subscribe to the notion that the government is yours.

    30. Re:Great, we get to pay for them again! by Belial6 · · Score: 1

      Since Patents last for 20 years, if that right to utilize and control the utilization is for a period of 20 years, then would in fact be a sale.

    31. Re:Great, we get to pay for them again! by NeutronCowboy · · Score: 1

      If a pig farmer gets a subsidy, you can't go take a pig.

      Actually, I can. The supermarket will sell me a pork loin for less than I would have without the subsidy. That works for me.

      However, when a patent is sold, a monopoly position is sold. And monopoly rents work completely different from regular supply and demand curves.

      --
      Those who can, do. Those who can't, sue.
    32. Re:Great, we get to pay for them again! by Anonymous Coward · · Score: 0

      That's exactly what I was thinking--although my thought went something like "does nasa actually own those patents to sell them" ?

      I mean...my understanding is that those patents are 1/301,139,947th mine. I'm sure there's some legal construct set up so they aren't--but it still rubs the wrong way to think about it.

    33. Re:Great, we get to pay for them again! by Fastolfe · · Score: 1

      (Hmm, Slashdot seems to have eaten my reply to this. Sorry if it appears twice.)

      This assumes that I own part of NASA or that NASA pays me something out of its profits. All of which is false.

      I disagree that this is false. NASA is "owned" by the US government, and we individually have some say in how it uses its assets. NASA's "profits" are the benefits that NASA provides the people of the US (and the world, if you prefer). If NASA is not providing any sort of benefit, you need to write your legislators and tell them to eliminate it, just like you would any other government program that's not doing anything useful.

    34. Re:Great, we get to pay for them again! by IBitOBear · · Score: 1

      then _NASN_ should be licensing these patents to businesses directly instead of selling them to a third party for the (presumably lower) short term return. Said license fees then used to forward NASA's goals at a reduced ongoing tax burden.

      That way the money we invested in NASA is paid back into NASA in an approach towards a self sustaining NASA.

      Like how it goes in life insurance. You pay in until the fund is full, and then the fund starts paying you back.

      Selling for the short term and (at least as far as the buyer is concerned) sucker-price is for, well, suckers.

      --
      Innocent people shouldn't be forced to pay for inferior software development.
      --"Code Complete" Microsoft Press
    35. Re:Great, we get to pay for them again! by Vexor · · Score: 1

      Free tang?! This is great news for nerds everywhere! Finally the /. community will get some action...wait..what do you mean orange juice?

      --
      ~Vexed and loving it!
    36. Re:Great, we get to pay for them again! by skaet · · Score: 1

      Dear Eric Smith,

      Please find enclosed the 22 cents of your taxes that actually went towards developing these patents. We don't recommend cashing this cheque since the physical paper and postage is worth more than the written value.

      Sincerely,
      U.S. Government.

      --
      There is no knowledge that is not power.
    37. Re:Great, we get to pay for them again! by Eric+Smith · · Score: 1

      if you subscribe to the notion that the government is yours

      That's one of those "difference between theory and practice" things.

    38. Re:Great, we get to pay for them again! by Anonymous Coward · · Score: 1, Insightful

      US Government patents don't work this way.

      Government R&D or R&D by a commercial firm using Government funds 99% of the time results in a clause in the contract the Government has a royalty free license to use the technology

      I doubt this will be any different

    39. Re:Great, we get to pay for them again! by Eric+Smith · · Score: 1
      Nice thought, but a refund isn't what I'm after. Since I paid to develop those technologies, I should get the use of them without paying again for a patent license.

      The government is not supposed to be a profit center. I don't want it selling off technology it develops at my expense any more than I want it selling off the national parks or the interstate highway system.

    40. Re:Great, we get to pay for them again! by tkohler · · Score: 1

      > The results of taxpayer-funded research need to be made freely available, not sold to the highest bidder.

      They are auctioning the Patents not the Technology...there is a difference. Someone in NASA probably looked at their patent maintenance costs and said, "we can save some money by auctioning off these duds". My guess is that they aren't auctioning off the "rocket science", but the poorly written patents and so-called paper patents on technology that was never reduced to practice (warp drive?). I imagine that a few companies will pick through the garage sale looking for bargains. But ask yourself, if they are worth money (i.e., people are already infringing) why not enforce them instead?

    41. Re:Great, we get to pay for them again! by evilklown · · Score: 5, Insightful

      I would like to be the first to suggest a class action lawsuit against both the government and the highest bidder. I wish not to recoup any money but, as previously mentioned, I would like these breakthroughs (made possible by tax-funded research) to be freely available to any citizen of the United States. I think it's time we, the taxpayers, set a precedence for publicly funded research to be publicly available.

    42. Re:Great, we get to pay for them again! by Anonymous Coward · · Score: 0

      You don't really need to name the company "A", or the product "X", unless you plan to use a company "B" and a product "Y" in your example...

    43. Re:Great, we get to pay for them again! by Anonymous Coward · · Score: 0

      ....If a pig farmer gets a subsidy, you can't go take a pig.

      nope, but smear some lipstick on it and maybe we can fly it through the election!

    44. Re:Great, we get to pay for them again! by Deus.1.01 · · Score: 1

      Taking the liberal(no not the silly word in USA) stand here. Wouldn't it be better if several companies be able to produce several of their own products of the patents instead of one? competition and all that jazz.

      --
      My -1 Troll is actually a +1 funny. And my -1 flame is actually a +1 insightfull.
    45. Re:Great, we get to pay for them again! by CodeBuster · · Score: 1

      Selling for the short term and (at least as far as the buyer is concerned) sucker-price is for, well, suckers.

      So don't sell for the short term, sell for the present value of the expected license payments at a good rate premium (say 5-7% right now). If you elect instead to wait and collect payments then you have to pay for a private firm or a bureaucracy to collect the payments and monitor accounts (NASA was not set up as a bill collecting agency after all). It is not a sucker move to sell a stream of payments upfront if the price is right.

    46. Re:Great, we get to pay for them again! by CodeBuster · · Score: 1

      The auction, by virtue of finding the best equilibrium price, automatically selects the most qualified firm in the form of the winning bidder (which presumably would be the same company who would win in any competition because they are more efficient and thus have more money to bid with in the first place). If that company fails then the patent is sold at bankruptcy auction again to the next most efficient firm and so on.

    47. Re:Great, we get to pay for them again! by Deus.1.01 · · Score: 1

      That's so horrible simplified i cant find word for it. So what if a firm is younger and havent gathered enough capital then an older firm. Actually, there is probably more then just "ONE" firm that could handle the patents and come up with the dough for this scam. Yet only one would get it? Then that company would have monopoly on the patents and by all free market rhetoric, wouldn't be pressured to be "efficient".

      --
      My -1 Troll is actually a +1 funny. And my -1 flame is actually a +1 insightfull.
    48. Re:Great, we get to pay for them again! by SharpFang · · Score: 2, Insightful

      Nope. ALL American companies get these patents, freely. None can use them to monopolize a sector of the market and gain unhealthy advantage - they all compete and they all produce better, smarter equipment while competition keeps the prices down.

      Imagine Velcro still being in hands of one manufacturer selling it for $50/inch^2.

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    49. Re:Great, we get to pay for them again! by pcmanjon · · Score: 1

      "No, I get to pay more every time I buy products using the patented technology. When I paid the taxes to fund NASA, it was most certainly NOT with the intention or stated purpose that they would develop things to sell to me."

      And when I paid my taxes it was NOT with the intention that:

      * It would be used for no-bid contracts for a war.
      * That it would be used to bail Chevy and Ford out of bankruptcy, when it is their lack of innovation that got them there.
      * That it would be used to take over Fannie and Freddie (with the CEO's of these two organizations getting 2.5 million dollar severance checks.)

      Unfortunately this is politics. You pay your taxes, and in order to select what they are used for you vote for a politician. That politician then decides your funding.

      The misuse and abuse of our tax money is the mis-coordination of the correct political candidate. Better luck next election I guess?

    50. Re:Great, we get to pay for them again! by Eric+Smith · · Score: 1

      I'm opposed to those things too. The fact that there are other misuses of our taxes doesn't excuse this one.

    51. Re:Great, we get to pay for them again! by Anonymous Coward · · Score: 0

      -1:Use of a Democrat's words in a disparaging context

    52. Re:Great, we get to pay for them again! by freeasinrealale · · Score: 1

      But the reality is that it means that I get to pay for them again.

      Suppose instead that you were the sole owner of the patents, but for some reason (you choose) you didn't want to spend money to develop and market products based upon the patents, even though you might personally be interested in buying whatever products are ultimately produced using the patents. Would you not be happy with a cash settlement from the sale of your patents? Presumably you could still purchase whatever products came out of the patents and enjoy them while paying a small share of what the patent buyer paid you (in the form of a higher product price) in exchange for a product that you want. How is this not a good deal?

      Now, in theory it would be better if all of us taxpayers saw some "return" on our investment in the form of lower taxes going forward based upon the proceeds of a successful sale of patents generated from publicly funded research. However, in practice any proceeds will probably go to NASA and not be returned to the US Treasury so in that sense the US taxpayer is getting a bit of the shaft. On the other hand, maybe some useful products, which wouldn't otherwise be available to the public, will come of this so it may not all be bad.

      If the patents were made freely available then other countries and foreign companies could free-ride and enjoy the fruits of our research efforts without reimbursing us for any of the costs that we have already paid for the research. How would that make you feel? Perhaps you prefer that nobody earns any profit, even though your tax dollars are already a sunk cost either way, just to spite the winning bidders? Either way you still paid for the research and got no direct return.

      Agreed. Any (saleable) commodity, whether oil, gas, fish, bananas, wheat, whale oil, wood,...,patents,....,airwaves,....,the sun,...., belongs to the people (in the country of origin). How the wealth derived is, in theory, distributed is determined by the politics (power elites) of said country. In Russia, China, eg., government control everything (One party system?). In good ole US of A, eg. which is a wide open Capitalist democracy (co-opted laissez-faire society??) most of wealth goes to elites(Two or one or the other party system??). In remaining democracies where taxpaying voters can vote in MINORITY governments (as we are about to do again in Canada - hopefully) that gum up the works for the politicians so we the taxpaying voters can get more 'trickle down' from the elites in the form of more social benefits then we'll vote you a majority so you can ransack the country some more, - more of the benefits of said patents would probably accrue to taxpaying voters ( a three or more party liberal democracy??). Hmmm...

