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Top Microsoft Execs Moonlighting For a Patent Bully

theodp writes "TechFlash reports that Microsoft bigwigs like Craig Mundie and Bill Gates (when he still worked there) have been secretly moonlighting at Intellectual Ventures (IV), the 'patent extortion fund' run by Bill's pal Nathan Myhrvold. A Microsoft spokesman confirmed that its technologists have been sitting in on IV-sponsored 'innovation sessions,' where their pearls of wisdom were captured and turned into patent applications for Searete, an IV shadow corporate entity. And if all goes well, Searete will soon enjoy exclusive rights to the fruit of the brainstorming, which includes processes ranging from determining and rewarding 'influencers' to treating malaria, HIV, TB, hepatitis, smallpox, and cancer."

98 of 130 comments (clear)

  1. If I were a Microsoft investor by RichMan · · Score: 5, Insightful

    If I were a Microsoft investor I might be a little bit annoyed by high ranking employees contributing valuable IP to another company.

    Microsoft is not doing its job as looking after its investors interests if it does not pursue the employees involved for this.

    1. Re:If I were a Microsoft investor by qoncept · · Score: 2, Funny

      "Microsoft is not doing its job as looking after its investors interests if it does not pursue the employees involved for this."

      BRAIN GAMES! Unscramble the prepositions to discover what Microsoft is doing wrong!
      Solution: Microsoft is not doing its job of looking after its investors' interests if it does not pursue the employees involved in doing this.

      Seriously, though.. Who is investing in Microsoft?

      --
      Whale
    2. Re:If I were a Microsoft investor by TaoPhoenix · · Score: 1

      You mean the "same company", just far enough removed to play 3 card monte.

      Anyone know if there's a conflict of interest here big enough to merit a SlapWithSpaghettiNoodle (SWSN)?

      --
      My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
    3. Re:If I were a Microsoft investor by girlintraining · · Score: 1

      Oh please... It's a free market. If you don't like it, leave. Or, umm...that's what I'd say, you know... If I was a heartless corporate executive. But more seriously, how many investors care about anything other than positive revenue flow? As long as that's happening, there's no moral questions anyone's going to raise. I mean, that's what the government is for, riiiiight? O_o

      --
      #fuckbeta #iamslashdot #dicemustdie
    4. Re:If I were a Microsoft investor by Rei · · Score: 5, Funny

      Besides, any funds raised will be put toward the charitable cause of buying Myhrvold and extra vowel for his last name, so it's not all bad.

      --
      Don't run. Nobody exists on purpose. Nobody belongs anywhere. Everybody's going to die. Come watch TV.
    5. Re:If I were a Microsoft investor by pclminion · · Score: 1

      If I were a Microsoft investor I might be a little bit annoyed by high ranking employees contributing valuable IP to another company.

      I wouldn't be, necessarily. More likely, this is attempt by MS to shmooze around with IV to try to get special consideration. Further down the road, when MS wants to license IP from IV, they might get a better deal since they've been cooperating up-front. So it's a gamble but I wouldn't say a direct violation of the investor's trust, or fiduciary responsibility.

    6. Re:If I were a Microsoft investor by Ethanol-fueled · · Score: 4, Funny

      Stupid ideas like that eventually fail, and they will fail even more given America's changing political climate.

      SCO, for example. Good for Microsoft that they had nothing to do with that fiasco...

      oh, wait.

    7. Re:If I were a Microsoft investor by maxume · · Score: 2, Informative

      Anybody who owns an S&P 500 index fund or etf, and probably millions of other people who own various mutual funds. Also, there are probably lots of individual stockholders.

      --
      Nerd rage is the funniest rage.
    8. Re:If I were a Microsoft investor by SamsLembas · · Score: 1

      Can I reply to trolls in order to warn others away from doing the same?

    9. Re:If I were a Microsoft investor by AJWM · · Score: 1

      "A little bit annoyed"? I'd be thinking shareholder lawsuit, especially since this seems to have been done with the knowledge and even complicity of higher management.

      --
      -- Alastair
  2. Patents by mfh · · Score: 5, Insightful

    It doesn't surprise me that smart, greed oriented, affluent people will make use of their talent for some extra money, at whatever the cost to the public (who are largely now all have-nots).

    But what happens when pressure exceeds tolerance? When the have-nots have had the last straw? We throw down the yoke and fight for what is ours, which is that right to evolve, either technologically or financially without interruption from outside constraints.