      --
      A man spends the first half of his life accumulating stuff, the second trying to get rid of it all.
    53. Re:Great, we get to pay for them again! by Anonymous Coward · · Score: 0

      On the other hand, maybe some useful products, which wouldn't otherwise be available to the public, will come of this so it may not all be bad.

      Yeah, that's what's needed -- more gadgets to hang from your belt.

    54. Re:Great, we get to pay for them again! by GnuPooh · · Score: 1

      I'm even more confused two of the GPS patents have my name on them. I didn't want to patent them (for the same reasons you state), but NASA management pushed me into doing it and now they're selling them, where does that leave me? What if I use some of the concepts in our GPL'd OpenSource GPS receiver? Would I have to pay for my own ideas back? This is why I left NASA and told them so in my exit interview.

    55. Re:Great, we get to pay for them again! by Windows_NT · · Score: 1

      Think of it like this:
      1) you pay nasa to create information
      2) nasa sells ideas for more funding
      3) ???
      4) profit
      Nasa is taking the original funding and creating a second revenue out of it. Someone has to buy it. Its sounds like good idea to stretch a dollar. and its not like its blueprints to a rockets, its algorithms for process signals.
      I just really hope it helps us reach the stars

      --
      Go go Gadget Nailgun!
    56. Re:Great, we get to pay for them again! by countvlad · · Score: 0, Troll

      Then don't buy the fucking products. It's not NASA's job to take patents and turn them into business opportunities for itself. FFS, I expect a level of stupidity on /., but this the shit on here today is exceptional. This is nothing but a good thing. NASA gets money back. Industry gets stuff to make new products/services from, which creates jobs and possibly new peripheral technology...how is this anything than a bad thing? Is NASA supposed to commercialize it's patents and sell you shit for cheap? Were you fucking born yesterday? Some people here need to grow the fuck up and realize shit isn't free.

    57. Re:Great, we get to pay for them again! by skaet · · Score: 1

      Admittedly yes, I don't think you should have to pay for a patent license. Government developed technologies should be made available to all their citizens for non-commercial use.

      But who's to say what was developed by the government and not? Many private companies contribute to projects and many of those provide some of their own funding. It's hard to draw the line somewhere and I'm sure the companies themselves would want to either be reimbursed for their investment or be granted a free license for commercial use (if the agreement doesn't already allow this).

      --
      There is no knowledge that is not power.
    58. Re:Great, we get to pay for them again! by NeutronCowboy · · Score: 1

      True. However, ownership also implies control. Even in mega-corporations, minority owners can effect change, bring up motions, etc. I have no such influence over NASA. There is only the most indirect of influences by voting for people who I think could have the same opinions as I do about how NASA should operate.

      Not the same thing.

      --
      Those who can, do. Those who can't, sue.
    59. Re:Great, we get to pay for them again! by mr_matticus · · Score: 1

      And your post presumes that the company would find it economically feasible and sound business to bring the product to market, whether the patent was public domain or not.

      The thing is that these patents are often first steps, not final steps, and NASA requires additional funding to bring any of this to market. What reason does a business have to pick up the tab if it can't exploit that investment afterward? It would serve to give a competitive edge to...competitors, which is self-defeating, particularly in the kinds of research NASA engages in.

      Instead, that research is publicly funded. Whether it results in anything useful or not, the money is gone. Why shouldn't NASA be able to sell off some of that research to enable further research? Let's look at a simple example: say NASA funds a $5 million development project, turning up some patentable invention. That's just the patent. Bringing it to market costs $10 million more.

      Do the taxpayers want to give NASA another $10 million (we all know the answer), or would they rather earn back $4 million and have to wait 20 years before it can be freely exploited? This way, the public is out $1 million and has to live with a patent, but it gets a useful product out of it.

      The other way, the public is out $5 million, and there is no useful product. It's not perfect, but "the people" have continually balked at increasing expenditures to cover the full cost of this sort of research.

    60. Re:Great, we get to pay for them again! by CodeBuster · · Score: 1

      So what if a firm is younger and havent gathered enough capital then an older firm

      Then they pitch investors to finance them in the auction because they have the expertise to make use of the patent, but not the financial resources required to make a serious bid. Financing is part of any successful venture, just as much as engineering and scientific expertise, and it can be consulted, hired, or located just like any other form of necessary production capital.

      Then that company would have monopoly on the patents and by all free market rhetoric, wouldn't be pressured to be "efficient".

      Patents are a limited monopoly granted by the government so how is that the fault of the free market? I am simply using basic economics to explain why the auction results in the best price by connecting those who are best able to pay the highest amount for the patents with those selling the patents (NASA in this case). Generally the firm with the best financing will also be the one best able to manage production and exploit the patent and produce value for society in the form of new and useful products and services. Maybe you don't believe that, but most economists working today would be substantially in agreement with that sentiment.

      Patents are supposed to encourage innovation and bring products into production by granting monopoly privileges, that is how patents work. Sure, you might pay a higher price for these products in the short run, but you might not have them at all without the patents. So which is better, the chance to buy useful products at a high price, or no meaningful chance to buy the products at any price because they were never invented in the first place or they were substantially delayed? You might argue that patents are bad, but don't blame the free market for patents, blame the government (they wrote the patent laws).

    61. Re:Great, we get to pay for them again! by Deus.1.01 · · Score: 1

      SHEEZ louise!

      How is it free enterprise to limit technology thats allready been developed, from a public source no less.
      Its blueprints you found on the streets.

      "Generally the firm with the best financing will also be the one best able to manage production and exploit the patent and produce value for society in the form of new and useful products and services. Maybe you don't believe that, but most economists working today would be substantially in agreement with that sentiment."

      i'm really not sure what economist you are refering to, but by purpose limiting adventures to one company only and by some voodoo decree declare that they will do everything right just because they got the most dough?

      "So which is better, the chance to buy useful products at a high price, or no meaningful chance to buy the products at any price because they were never invented in the first place or they were substantially delayed?""

      So the rich company that could afford the bid, and thus wouldn't have to spend money on the bid, now cant for some reason work on the freely available patent?

      Yeah, im not big on free market rhetoric, especially when people want everything in the infrastructure to be private.

      But when it comes to more special situation where the flow of information is clearer and where public goods aint on the stakes, then the free market logic can rule a little.
      I've got nothing against that, and yes i do consider myself a socialist.

      However i digress, you are not doing a good job advocating free market at all, since competition is one of the traits of the dogma, you proactively goes against it.

      There is NO reason for this to be patented, several enterprises can come up with theirs own specialisations filling alot of empty corners in a market.

      Don't put all the egss in one basket.

      Now DAMNIT ./ MOD ME!!!

      --
      My -1 Troll is actually a +1 funny. And my -1 flame is actually a +1 insightfull.
    62. Re:Great, we get to pay for them again! by sincewhen · · Score: 1
      ...set a precedence for publicly funded research...

      I think you meant precedent.

      --
      -- Braden's law of data: All data spends some of its lifetime in an excel spreadsheet.
    63. Re:Great, we get to pay for them again! by LWATCDR · · Score: 1

      Actually I expect them to take extra profit. The product will have the same value and the expenses are lower. The price will always be what the market can bare so without the cost of the patent they will take extra profit.
      Only if there is a competitive product will there be any savings to the end user and even then it the savings would probably be the the same patent or no.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    64. Re:Great, we get to pay for them again! by PalmKiller · · Score: 1

      I don't get it...oh you thought we meant tain or perhaps taint?

    65. Re:Great, we get to pay for them again! by CodeBuster · · Score: 1

      Do you mind if I ask you a question? Suppose that two parties wish to engage in a transaction that both have decided is in their mutual interests. Should a third party, who is no part of the transaction and wielding a gun no less, be able to step in between those two parties and say, "deal is off because I say so"? The free market is made of people voluntarily associating without threat of coercion by means of violent force or threat thereof, but every time we interfere with that (and the government these days interferes tremendously in almost every aspect of our everyday lives, financial and otherwise) or condone another to do so on our behalf (i.e. the government) we are saying, "let us do a little evil, so that some good may come of it." I am not saying that the government has no role whatsoever in our society (somebody has to police the rules and punish violations), but rather that too often government oversteps its bounds and especially so when it comes to interference in the marketplace. I have heard all of the anti-corporate, anti-monopoly, and anti-private business and ownership arguments from just about all of the lefties here on Slashdot over the years and I think that if they were really honest with themselves they would see that invariably every abuse of corporate privilege, unfair trade deal, and other perceived corporate wrong is ultimately made possible by the interference of governments. Many of the problems that we have today would cease getting worse and start to get better if it were not possible to use political power as a cudgel to beat the marketplace into submission.

      The problem with socialism is that it is by definition against freedom. If I am going to spend your money then I must first take it away from you. Of course, this necessarily implies use or threat of violence if you do not surrender your wealth to me on demand. If we had instead engaged in a voluntary exchange of mutually acceptable good(s) or service(s) then the coercion would not be necessary. Socialism interferes with that by dictating market results, which would not otherwise occur in the absence of coercion, at the point of a sword. Now, because governments are necessary to minimize overall violence (that is why the anarchists are wrong) and some taxes are necessary to fund the government it is not possible to eliminate all coercion, but it is possible to minimize it and that, IMHO, is a goal worthy of pursuit. I will concede that egalitarianism and communal living entered into voluntarily, as part of an intentional community for example, are possible on a small scale without coercion. However, it is not possible to organize entire societies in this fashion without resorting to strong coercion and human history is filled with tales of suffering and misery as a result of attempts to do so. So you see now why I support the free market (which I don't believe that we have now 100%, even here in the United States) and advocate for it as a consequence of my belief in self determination and a position against violence if it can possibly be avoided. Socialism strikes me as the wanton and everyday use of violence in an attempt to achieve goals that, however noble, will never be achieved by coercive means.

    66. Re:Great, we get to pay for them again! by Eric+Smith · · Score: 1

      It will help us more if they make it freely available to the public which has already paid for it.

    67. Re:Great, we get to pay for them again! by Eric+Smith · · Score: 1

      It's not NASA's job to take patents and turn them into business opportunities for itself

      Exactly my point. Thank you.

      NASA gets money back.

      NASA doesn't "get its money back". It was never NASA's money. It was our money, and after we've already paid for it once, they're telling us that if we want the results of the research we'll have to pay for it again.

      Industry gets stuff to make new products/services from, which creates jobs and possibly new peripheral technology

      Which they would also get if NASA made the patents freely available, since we've ALREADY paid for them.

      Some people here need to grow the fuck up and realize shit isn't free.

      Of course it's not free. We've already paid big bucks for it. There's no rational basis for making us pay for it twice. Unlike public infrastructure such as roads and sewers, NASA doesn't have any ongoing expenses to "maintain" the patented technology.

    68. Re:Great, we get to pay for them again! by tnk1 · · Score: 1

      When I paid the taxes to fund NASA, it was most certainly NOT with the intention or stated purpose that they would develop things to sell to me.

      That's funny, I don't recall my preferences having anything to do with what the government did with my money. You must be on the premium plan or something. On my plan, I pay them or they throw me in jail. Not much by way of perks, but it beats the alternative.

      And, oh yeah, I forgot, I get one ticket to attend a performance that they call an "election" every two years or so. Its a pretty good one, with lots of HD TV coverage, but I wish they'd use another color scheme than red, white and blue every time. I think its supposed to mean something, but its getting sort of old.

    69. Re:Great, we get to pay for them again! by Eric+Smith · · Score: 1
      If any private parties were involved in the development of the patented technology, they were ALREADY paid for their involvement. Rarely does anyone do any R&D for the government without being compensated for it.

      And it doesn't matter whether the parties that want to use the patent are commercial or not. The research was already paid for by our tax dollars.

      If the research is being done for the purpose of making money, then it shouldn't be done by the US government, as that is not one of their powers authorized by the Constitution. See Article I section 8 for Powers of Congress.

    70. Re:Great, we get to pay for them again! by Eric+Smith · · Score: 1

      I wasn't talking about MY intentions. When NASA was chartered, there was no claim that it was to be a profit-making enterprise.

    71. Re:Great, we get to pay for them again! by Windows_NT · · Score: 1

      free to the public means no one will make money off it. That means it is public domain, no one can charge for it, and it will be free knowledge. I say, sell the patents, make some more money and get those damn shuttles in the air.

      --
      Go go Gadget Nailgun!
    72. Re:Great, we get to pay for them again! by mrchaotica · · Score: 1

      I wholeheartedly agree! The question is, though, would the government consent to be sued?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    73. Re:Great, we get to pay for them again! by Eric+Smith · · Score: 1
      "Free to the public" most certainly does NOT mean that no one will make money off it. Are you assuming that if NASA makes the technology available at no charge, that no company will want to use it in products?

      Lots of companies are using information that is in the public domain to make money. Many companies sell products based on technology that is not patented, or for which the patents have expired. Disney has routinely used music that is in the public domain in their animated films, which have been immensely profitable.

    74. Re:Great, we get to pay for them again! by tnk1 · · Score: 1

      I'm sorry, when you mentioned your taxes and NASA, I was confused into thinking you thought you had some sort of say in the matter. Many people maintain that delusion, and have a habit of talking about their "taxpayer dollars" while they do, so I hope you'll excuse my mistake.

      And yes, they didn't decide that they would be a profit making enterprise before. Still, I think its sort of refreshing that the government thinks that it might be able to do something to pay for itself other than raising taxes, borrowing money, and printing more money. Not that it will help, of course.

    75. Re:Great, we get to pay for them again! by Deus.1.01 · · Score: 1

      Again, you don't get, if we can drop the preschool economics and focus on the issue here.
      Also, you generalise, you automaticly went over to left/right modus, and go on about rant with the usual clichés!

      Now, onto the issue.

      The third guy with the gun allegory is stupid, since the techniques in question, being public domain, would not near the kind of state you a describing, if it was public domain, a full fledged competition would erupt to utilize the techniques the best they could.

      --
      My -1 Troll is actually a +1 funny. And my -1 flame is actually a +1 insightfull.
    76. Re:Great, we get to pay for them again! by Windows_NT · · Score: 1

      So then It comes back to the original argument of us paying twice for something we paid for originally.
      i still believe the ladder is the most profitable. If we were to sell the patents, and get some money off them, as to making them public domain, and not getting anything from them, but yet having to pay for them again.
      It makes no sense to be public domain.

      --
      Go go Gadget Nailgun!
    77. Re:Great, we get to pay for them again! by Eric+Smith · · Score: 1

      I'm all in favor of use taxes on things the government does that require continued investment. We're already sort of doing that with highways in most states, where state taxes on fuel pay for highway maintenance and construction. However, the NASA patents in question are not in that category. Taxpayers paid for them outright, and no further maintenance of them is required.

    78. Re:Great, we get to pay for them again! by CodeBuster · · Score: 1

      I wasn't talking about the patent issue at that point. I was curious to hear what your particular defense of socialism (you stated that you were a socialist) would be, since I have never heard one that adequately addresses the problem of imposition by force. Perhaps you are merely sympathetic to socialists (admiring some of what they say or agreeing with some of their ideas, but not accepting their position as a whole), but are not really one yourself?

    79. Re:Great, we get to pay for them again! by skaet · · Score: 1

      I'm sorry. That means nothing to me. I'm Australian, y'see =\

      --
      There is no knowledge that is not power.
    80. Re:Great, we get to pay for them again! by IBitOBear · · Score: 1

      By definition, the person buying the license is paying less than their expected return on the investment. That expected return for the seller is _after_ all the overhead you cite.

      Unless you are desperate for immediate liquidity, you are, by definition, sacrificing return on the alter of expediency.

      Unless, of course, in your heart of hearts, you expect the effective return to be non-trivially less than the sale price. That is, unless you know you are selling junk at a premium price.

      Now it is reasonable to sell because you don't want to be in the business (e.g. cashing out etc) which is the core of open source software (e.g. the guy who writes an OSS database is typically in the business of needing a database, not the business of selling database software etc).

      The government and all its bodies is already in the business of collecting money and fees (see the IRS and the USPTO), why not have a profit center agency that licenses government held patents to business to offset the value the taxpayer (n.e. the government) invested in creating the technology? That minimizes the cash entropy cost of realizing the return on the investment.

      --
      Innocent people shouldn't be forced to pay for inferior software development.
      --"Code Complete" Microsoft Press
  4. Auction? by Anonymous Coward · · Score: 0

    Why not release into the public domain?

  5. This can't be good. by Kid+Zero · · Score: 1

    So NASA gets a couple of pennies while anyone who wants to use the technology gets their pocketbooks pillaged?

    Am I understanding that right?

    1. Re:This can't be good. by Fastolfe · · Score: 1

      The patents are being auctioned, not given away for "a couple of pennies."

    2. Re:This can't be good. by Bobzibub · · Score: 1

      If I ran China or Russia, I'd auction a t-bill and bid a couple pennies more.

  6. Tax payer funded patents by chasingsol · · Score: 0, Redundant

    Wait a second. Wasn't it my taxes that paid for the research that led to those patents? They should release the patents to the public that paid for them. I can understand wanting to raise funds, but not if it means that the patents will end up being abused by some random patent troll to stifle innovation.

    1. Re:Tax payer funded patents by Anonymous Coward · · Score: 0

      My thought exactly. How can they even have patents in the first place? This is absurd.

  7. Hell No! by Dynedain · · Score: 3, Insightful

    If my tax dollars paid for the research and development that has lead to a patent, then that patent should remain in the hands of the government, not sold to the highest bidder.

    If these patents are so valuable that someone is willing to buy them (and theoretically license them), then NASA should be licensing the patents themselves. Sounds like a better long-term supplemental funding solution to me. Several other agencies have fee and license structures (FCC, FDA) that helps supplement their annual Congressional appropriations. Why not NASA as well?

    --
    I'm out of my mind right now, but feel free to leave a message.....
    1. Re:Hell No! by Adambomb · · Score: 4, Insightful

      Why not NASA as well?

      Easy answer with a question: Why would they set up a licensing setup (with all the overhead and fun as their investment) when the government can instead get the big boost from the initial sale and then tax both the sale itself, the revenue of the company, and the sales of the consumer? This would then shunt any overhead of profiting off the patent to the winning bidder as well.

      Granted, the answer only makes sense when it goes with the assumption that it can be spun such that your objection doesn't become the 51%+ demographic as you're exactly right that this is complete bull.

      --
      Ice Cream has no bones.
    2. Re:Hell No! by StreetStealth · · Score: 1

      This is like selling your state's tollway because you can't balance the budget.

      Yes, you get to feel like you solved the budget crisis this year. Too bad you can only do it once.

      --
      Your mind is clear / The things that you fear / Will fade with how much you / Believe what you hear
    3. Re:Hell No! by CodeBuster · · Score: 1

      Suppose that NASA did license them and got paid a yearly fee for the remaining duration of the patent. You could even throw in revenue from multiple interested licensees (since the patents are valuable and more than one firm would probably like to license them...or at least lets suppose for the sake of argument that this is true). Shouldn't we be willing to accept instead a lump-sum payment at auction equivalent to the present value of those future licensing payments? It doesn't really matter whether we sell up front at auction or collect license payments, it can be discounted to a present value either way.

    4. Re:Hell No! by RabidMonkey · · Score: 1

      They did the same thing here in Ontario - Highway 407 was built with public money. Then the conservative government came into power leased it for 99 years to a foreign company (407 ETR). I'm sure after 99 years is up, if we're even using roads then, the government will have to pick up the cost of it, as well.

      Something as public as a road (or water, hydro, etc) shouldn't be privatized - it just leads to gouging as there can't be competition in these spaces.

      Short term gain for long term pain.

      --
      We emerge from our mother's womb an unformatted diskette; our culture formats us. - Douglas Coupland
    5. Re:Hell No! by Dynedain · · Score: 1

      Easy answer with a question: Why would they set up a licensing setup (with all the overhead and fun as their investment) when the government can instead get the big boost from the initial sale and then tax both the sale itself, the revenue of the company, and the sales of the consumer? This would then shunt any overhead of profiting off the patent to the winning bidder as well.

      Then contract out the license management (just like the armed forces contract out the supply chain) with a percentage cut for the private contractor. This way the license manager has an incentive to get licensees in the private sector, and NASA retains ultimate control. But don't sell the patent!

      Once you've sold the patent there isn't anything you can do to stop mishandling of it. I wouldn't be surprised to one day find out that NASA can't move forward on a project without a hefty license fee on a patent they once owned...

      --
      I'm out of my mind right now, but feel free to leave a message.....
    6. Re:Hell No! by Adambomb · · Score: 1

      You're assuming they do not want the patent to be mishandled.