    This is a sticky situation with patents. Patents are really only relevant if you are intending to profit from your invention, which is why I like Open Source. If something is released to the public freely, and is allowed to grow and expand on its own merit, no patent can stop it. If no money is gained, no patent holder can sue for money gained. No patent holder can sue to prevent Open Source, because their act of downloading the software to examine it constitutes agreement with the license.

    Even worse case scenario, if some asshat managed to convince a judge that their patent was valid and that an Open Source project was in violation, there really is no recourse.

    Now if you find that after years of extensive work, that some asshat is suing you for patent violation, you can contact the EFF and fight it. They will help.

    With all the ideas floating around, it only goes so far that someone would argue they had an original thought. I mean that really is a tough sell to any judge. Good luck with that.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Patents by Timothy+Brownawell · · Score: 1

      Patents are really only relevant if you are intending to profit from your invention, which is why I like Open Source. If something is released to the public freely, and is allowed to grow and expand on its own merit, no patent can stop it. If no money is gained, no patent holder can sue for money gained.

      But that's not the only thing having a patent lets them do, there are other things they can sue you for.

      No patent holder can sue to prevent Open Source, because their act of downloading the software to examine it constitutes agreement with the license.

      BS. Uploading it (ie, engaging in distribution) would require that they agreed with the license. Downloading it and even using it doesn't, since those don't require permission from the copyright holder.

      Even worse case scenario, if some asshat managed to convince a judge that their patent was valid and that an Open Source project was in violation, there really is no recourse.

      Maybe, that really depends on where the main contributors are. If a court said that Linux (the kernel) violated some patent and was talked into granting an injunction I imagine that having Linus and Red Hat and IBM be forced to stop work would be a rather major setback, even if non-US contributors were still active.

    2. Re:Patents by CoderFool · · Score: 1

      This is on a bit of a tangent, but I think Microsoft steals ideas from people they interview for jobs. When I graduated and interviewed with MS, my interviewer asked me what my chief complaints about Windows were and/or what I would suggest they could do to improve it. I suggested they could load windows on a flash based drive to speed up access and reliability. Lo and behold, a year later, I hear announcements about solid state drives. I don't know whether or not the drive makers were already working on this or if MS made a suggestion; I am probably full of crap for thinking that MS took my idea and passed it onto the drivemakers, but it did make me think about sharing ideas with a company interviewing me. Sure I wanted to impress them, but it strikes me as a great way for them to troll for ideas, patentable or not. And MS has proven themselves shady enough to pull something like this.

    3. Re:Patents by shentino · · Score: 2, Interesting

      Jealousy of the rich is not entirely unwarranted if the rich didn't play fair in getting that way.

      I have a gun, I put it to your head, I shoot, and take away all your money. Then I dispose of your carcass. I am now rich.

      Why don't people do this often these days? Because of police, because of a big government with even bigger guns that's willing to stand up and protect you.

      Unfortunately, in the grown up business world, there is no such thing, at least, definitely not as strong.

      Some big company "murders" you by suing you into oblivion, they get away with it because of how the legal system's set up. If you don't have a lawyer, you're screwed, because unless you're willing to give up everything that's worth living for, there is no way you are going to keep up with the corporate steamroller.

    4. Re:Patents by lorenlal · · Score: 1

      This is a sticky situation with patents. Patents are really only relevant if you are intending to profit from your invention...

      True - in the sense that the patent is protecting an inventor from some scammer who tried to rip them off and make caesh on the inventor's work.

      But in the cases here - These are a bunch of asshats that are trying to think up ways that something *could* be done. Alone, this isn't necessarily a bad thing. But to then turn around and patent it with no intention of creating a product would seemingly make the patent irrelevant... BUT..

      Suppose you have this patent, and someone does some valuable research, and testing (not knowing of the existence of this patent), and comes up with a cure to a very serious disease. That's great news! Especially for the patent holder if the method happens to match (with some degree of closeness) the method stated in the patent.

      Now the patent is quite relevant. The holder is not an inventor, but merely some asshat that's planning on caeshing in on someone else's work cause they happened to think up a possible method before the inventor could.

      Of course, I could just follow through on your point and say, call the EFF... It sounds to me, the way these IP firms get away with everything, that the real inventor is still screwed.

    5. Re:Patents by Z34107 · · Score: 1

      It doesn't surprise me that smart, greed oriented, affluent people will make use of their talent for some extra money, at whatever the cost to the public (who are largely now all have-nots).

      When you have more money than $deity, why work through some shadowy patent illuminati? Especially when you could keep the money through your own shadowy corporation?