      The higher the revenue from the purchasing company, the better return in overall taxation on both the company's revenues and the purchases from the customers. Seems ass backwards but I certainly can't think of a LOGICAL reason for them to be doing this.

      --
      Ice Cream has no bones.
  8. WTF? What about public domain? by Anonymous Coward · · Score: 1, Insightful

    NASA is a government agency, it is funded by taxpayers money. All research by NASA and patents they own should be in the public domain, it belong to the people.
    They cant just auction them away. The work was made by a government agency, so it belongs to the people!

    1. Re:WTF? What about public domain? by DrDNA · · Score: 1

      The people? Yes, the people should own this. But putting the patents in the public domain isn't the way to benefit the people. Do you really think you can use a spaceship-based GPS system? Putting this in the public domain is a freebie for businesses. If you want the people to benefit most from their tax dollars, NASA should be like the National Institutes of Health and have a licensing office (cheap and pays for itself, despite what someone else here said) and collect license fees to enhance NASA's funding and decreasing the amount of funding that comes from tax dollars.

      Auctioning off these patents is more of the Republican agenda of weakening the government at every chance they get to the benefit of big business.

    2. Re:WTF? What about public domain? by dwye · · Score: 1

      > to enhance NASA's funding and decreasing the amount of funding that comes from tax dollars.

      Except that it doesn't increase the funding. If the Congress wants NIH to have $28 billion (the 2003 figure, per Wikipedia) and NIH made $3 billion the previous year, they will include the expectation of $3 billion into the process and just allocate $25 billion. Thus, the NIH probably asks less for the licenses than it could get, and expects the licensees to come testify to Congress, whenever the appropriations come up, that NIH *really* needs $38 billion (so they can license even more patents for less than they are worth).

      If NASA gets from the patents sale an amount equal to its yearly appropriation (not likely, but a simple example), then the money will either go directly into the general fund, or else the appropriations will be reduced for years to come, because NASA would be expected to live off its nest egg.

      Do you think that the IRS, or US Customs Services (which was the biggest income producer until the income tax was ameded into the Constitution), were ever self-supporting?

  9. "Socialize losses, privatize gains" variation? by hirschma · · Score: 4, Insightful

    TFA didn't really get into detail, but does this mean:

    1. Taxpayers fund research,
    2. Government patents results,
    3. Government sells patents to private concern,
    4. Taxpayer gets to pay for research again via the consumer channel,
    5. Private concern profits?

    Seems like another form of corporate welfare to me. Is this the case?

    1. Re:"Socialize losses, privatize gains" variation? by Daimanta · · Score: 1

      "Seems like another form of corporate welfare to me. Is this the case?"

      In the US, welfare is a dirty word unless linked to "personal" or "corporate", then it's the best thing since sliced bread.

      --
      Knowledge is power. Knowledge shared is power lost.
    2. Re:"Socialize losses, privatize gains" variation? by Fastolfe · · Score: 1

      The patents are being auctioned. This means these corporations are paying your government (thus you, indirectly) cash money. It's not corporate welfare, but it is effectively a one-time tax (you paid taxes to fund the research that went into these patents, and the money resulting from their sale is going to the government, not back to you).

    3. Re:"Socialize losses, privatize gains" variation? by Anonymous Coward · · Score: 0

      Unless, of course, you buy anything that the corporation sells.

    4. Re:"Socialize losses, privatize gains" variation? by Anonymous Coward · · Score: 0

      I'm against corporate welfare like the next guy. It could be argued that having the patents go into the public domain would actually be the corporate welfare. If those companies got to use those patents for nothing, would that not actually be the corporate welfare?

      It's not like grandma is going to pull out a soldering iron and start hacking spacecraft sensors, where some of us hackers on slashdot might.

    5. Re:"Socialize losses, privatize gains" variation? by jd · · Score: 1

      Which you undoubtedly will, at some point, where the prices have gone up to cover the cost of paying for the patents and make a healthy(?) profit on top. I don't disapprove of companies making money, or of companies using NASA patents, but I am definitely not keen on anything that turns a potential benefit to society into an exclusive benefit for a board of directors and select shareholders.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    6. Re:"Socialize losses, privatize gains" variation? by Fastolfe · · Score: 1

      How so?

    7. Re:"Socialize losses, privatize gains" variation? by hirschma · · Score: 1

      You are assuming that the corporation will be paying at least the R&D costs, or more.

      As this is an auction, they may be getting very valuable patents, which cost dearly to research, for very cheaply.

      And, even if they get the patents for the cost of the R&D, they may still make horrendous profits off the backs of the consumer.

      I fail to see why the government should be spending tax dollars to solely benefit private companies.

    8. Re:"Socialize losses, privatize gains" variation? by elBart0 · · Score: 1

      What are the odds that the cost to generate the research will be greater than the monies received from the auction?

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    9. Re:"Socialize losses, privatize gains" variation? by Anonymous Coward · · Score: 1, Informative

      Let me speak as someone who has worked directly with some of the IP involved in this auction. NASA chooses to pursue some types of technology development because it:

      A) has a direct benefit to NASA and
      B) private corporations for one reason or another choose not to explore the area

      NASA will develop and mature this technology for its own use (often to the point of building functional devices for its own missions), even though it might have further commercial (usually in the space business, not consumer items!) applications. Obviously, if the technology has uses beyond NASAs own, then the technology should be "spun off", it should not be locked up within the agency. A smart company will buy the IP, build the device, and reap the monetary rewards, hopefully with a benefit to the end consumer of the technology. NASA is not in the business of building widgets for profit, or even at cost, outside of its own use. Yes, in some ways it is corporate welfare, a corporation gets valuable technology. Hopefully the price paid reimburses NASA for the costs of development.

    10. Re:"Socialize losses, privatize gains" variation? by Fastolfe · · Score: 2, Insightful

      The government spent tax dollars for NASA. NASA did research that resulted in patents. The value of those patents is all that matters at this point. The rest is a sunk cost. An auction swaps two things of equal value: here, a patent license, and cash. NASA will be able to do more with the cash than they will with a patent. The company owner will be able to do more with a patent license than they can with the cash. For taxpayers, it's a zero sum, except now we have products coming to market that we wouldn't have had before.

    11. Re:"Socialize losses, privatize gains" variation? by Fastolfe · · Score: 1

      So in your world, where NASA would be forbidden from selling these patents, could you explain how NASA could recover the sunk cost of that research? The difference between the money you paid for the research, and the fruits of that research, is gone. It's not coming back. It's the value of that research (i.e. the patents) that matters now. NASA is converting that value from a useless thing (patent) into a useful thing (cash). You and your government have exactly the same value of assets as you had before.

    12. Re:"Socialize losses, privatize gains" variation? by wkk2 · · Score: 1

      There is an extra step: 3a. Sell so the government can spend more money now. Just like selling toll roads.

    13. Re:"Socialize losses, privatize gains" variation? by PPH · · Score: 1

      Option 2: NASA places their patents into the public domain.

      The company owner will be able to do more with a patent license than they can with the cash.

      Under option 2, the company can still produce products. And keep the cash they would have paid for the patent. So what the company is paying for with Option 1 is the right to run a monopoly. Meanwhile, the competition that would have kept prices down, and benefited the consumers (taxpayers) does not materialize.

      Lets hear it for Option 1. Mercantilism lives!

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      Have gnu, will travel.
    14. Re:"Socialize losses, privatize gains" variation? by Anonymous Coward · · Score: 0

      I don't agree with it, but it'd only be welfare if the receiver of the patents either didn't pay, or paid lower than market value, no? I don't know whether that's the case, but if it is *that's* what would make it welfare, not the very fact that patents are moving from government to private.

    15. Re:"Socialize losses, privatize gains" variation? by Detritus · · Score: 1

      NASA doesn't get a penny from the auction. All proceeds go straight to the U.S. treasury, like all money collected by the federal government. Only Congress has the power to make appropriations and spend money.

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      Mea navis aericumbens anguillis abundat
    16. Re:"Socialize losses, privatize gains" variation? by Fastolfe · · Score: 1

      A great point, but bear in mind that by removing patent protection, it allows any business in any other country to in turn profit from this American investment. Is that a better use of NASA research?

  10. Strange disparity between patents and copyrights by compumike · · Score: 4, Insightful

    For copyrightable material, "Works created by an agency of the United States government are public domain at the moment of creation."

    But here, for patentable material, it's clear that that is not the case. The theory goes that since the taxpayer paid for it, the taxpayer should get the rights to it. It's essentially always the case that the inventors will "assign" the work to the organization... but should NASA really be able to hold a competitive IP position when we're all forced to pay for its work?

    Think of the private spaceflight organizations, for example, who might want to enter similar fields. They're already being forced to pay for NASA's research (via taxes), but they're being excluded from the result, while the opposite (NASA forced to pay for private company XYZ's research without a return of IP) is not happening.

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    Hey code monkey... learn electronics! Powerful microcontroller kits for the digital generation.

  11. How to screw the U.S. Taxpayer by Anonymous Coward · · Score: 1, Insightful

    Gee, we paid for these patents. The end result of this will be higher prices when consumers end up using the results of this technology.

    If they wanted to promote technology, they should put these in the public domain; but instead they've opted to make some more money by screwing the people who provided the funding in the first place.

    This is also what Universities have been doing with public money and the patents they come up there, over the last 20 years. Which has lead, IMO, to less innovation (and a few richer professors). So, while NASA isn't alone here, the entire US government has plunged headfirst into doing their best to stifle innovation, and worsening the common good, all in the name of a few quick bucks.

    If today's stock market action is any indication, this whole steaming mess is about to come crashing down. But with NASA and the Universities approach, it will stay down for quite a while.

    When will they get it that the economy is better off by increasing innovation, rather than hindering it?

    Thank G*d we still have OSS left.

  12. The Public Owns That Stuff by Doc+Ruby · · Score: 4, Insightful

    It's bad enough that NASA patents its inventions at all. But perhaps it's occasionally necessary, to prevent dangerous tech from getting into private hands. And maybe if the patents were awarded to American holders strategically to "promote progress in science and the useful arts", which is the only basis patents have, from the Constitution, they might be worth their infringements on free communication and further innovation.

    But those inventions were paid for by the entire American public, as directed under the government elected by the public to serve the entire public. Simply turning them over to private corps for a little money doesn't justify the public investment.

    It's just another subsidy forced on the entire public on some special preference for some private corporation. I thought Republicans hated that kind of thing.

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    1. Re:The Public Owns That Stuff by chromatic · · Score: 1

      How would patenting (that is, disclosing the mechanism of an invention publicly in return for a government-supported monopoly in producing, distributing, and using that invention) prevent dangerous technology from getting into private hands? If those private hands can't afford it, that's one thing -- but very dangerous and well-funded private hands might not care that they don't have a legal right to produce, distribute, or use a publicly-disclosed invention.

    2. Re:The Public Owns That Stuff by Fastolfe · · Score: 1

      It seems to me that by patenting an invention, it allows the US government to ensure that only US companies (taxpayers) can exploit that patent. Making something the equivalent of public domain would seem to allow companies in other countries to profit from this research. It also seems plausible to me that the WTO might have a few things to say about the US government preferentially licensing patents to US companies.

    3. Re:The Public Owns That Stuff by Doc+Ruby · · Score: 1

      Well, I'm not talking about a death ray or anything. I'm talking about new tech that doesn't yet have any laws protecting the public from some danger posed by a new invention, but which patent laws could stop from distribution. Stuff that would make its possessor laugh in the face of patent laws or any other laws, because they've got more power, shouldn't be disclosed, and typically isn't, as a matter of national security. But violating a patent to make, say, some new radio jammer or eavesdropper is going to raise a barrier to the patent jumper, even if they do have a lot of lawyers, and a reckless disregard for public safety.

      But your question does show that patents are only very rarely justifiable at all. There is even less legitimate reason to put most NASA inventions that the whole country pays for into the hands of some single monopoly on it.

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    4. Re:The Public Owns That Stuff by Doc+Ruby · · Score: 1

      I like the idea of the US government requiring all patents it registers to be licensed or sold to only US companies, or else revert back to the US government.

      But I see no sign that such a policy is in effect.

      As for the WTO, if someone wants to sue the US government for preferring to subsidize US people, I'd like to see such an argument make a lot of noise, enough to get the US out of the WTO - or any other international trade regime that requires a "suicide pact".

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      make install -not war

    5. Re:The Public Owns That Stuff by CodeBuster · · Score: 1

      It's just another subsidy forced on the entire public on some special preference for some private corporation.

      It is not a subsidy because it is being sold at auction which means that if the patent is valuable then it will very quickly be bid up to its fair market value (or perhaps even higher) by competing interested parties. Some of them might want to use the patent to produce products while others might want to acquire the patent and use it to sue other firms that are infringing the patent. Either way, the auction is the best format to sell these patents because they are not generally sold as everyday items and nobody is exactly sure what the fair market price is before competitive bidding has settled it. It would be special preference if the government sold it for a low ball price to a preferred buyer in a no-bid deal (the same way they did with the no-bid cost plus Iraq logistics contracts) but this appears to be a fair public auction.

    6. Re:The Public Owns That Stuff by Doc+Ruby · · Score: 1

      When its "fair market value" is below the cost to produce it, a cost paid by the taxpayers, that's a subsidy.

      I didn't argue with the auction as the format to sell it. But I will, since you brought it up: the better way to award the patent, if that is at all appropriate, is strategically to a company that will provide the most public benefit (or patch a hole in a public liability).

      The problem is not the preference: that's a proper role for the government to play, when such preference is in the public interest. The problem is that the public interest doesn't seem to enter into these transactions at all. Only a way to subsidize some private interests, even if they have to fight among themselves for the privilege of being the one to win the prize.

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      make install -not war

    7. Re:The Public Owns That Stuff by justinlee37 · · Score: 1

      You don't even understand his complaint. People are upset because they feel that if tax dollars paid for the research, then the patent ought to be public domain, instead of sold to the highest bidder for a profit. That's like making everybody pay for the patent once, and then granting monopoly powers to whomever elects to pay for it twice.

    8. Re:The Public Owns That Stuff by CodeBuster · · Score: 1

      Well remember that once the government takes your money in the form of taxes then the money and anything they choose to spend it on belongs to the government and they are free to dispose of it as they wish and according to their own requirements. Personally, I would prefer it if they didn't take quite so much in the first place, but that is another discussion. The government is supposed to act in the best interest of the American people (which includes managing public assets wisely), but they often fail to do that. What would the government do if it didn't sell that patents and sat on them instead? Look the other way as people, including foreign companies, infringe them? Continue to have the sunk cost of the research on the book without earning anything from the resulting patents (even if the final sale price is less than the cost of the research, at least the research was less of a loss after the sale). Perhaps they could license them, but then we are just haggling over price not whether or not the patents should be sold because of present value. If the patents are released into the public domain then everyone, including people in other countries who don't pay American taxes, gets to use the patents for nothing. You could try and make sure that only Americans can use them without paying, but who is going to track down and sue offenders? The government? No, the best course is divestiture for the best price determined at auction.

    9. Re:The Public Owns That Stuff by CodeBuster · · Score: 1

      The better way to award the patent, if that is at all appropriate, is strategically to a company that will provide the most public benefit (or patch a hole in a public liability).

      That is not necessarily true. Extra money in the US Treasury is clearly a benefit that everyone can agree on proportional to the amount of extra money deposited. Determining whether or if gifting the patents to domestic strategic companies would benefit us all more is much more difficult to than cash up front. If it were put to a public vote then I would vote for auction with money going into the US Treasury or better yet redistributed to all Americans as a one time cash rebate (i.e. total amount of sales / divided by number of taxpayers) equally distributed (this would not be as fair as rebating more to higher taxed and wealthier citizens, but it is more progressive which should appeal to the Liberals among us) among taxpayers.

    10. Re:The Public Owns That Stuff by Anonymous Coward · · Score: 0

      But perhaps it's occasionally necessary, to prevent dangerous tech from getting into private hands.

      Not the way to go. By definition, patents require that the technology be disclosed. Sure, you can keep it out of private hands in the sense that a company can't publicly make use of the tech -- i.e. can't sell and profit from it. But the public description of the tech means that a hostile group or government would have access to all they need to make use of the tech.

      Trade secrets is the way, without patent protection, to keep the tech from distribution.

    11. Re:The Public Owns That Stuff by justinlee37 · · Score: 1

      Your argument is very Nationalistic, but that's another discussion. It's also very this-or-that; we can either sell them, sit on them, or give them to everyone. Couldn't the government, say, give American corporations all equal rights to use the patented technology? Of course, nevermind that prosecuting patent offenders outside of the country is hard to do and rarely happens.

      Selling the patents to the highest bidding companies is less likely to create perfect competition.

      The patents are just as likely to be infringed upon if a private company makes use of them as they are if all American private companies make use of them, and America suffers the same blow.

      Who cares if NASA goes into the red on paper? They produce a subsidized public good (space exploration) and as we know the level of spending on public goods tends to be below that of what is truly needed; that's why we need government to allocate taxes in the first place.

      Since the government is there for the benefit of the people, it shouldn't matter whether or not the economic gains of NASA's work show up on NASA's checkbook or the checkbooks of the American citizens and companies. The government's job isn't just to keep itself funded, it's to keep the entire macroeconomy funded, and they should be looking at the problem from that perspective.

      If gov't agencies losing money is some sort of a problem, that just means that we're spending beyond our means. It doesn't mean that we shouldn't expect to lose money on important things like roads or space exploration.

      Releasing those patents into the wild gives the consumer the best bargain, and that raises his real income. Selling the patents puts money in NASA's pocket, and money in the pocket of whichever corporation purchases the monopoly. This is just about power and control; people want to elevate their own departments, forgetting the true mission of the organization.

    12. Re:The Public Owns That Stuff by Doc+Ruby · · Score: 1

      Extra money in the US Treasury is circular logic. The value of money in the US Treasury is in what is its benefit to the public when it's spent.

      We don't invest in the public benefit by a public vote. We have a republic, the entire point of which is to use representatives of the public to focus government decisions in manageably small groups. Like NASA, which doesn't design Space Shuttles on the first Tuesday in November.

      We have a government that has done a largely excellent job of investing in technology, by any measure. Even if not measuring by intangibles like global leadership, inspiring generations of Americans to beat all kinds of challenges, the economic ROI on the space program is unbeaten anywhere. And that includes tech transfer to American industry.

      Properly transferred, NASA tech returns a lot more money to the taxpayers' pockets than they pulled out to send to NASA. And unlike spending that money directly on individual corporations' products or their equity to fund their R&D, the scale of the returns is nationwide. And then there's those intangibles that inspire the entire nation, and the world.

      Sure, Conservatives (er, "libertarians") want to privatize all government. But corporate anarchy is not just a fabulous way for a nation to become first meaningless and next overrun by actual countries. It's also the road to monopolies, which are about the most wasteful economies, accomplishing little but keeping their monopolies, and returning little on investment compared to a properly managed economy under a Constitutional democratic republic. Oh, and the other ways are anti-American.

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      make install -not war

    13. Re:The Public Owns That Stuff by Gavagai80 · · Score: 1

      perhaps it's occasionally necessary, to prevent dangerous tech from getting into private hands

      A patent is an easily-searched publication of the specifications for doing something. If it's dangerous in the wrong hands, patenting it is the absolute last thing you want to do. Bad guys aren't scared by "here's how to do this -- but we'll sue you if you do it."

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    14. Re:The Public Owns That Stuff by Doc+Ruby · · Score: 1

      "Dangerous to the person building it" can be minimized by patents. Not all dangerous tech is dangerous enough to risk getting shut down by a patent violation, especially when the point of making it is to profit, not lose money, even if you look badass doing it.

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      make install -not war

  13. "The public owns it" by Arthur+B. · · Score: 1

    No. No one can own a patent, not a person, not the public, not a corporation, not the government, not NASA. An invention is not property, it cannot be owned. Replicating a process does not infringe on property rights.

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    \u262D = \u5350
    1. Re:"The public owns it" by Anonymous Coward · · Score: 0

      Oh for $Deity's sake!

      The invention isn't the property, the patent is. You can't "own" anything but a set of legal rights to a thing, no matter what the thing is. No one has the authority to grant you ownership over land, your car, or your stapler. The entire idea of "ownership" is an artificial legal construct. Property is nothing more or less than a government-backed set of exclusive rights. Without law, you can only possess something, but that only works so long as your force holds out over competing forces.

      If it's a system of physical exclusion, it's only yours so long as someone stronger doesn't come along who wants it. That's not ownership, because inherent to the idea of ownership is that someone doesn't have a right to take it from you.

    2. Re:"The public owns it" by Arthur+B. · · Score: 1

      You can indeed own legal rights to prevent everyone from copying your invention, but that would imply buying those rights from everyone. Merely filing a patent does not legitimately grants you right over what other people can do with their property. The whole idea of a patent is that you homestead an "invention" and thus that you can exclude others from it, this is, as I said, making the assumption that an invention is property.

      Property is nothing more or less than a government-backed set of exclusive rights.

      Would you say Nazi Germany did not steal anything from the Jews since they got to define property ?

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      \u262D = \u5350
    3. Re:"The public owns it" by Anonymous Coward · · Score: 0

      but that would imply buying those rights from everyone.

      No, it would imply not granting them to anyone without negotiation, which is exactly what happens.

      this is, as I said, making the assumption that an invention is property.

      No, because the patent IS the property. It can be bought and sold, created and destroyed, transferred and assigned, possessed and dispossessed.

      Property is the power to exclude. That's the patent, not the subject of the patent. Patented processes and methods can produce further property by outputting objects that can be bought and sold, created and destroyed, transferred and assigned, and possessed and dispossessed.

      Ignoring your Godwin, the definition of property was never changed, so that would not be the case, no. What was taken from them was still property rights, but property law would not be a source of restitution.

    4. Re:"The public owns it" by Arthur+B. · · Score: 1

      No, it would imply not granting them to anyone without negotiation, which is exactly what happens.

      The right to do something with my work and my property (like building a bicycle) belongs to me. How exactly do you inventing the bicycle deprives me of that right... how is it that you have to grant it to me?

      It can be bought and sold, created and destroyed, transferred and assigned, possessed and dispossessed.

      The patent is a bundle of right, and a bundle of right is property, but these rights where expropriated. If a patent is property, it is stolen property.

      Property is the power to exclude.

      You are 100% correct, I am pleased we agree on this very important matter. I should add that any right is a right to exclude.

      Ignoring your Godwin

      How convenient. Godwin involves comparing you with Hitler, I didn't. You made the most crude legal positivist statement in your comment. The classical way to remind people that legal positivism is wrong and immoral is to remind them of Nazi Germany.

      I assume you also believe you have the right to live because your government says so? Atta slave!

      the definition of property was never changed, so that would not be the case

      We agree on the definition of property, but governments do not decide who property rights belong to. No more than I can say "your life belongs to me" and force you to serve me. Rights are natural, they derive from self-ownerhsip and homesteading, not from what a bunch of ruling thugs arbitrarily decide.

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      \u262D = \u5350
    5. Re:"The public owns it" by Anonymous Coward · · Score: 0

      How exactly do you inventing the bicycle deprives me of that right... how is it that you have to grant it to me?

      Patents don't cover independent creation. If you build a bicycle without ever seeing my patent, you can do it. What you can't do is wait for me to solve a problem and share it on terms than ensure compensation, and then just copy it.

      The patent is a bundle of right, and a bundle of right is property, but these rights where expropriated.

      Now you're just changing your tune. The patent is the property. Any problem you have with that system is irrelevant to the fact that you insisted, quite wrongfully, that the invention was property. No physical item is property in the legal sense.

      The classical way to remind people that legal positivism is wrong and immoral is to remind them of Nazi Germany.

      On the contrary, only a total failure to comprehend would get you there. Nazi Germany has nothing to do with property law, nor does it have anything to do with a legal system. It is a societal failure. The legal system worked fine. Laws reflect the will of the society that enacts them. It's an obnoxious ploy and a distraction to attempt to use it in a discussion about patents. It's crass, and it's highly indicative of what sort of person you are.

      We agree on the definition of property, but governments do not decide who property rights belong to

      These two are mutually exclusive. Property is a set of exclusive rights. In a governed society, rights are backed by the government. Natural rights are not enforceable, except in anarchy. Governments do decide who property rights belong to. Without the government, you would not be the owner of your home.

      Rights are natural, they derive from self-ownerhsip

      The idea of ownership is not natural.

  14. An eBay auction perhaps? by Anonymous Coward · · Score: 1, Funny

    Item is of fantastic quality! The packaging was notably fine. Swift to send. A+++

  15. The Best Way? by MozeeToby · · Score: 4, Insightful

    They claim they want to sell the patents so that the technology is available for American businesses? Wouldn't the best way to do that be to not patent them at all in the first place? Or at least liscense the patents cheaply to any and all interested American businesses?

    We already paid for the research once, now we'll end up paying for it again when some company begins gouging prices because they hold the patent and no one else can compete.

    1. Re:The Best Way? by Theoboley · · Score: 0

      That's called creating a monopoly. There are laws in effect to prevent that.

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      Stupidity only gets you so far, then you've gotta try
    2. Re:The Best Way? by SomeJoel · · Score: 1

      These laws you mention are suspended as it relates to patented material until the patent expires.

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      <Complete your profile by adding a signature!>
  16. Only you can prevent orbital bombardment. by mrmeval · · Score: 4, Funny

    The only way they could possibly pay me back is to go back to the moon and deliver several thousand payloads of rock to DC. That should cover any debt they owe me nicely.

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    I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
    1. Re:Only you can prevent orbital bombardment. by floatingrunner · · Score: 0

      say yea... where can i get one of them sattelites weapons for my *along with hand quotes* "death star"

    2. Re:Only you can prevent orbital bombardment. by Anonymous Coward · · Score: 0

      ... several thousand payloads of rock [at balistic speed] to DC ...

  17. The same Ocean Tomo ... by DrJimbo · · Score: 1

    ... that was part of the SCO scam?

    Great.

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    We don't see the world as it is, we see it as we are.
    -- Anais Nin
  18. Couldn't they make a ton more money by WiglyWorm · · Score: 2, Insightful

    by liscencing them?

    1. Re:Couldn't they make a ton more money by lee1026 · · Score: 1

      Assuming everyone is rational and is perfectly informed (aka an abstraction of reality that is not really true) then the money they make from selling it should be the exact same as they would get from licensing it.

  19. Say what? by miffo.swe · · Score: 2, Insightful

    Correct me if im wrong but since when did NASA fund its own research instead of receiving enormous sums of money from the taxpayers? From where i stand this does look like NASA wants to cash in twice. US taxpayers have already paid for the patents once.

    These patents should be free to use for Americans but by all means use them competitively against the rest of us.

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    HTTP/1.1 400
    1. Re:Say what? by Fastolfe · · Score: 1

      The sum of the money you've paid NASA in taxes, and the value of NASA's cash and assets, will not have changed at the instant this deal goes through. The value of the patents will be converted to real cash. If you buy products from the company that wins the auction, you will pay for the company's expenses (the value of the patent), because it will be priced into their products, but the cash originally taxed for NASA is still in NASA's hands (minus the difference in value of the research vs. patent, which is a sunk cost and unrecoverable no matter what you do).

  20. How old are these patents? by kaaona · · Score: 1

    I don't suppose anyone knows when those patents were granted and how many years before they expire. If Engulf-And-Devour, Inc. wants to pay for a patent that's got three years left on the clock, that doesn't seem quite as bad as EAD, Inc. snapping up a patent on a technology or process that has 15 years left on it.

  21. hmmm... why not by Anonymous Coward · · Score: 0

    ... put 'em in the public domain and ask for donations? They've already been paid for by the tax payers... our band usually makes more money at gigs where we ask for donations than at those where we charge for admission. Just a thought.

  22. I swear I understand this the first time I read it by Elementalor · · Score: 1

    If NASA patents to be auctioned, does it mean that my parents will have to pay NASA if they want to auction me?

    ::ducks..::

  23. Why is it that using that word... by msimm · · Score: 1

    'Government' makes it sound like you're talking about something somehow different or greater then yourself.

    I mean, the people did the research, which was funded by...the people and now a small group of people want to sell it to private interests. Sometimes people need to remind people who and what their government is for. Sometimes we even need to remind ourselves.

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    Quack, quack.
  24. Only patents? No Aliens? Boring! by PolygamousRanchKid+ · · Score: 1

    Patents, schmatents.

    I want to bid for the Aliens that NASA secretly captured!

    Well, some Alien technology would be cool, too.

    Does the US Patent Office have jurisdiction over Alien Intellectual Property?

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    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  25. I had the same reaction by Presto+Vivace · · Score: 4, Informative

    this is our property.

  26. What is NASA anyway ? by billcopc · · Score: 3, Insightful

    Pardon my unamerican ignorance, but what is NASA exactly ? If they are a government operation, shouldn't these patents be delivered to the public domain ? After all, they are the fruits of tax dollars.

    Maybe I have a weird, overly accurate definition of democracy, but it seems as though government property should be considered public property... but hey, don't mind me and my commonwealth mindset. I'm just a cocky Canadian after all.

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    -Billco, Fnarg.com
    1. Re:What is NASA anyway ? by Overzeetop · · Score: 1

      No, you see there's this "governmental" organization which, while funded by the taxpayer, could waste far more money every year than they could ever hope to get from the US congress. Apparently $20B doesn't go as far as it used to. So instead of getting rid of expensive luxuries, they decided that they could make a few more dollars by selling some of these patent rights. Oh, sure, they could just release them to the public, but then they wouldn't benefit form them.

      You see, NASA is no longer a truly "governmental" organization. It's a corporate welfare organization which hands over most of the tax dollars it gets to contractors who spend the money to make sure there's enough work to go around for all their employees. As, quite honestly, they should. They're corporations. The problem is that congress is complicit, as the money they dump into the corporations is really funneling money back into their own districts. That's one reason that NASA installations are spread far and wide. You have to make sure that if you're going to spend a lot of money, everybody get a share.

      Think of it as playing golf, and once you get to the green, everybody agrees to pick up their putts instead of putting them. As long as everyone gets to cheat the system a bit, everybody agrees. Of course, golf is a gentlemens game, so such tomfoolery is against the rules. But in congress it is (pardon the expression) par for the course.

      No, if we really wanted an efficient NASA, we'd fire all the contractors, hire the best talent, and keep them busy on projects of scientific importance. A few percent of idle hours as projects shift focus is trivial compared to the money wasted on contracts and contract administration. Of course, we'd also scrap manned spaceflight for the time being. Oh, we wouldn't have to get rid of it - it could be part of a new jobs program for top test pilots and well-spoken PhDs who like scuba, physical fitness, and flying private aircraft. Don't get me wrong; manned spaceflight is one of the coolest things on (or beyond) earth, and I wanted to be an astronaut too. It just seems to be a shame to funnel so much of NASAs resources into a poorly managed program which only gets off the ground a half dozen times a year. I say hire the best and brigthest to really develop the next generation and hire new kids to fly the ships when you get there. If Storey Musgrave is still around, you can put him as head of the new department. Oh, and don't hire anybody from Thiokol...they appear to believe that any new space vehicle should have a pair of SRBs strapped to it.

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      Is it just my observation, or are there way too many stupid people in the world?
    2. Re:What is NASA anyway ? by whitroth · · Score: 1

      No, it's management, who are no longer the folks who said, "failure is not an option", but are the time fillers who want their pension.

      Since my wife, who worked as an engineer on the Shuttle and Station at KSC for 17 years (through 2001) tells me this about management there, I believe her. She also says they don't have enough *techs*, but they use the money for more, and more well-paid (and unqualified) managers.

      Why do you *think* we don't have a replacement for the Shuttle *now*? What takes nearly 30 years, and nothing available (except Soyuz)?

      She says to fire all managers over GS-13, hire *no* one who's not an engineer (one of her former managers "used to brag that his degree was in typing"). There should be *no* technician jobs unfilled before any new managers are hired.

      Hey, if "flattening management structure" was good for US business, why not NASA?

                    mark "preferably with a hammer"

    3. Re:What is NASA anyway ? by dyslexicbunny · · Score: 1

      You're getting to the crux of the problem but missing the real problem. NASA hires contractors and government employees. Contractors are paid more but essentially the first to go. Government employees are almost impossible to fire. Typical practice is to reassign undesirable people to undesirable positions such that they leave on their own.

      This is the problem with many government positions. Once you realize you can collect a paycheck and not work, you could just sit on your ass. Those folks that do this know they can get away with it. How do you fix it? Well if I had that answer, I'd be offering services to governments across the board.

      Another challenge with NASA is that motivation is typically changed every 4 or 8 years by the new President. So unless there is an agreement that certain things need to be funded, programs and directives often change. My lab got hit hard by Bush's new plan for space. Although it looks neat when your lab is funded heavily by Aeronautics and the Space division gets money from all three branches instead of increasing the budget, you don't tend to like it. It's hard to stay motivated when your work gets redirected and what you were hired to do isn't what you're doing.

    4. Re:What is NASA anyway ? by Overzeetop · · Score: 1

      Yeah, many who "can" have gone other places to get more reliable employment. What gets left are the chair warmers. The problem is that it's institutionalized now, and I don't think you can turn that ship around without a major overhaul. And I don't mean renaming the directorates and giving them different numbers or letters.

      I feel sorry for having to do stuff at KSC. I saw some annoying stuff with the unions while we were there, and even had one come up to us to complain because we had (gasp) engineers working on hardware. We were lucky that there were no union limits on us, since we weren't from KSC (I was Goddard). That was a long time ago though, so I don't know if its still that way.

      I was dead lucky - every manager (save one) in my group was a hard-core engineer, and knew their stuff inside out. I was kind of a slacker back then, and I feel bad about it. Don't get me wrong - I did stuff, but it wasn't always the most efficient way to get the mission accomplished. If I could go back again, into the same environment, I probably would. Now that I've run a company I have a much deeper appreciation for efficiency. Of course, I now also understand some of the frustrations my supers had with top brass.

      --
      Is it just my observation, or are there way too many stupid people in the world?
  27. Wrong approach by Sockatume · · Score: 1

    Experience has shown us that the correct way to make money off unexploited patents is to sue people in the Eastern District of Texas.

    --
    No kidding!!! What do you say at this point?
  28. I Smell A Rat by mpapet · · Score: 3, Interesting

    Question: HOW does it come to pass that the contractor was awarded this?

    James E. Malackowski (CEO of the auction firm) is very well connected in government. He sits on the board of the non-profit running invent.org, whose main sponsor is the USPTO.

    His campaign contribution record is decidedly democratic, but the contribution to Henry Hyde's reelection campaign is interesting.

    Is this the proverbial "Smoking Gun?" No. But probably a case of paying into the system to stay inside the beltway on these issues and pick up a contract along the way.

    What I didn't do was see if this was your average "no-bid" private contract for cronies and whether the dollar amount would qualify the matter as a violation in the contracting process. Please contribute!

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  29. First dibs by BigJClark · · Score: 1


    Shotgun velcro!!!

    --

    Hi, I Boris. Hear fix bear, yes?
  30. Patent trolls by Anonymous Coward · · Score: 0

    What if patent trolls buy them and wait for someone to use a similar technology then sue? This would be HUGELY counter productive, I hope they prevent this from happening.

  31. ObFuturama by istartedi · · Score: 1

    Farnsworth: "Hey! Unless this is a nude love-in... get the hell off my property!"
    Free Waterfall Junior: "You can't own property, man."
    Farnsworth: "I can. But that's because I'm not a penniless hippie."

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    1. Re:ObFuturama by QuantumG · · Score: 1
      --
      How we know is more important than what we know.
  32. Donations Link by mpapet · · Score: 2, Informative

    Mr. Malackowski's donation record: http://www.newsmeat.com/fec/bystate_detail.php?zip=60657&last=Malackowski&first=James

    Like the others, NASA should license the patent and collect revenues. Selling it outright is simply giving it away.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  33. Re:"Free Tang" by Anonymous Coward · · Score: 0

    "Maybe NASA is planning on paying us back?"

    Free Tang for everyone!

    Oh no. I'm not falling for that again. Still paying for the last "Free Tang" I was offered.

  34. Of course not! by PRMan · · Score: 1

    If a pig farmer gets a subsidy, you can't go take a pig.

    Of course not. Because there isn't one. Because they paid them to NOT raise pigs...

    Sheesh, come on people, don't you know how pig farmer subsidies work?!

    --
    Peter predicted that you would "deliberately forget" creation 2000 years ago...
  35. basic econcomics by DaveGod · · Score: 1

    Actually this could be quite sensible and in the interests of the public.

    Licensing patents means doing it as a business. Public sector bodies are notoriously bad at business. Much more efficient to make one effort to get a good value from trading the tech.

    The proceeds of the sale will go back to NASA but then the government cuts their budget. One way or another the funds get back to the taxpayer. Yes, you may pay for the technology 'again' by means of consumer product, but by then you've already had an indirect refund from the first time you paid.

    As would ordinarily be expected in a commercial transaction, NASA would sell the patent but retain royalty free usage rights. Alternatively they could set the royalty rate but of course only if the increased value of the trade exceeds the cost of the royalties.

    Assuming NASA complete the process correctly, the consideration is whether society benefits more from open and free use of the technology, or from the sale proceeds. Discussion here has argued the former, without citing any basis for either the specifics or the principle.

    In some situations, free use tech allows a free innovation with it. In others, the zero barrier to entry could make any further investment in the technology very risky. The temporary monopoly aspect of patents is required because when a competitor follows, they do not repeat your expensive mistakes. Having a few patents does not mean everything else will follow perfectly.

    I'm not trying to argue the auction is a good thing, but that the numerous arguments posted stating it can only be a bad thing are utterly flawed. There's not nearly enough information to decide either way.

  36. I hope it is just the rights to sell to consumers by modmans2ndcoming · · Score: 1

    If it is full rights, then NASA will start getting sued for infringing on the patents when they build a space craft.

  37. Time to break the patents by thogard · · Score: 1

    Does anyone have a list of the patents numbers?
    Some of the space based GPS stuff already has prior art and I expect all 6 of them can be broken before the auction.

    US Government research belongs to the citizens of the US. If they want to license these patents internationally, great but they need to go to great lengths to ensure that US citizens don't pay twice.

    Maybe the EFF should see if they can get this reconsidered.

  38. We own NASA by kwerle · · Score: 5, Insightful

    Your cut is a wealthier NASA.

    1. Re:We own NASA by Anonymous Coward · · Score: 1, Insightful

      Cut right out of the deal.

    2. Re:We own NASA by Anonymous Coward · · Score: 0

      Usually when a government sells off assets, it is the private company which benefits from the deal and the State which looses out. Why? Because invariably, those sales are driven by zealots in the government who don't like communal ownership and would rather the goods were in private hands.

      Whatever NASA gets from the sale it won't be as valuable as the assets it has thrown away.

    3. Re:We own NASA by hey! · · Score: 3, Insightful

      Not really. NASA is not run as a profit center, so this doesn't add a nickel to its budget. If you want to know where the money is going, you've got to look at the budget busters for current spending: the Iraq war, federal highway spending, flood insurance, that sort of thing.

      This is just a kind of LBO style ideological stunt. When the constituent assets of a company are seen as more valuable than the company, you start selling them off.

      What is worse, by selling the patent, the government in effect competes with other inventors. If the government beats an private inventor to the punch, he is not only deprived of the patent, he is unable to use the invention, unless the government chooses to license the patent as widely as possible. In that case, any work he does around that invention is not only usable, it may result in new inventions. So government inventions benefit everybody working in the field, until they are sold. At that point they benefit the highest bidder exclusively. And that's what this is about: turning public property to somebody's private benefit. The money is a minor side effect.

      We can see the same attitude in attempts to hinder public access to public data like weather forecasts, except through a third party vendor who ponies up considerable dough. It's not the income that matters, it's the exclusivity. Like clean air, information has no market value until you are forced to pay for it.

      The inability to see a common good in something like technological spinoffs from space exploration means that the whole activity is seen as worth less than the sum of its assets. This is not about enriching NASA, it's about liquidating any value it might have.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    4. Re:We own NASA by Taxpaying+Sucker · · Score: 1

      I suspect any funds received will be used as justification for cutting the budget in the future so the hope for a better funded NASA will be thrown under the bus. If the patents were made available to the general public, as are many other government assets, then competition would keep prices in check for those who exploit these assets. Even leasing them for a royalty stream wouldn't help (IMO) since that revenue stream would undoubtedly be cited as reason to cut the NASA budget, while any licensee would bring home big profits if they had exclusive use of the patent(s). The only way we the people could benefit is if the property were made available to the public at large.

  39. Dedicate them. by Dogun · · Score: 1

    Patents exist to promote scientific advance.

    The science has already been advanced. Dedicate the patents to the public, and let them work toward future advances based on those patents. If someone wants to try and sell you a system based on those patents, they deserve the benefit of competition.

  40. NASA needs the money by Tired+and+Emotional · · Score: 1

    They are going to need to sell a lot more of these to fulfill their goal of putting George Bush on Mars by 2020.

    --
    Squirrel!
  41. How does that work? by zogger · · Score: 2, Insightful

    Is that like how the FCC auctioning off the public airwaves to the same telco cartel makes us a wealthier FCC?

    1. Re:How does that work? by kwerle · · Score: 1

      I don't suppose it is all that different - except that NASA does science that generates Patents (and ball point pens), and I don't think the FCC does.

    2. Re:How does that work? by davolfman · · Score: 1

      Actually that got little $40 gift cards sent out to anyone who wants them.

    3. Re:How does that work? by zogger · · Score: 2

      You mean for the analog to digital converters? I suppose so, but sort of chintzy. I would much rather-just a for instance from the FCC, YMMV- to legally be able to put up a micro AM or FM radio station-say even just 10 or 20 watts- and be able to run commercials on it, or even a SSB on the shortwave without having to pay ridiculous monthly fees. I mean, how "crowded" is shortwave now? As it stands, you have your choice of either being a millionaire or a millionaire to have any sort of practical at least might pay for itself radio station.

      My point was the alleged public government sells stuff to cartels or monopolies all the time and calls that a good deal for the consumer, and I think it sure ain't. Look at the chump change we get for oil and natural gas taken off of public lands, and even then it isn't audited, they just take their word for it how much is pumped out. That should go instead to a national coop type structure, and people could at least get a certain small monthly fuel allowance at cost or damn near. The NASA patents were already paid for, they should just release them to the public gratis, see what people can do with them.

  42. Theft by Count_Froggy · · Score: 1, Flamebait

    Why are you surprised???

    Since when would this matter to Bush and his greedy cronies? Some of Bush's buddies will make a lot of money and McCain will be able to say "I know nothing, nothing..." while dressed as Sgt. Schultz.

    Not the first time. A number of years ago George Bush approved the conversion of a generic prescription drug (five manufacturers) on the market for over 40 years [that I'm dependent on] to one of his 'pals'. It became an over-the-counter product with only one manufacturer at only .25 and .50 the dose. This item went from $5 for a 90 day supply to $30 for a two week supply; I'll leave the rest of the math to you. Oh yes, no longer available in bulk at all.

    "Healthcare Reform"

    --
    If I am not for myself, then who will be for me? If I am only for myself, what am I? If not now, when?
  43. News? (with comics) by DynaSoar · · Score: 1

    The only news here is the Ocean Tomo partnership. NASA has had an office specifically to sell its patents for decades. I used to subscribe to their magazine.

    As for the comics, isn't this just a spiffy bit of journalistic disinegnuity? After figuring it out, I still hit speed bumps when reading it: "...which NASA wants to leverage in commercializing its technology." Yeah, well, "Verbing weirds language." -- Calvin and Hobbes

    --
    "I may be synthetic, but I'm not stupid." -- Bishop 341-B
  44. Anyone find a link to the actual patents? by Anonymous Coward · · Score: 0

    A relative of mine was one of two scientists on a NASA patent a while back, I believe in this field.

  45. See if I pay taxes ever again by Joebert · · Score: 1

    Wasn't NASA funded using US tax dollars when these patents were granted ?

    --
    Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    1. Re:See if I pay taxes ever again by dwye · · Score: 1

      > Wasn't NASA funded using US tax dollars when these patents were granted ?

      And now it will return money to the government coffers. NASA, as an agency of the government, can no more keep its revenue than could the IRS or the Customs Service.

      If they *are* permitted to keep the money in NASA accounts, then their appropriation will go down until the accounts are exhausted.

  46. Licensing not selling by Anonymous Coward · · Score: 0

    It looks like the headline is a bit misleading, according to this release at NASA they are licensing and not selling the patents. Still, as inventions created with public money they should be available to all.

    http://www.nasa.gov/centers/goddard/news/topstory/2008/ocean_tomo.html

    If you've got concerns here are the people to contact:
    Darryl Mitchell at 301-286-5169 or Darryl.R.Mitchell@nasa.gov or Connie Chang at 240-482-8204 or cchang@oceantomo.com

  47. Fearing Election Loss, Republicans Dump Govt Stuff by Anonymous Coward · · Score: 1, Funny

    Fearing Election Loss, Republicans Dump Govt Property while there's time.

  48. Time to feed the patent trolls... by mikael · · Score: 1

    Just imagine giving the rights of ownership of these patents to the patent trolls. They will be suing the entire industry until the expiry date of these patents.

    --
    Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
  49. The patents in question by Anonymous Coward · · Score: 0

    Let's take a look.$75K min bid: 6,211,822; 6,278,404; 6,593,879; 6,594,582; 6,760,664; 6,844,856.

    Right in the first patent listed (and I suspect, the rest):
    The invention described herein was made by employees of the United States Government, and may be manufactured and used by or for the Government for governmental purposes without the payment of any royalties thereon or therefor.

    -- so, if "the taxpayer" wants to use the invention for the benefit of "the taxpayer" (e.g. on some future spacecraft).. there's no fees due.

    OTOH, a private company will have to license it (just as they would now, without the auction)

  50. We used to own NASA by conureman · · Score: 1

    I want more.

    --
    The cost of that cleanup, of course, will be borne by taxpayers, not industry.
  51. Privatisation by conureman · · Score: 1

    What, you think "The People" should benefit or something?

    --
    The cost of that cleanup, of course, will be borne by taxpayers, not industry.
  52. Re:Strange disparity between patents and copyright by Anonymous Coward · · Score: 1, Informative

    As somebody who is a contractor for NASA you should see all the shady stuff the lawyers come up with to get around their "public domain problem".

    A common tactic is to hire a contractor (like me), have the company they are working for claim copyright, then have that company transfer the claim to NASA. This is to use a loophole that takes advantage of the fact that government agencies can own copyright, but not create it.

    The new one they've come up with how is to copyright things as "Copyright by United States Government as represented by the Administrator of the National Aeronautics and Space Administration" (You'll see this one on WorldWind). I'm not sure about the legalese of it, but I'm assuming it's some loophole due to the NASA administrator being a political appointee that would allow them to assign copyright to him.

  53. That's absurd! by Donovon · · Score: 1

    They used public monies to develop those patents, they should release the pattented material to the public domain! -D

  54. To the mattresses! by conureman · · Score: 1

    What a righteous and beautiful thought, man. Took me back to the olden days of my youth. Thank-you.

    --
    The cost of that cleanup, of course, will be borne by taxpayers, not industry.
  55. Equitable terms? by conureman · · Score: 1

    I'm guessing that the fraction of a percent which is the profits on our investment will have many zeros between the decimal point and the significant digits.

    --
    The cost of that cleanup, of course, will be borne by taxpayers, not industry.
  56. This happened before with the AIDS drug AZT.... by Anonymous Coward · · Score: 1, Interesting

    Wikipedia
     
      The government always sells the patents for the cheap, and then the company forces us to pay crazy prices for the product. In this case, the patent started with the implementation of the drug into a treatment. It was patented for 41 years after discovery, instead of 17.
     
    D:

  57. Frozen Orange Juice Concentrate by Moof123 · · Score: 2, Interesting

    One of the big success stories from the agriculture department (I think) decades back was the development of the low temperature processing of orange juice to make concentrate. It spawned a whole industry benefitting the whole country (and world). No patents or royalties, we the people just got to enjoy orange juice year round.

    I have moral problems with the government getting patents in the first place, sort of a conflict of interest there...

    Should be public domain, publish it to make it public domain.

  58. I'd like the patent... by dosh8er · · Score: 1

    ...on Teflon... that could be lucrative... Okay, I'm going to drool over MAVEN

    --
    This useless space for sale, inquire at front desk.
  59. Business plan by dcollins117 · · Score: 1

    1) Bid on NASA-funded technology patents.
    2) Sue NASA for patent infringement.
    3) Profit.

  60. Use it to pay back the people by PalmKiller · · Score: 1

    The proceeds need to go back into the social security system, the government needs to start paying back what they borrowed for the war.

  61. Robber Barrons by bussdriver · · Score: 1

    Robber Barrons.

    This is more of the SAME THEFT under the religion of "free market." I bet you that most americans think most discovery comes from the "market" -- after all, the establishment has been advertising the superiority of their belief system for a few generations.

    Those who do not UNDERSTAND history are doomed to repeat it. Next up: The Fall of the Roman Empire or Fall of British Empire?

    Against the war= you hate the troops
    Against corrupt officials= you hate the country
    Against greedy banks= you hate the economy
    Against deregulation= you hate the Capitalism/America (they conflate them)
    Against anarchist healthcare= you hate the insured ...
    Against Sara Palin= you are sexist

  62. You're thinking of copyright... by p3d0 · · Score: 1

    ...but it would seem logical that the same would apply to patents.

    --
    Patrick Doyle
    I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    1. Re:You're thinking of copyright... by mog007 · · Score: 1

      Patents can be released to the public domain just like a copyright or a trademark. And I'm surprised that NASA has managed to get patents that are older than 21 years old. Aren't their computers still running on vacuum tubes, or maybe first generation transistors?

      Integrated circuits guys, they're the FUTURE.

  63. What this does to NASA's budget by ElectricEuphonium · · Score: 0

    is that whenever we need to defend the need of an expensive space agency, we always use the argument "well, look at all the great stuff that has been invented in the process of doing this". Unfortunately, it would seem that this argument might not be very convincing to others eager to cut our space and science budgets in the future if we start hording and privatizing these inventions and not giving them back to the public.

  64. Moon to earth energy calculation? by mrmeval · · Score: 1

    Ballistic is 2000fps or so. I think if it's from the moon it's somewhat faster but the math escapes me. So how much energy would say 20 payloads of 2,000lbs each deliver to the earth if nudged barely enough to get there from the moon's orbit? We'll assume that the Mike the supercomputer is doing the nudging.

    --
    I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
  65. Better to License the Patnets! by EricTheO · · Score: 1

    Wouldn't it be better to collect Licensing Fees on those Patents? Selling them off is not such a good idea in the long run. Seeing as how industries like to inflate costs based on holding patent rights, I find this a bad idea. It's akin to Privitizing Social Security. By the way how's all that, "Let that Market regulate itself", talk working out for you?

    --
    -Eric