      And since when are the public mostly "have-nots"? America's GNI per capita is $46k. The poorest 20% earn $20k a year, not counting the value of food stamps, welfare, "negative taxes" (Earned Income Tax Credit), Medicaid, etc.

      Not that poverty is good or that inequality is nonexistent, but we're not about to have a worker's revolution because "pressure exceeds tolerance." I think everyone agrees that the patent system is messed up, but even the "haves" are bothered by that - I'd like to see what it costs Microsoft to maintain a massive defensive network of lawyers and patents compared to the royalties they've received for exercising them.

      --
      DATABASE WOW WOW
    6. Re:Patents by Austerity+Empowers · · Score: 1

      If that happened, we might actually get the patent system fixed.

    7. Re:Patents by Conficio · · Score: 1

      May be open source is bigger than GPL?

      --
      Busy helping non technical users of OpenOffice.org - http://plan-b-for-openoffice.org/
  3. so this his how Bill is helpling Africa by goffster · · Score: 3, Insightful

    by giving them free meds, and then charging
    them via patent royalties ?

  4. Nice way to retire, bill by girlintraining · · Score: 5, Insightful

    I gotta hand it to you, Mr. Gates... Tell everyone you retired from Microsoft so you could free up time to monopolize biotech and a dozen other infrastructure-critical industries in this country... That's pretty clever. Seriously, are you mad because nobody invited you to prom? Is this some kind of Stepford Wives remix? I'm not saying this because I'm trying to be funny or sarcastic (well, mostly not sarcastic)... I really want to know why some people feel a compulsive need to consume or control every resource in the world. These people are like viruses... An ideological cancer, and it's disgusting to watch people who scream "But... MY INNOVATION!!! NOoooooooo!" Whenever someone asks why they're holding all the cards, but once they've got 'em, boy, outsource everything to a bunch of people who still use their hand to wipe their asses with, reduce the research budget to zilch, and then call yourselves innovators. Innovators of what... Slavery? Mass exploitation? Please. Have some originality... Try doing good for a change. If nothing else, it'll confuse the hell out of your detractors.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Nice way to retire, bill by speedtux · · Score: 1

      Most of humanity isn't this way. Most of America isn't this way.

      This kind of cut-throat need to dominate is pathological and abnormal.

    2. Re:Nice way to retire, bill by 2Bits · · Score: 1

      Praying For Time lyrics of George Michael:

      ...
      These are the days of the empty hand
      Oh you hold on to what you can
      And charity is a coat you wear
      Twice a year


      This is the year of the guilty man
      Your television takes a stand
      And you find that what was over there
      Is over here

      So you scream from behind your door
      Say whats mine is mine and not yours
      I may have too much
      But Ill take my chances
      Because God stopped keeping score

      And you cling to the things
      They sold you
      Did you cover your eyes when
      They told you
      That he cant come back
      Because he has no children
      To come back for
      ...

      Emphasis are mine.

  5. Secretly? by LearnToSpell · · Score: 1

    There was a long article in some magazine (Harper's? Atlantic? Can't remember...) many months ago, explaining the whole situation. It sounded really cool, actually. That'd be a neat place to hang out for a while.

  6. Not secret by m000 · · Score: 5, Informative

    The New Yorker had an article about this six months ago.

    1. Re:Not secret by SatanicPuppy · · Score: 4, Insightful

      The article makes it sound a lot more benign than it actually is. "We'll come up with great ideas, and let people use 'em for a fee!"

      The problem is, as Edison is famous for saying, "Genius is 1% inspiration and 99% perspiration." Having a good idea is the easy part. Making it work in the real world is where all the problems crop up.

      Making someone pay for the privilege of solving all the problems that you're too lazy/incompetent to solve? That just sucks.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    2. Re:Not secret by cdrguru · · Score: 1

      No, the real secret is having someone else do all the hard work and then stealing it from them.

      Ha ha. They thought they were going to get rich. Instead, they got to involantary contribute to the betterment of the society as a whole.

    3. Re:Not secret by amirulbahr · · Score: 1

      Good thing you can't patent an idea, only an innovation.

    4. Re:Not secret by wassermana · · Score: 1

      I took at look at the "Injectable controlled release fluid delivery system". If this patent is granted it would be as if Henry Ford had patented "Device for transportation using four wheels powered by internal combustion engine" I do not see how anyone "other than the patent holder" can think this would be a god thing.

    5. Re:Not secret by martin-boundary · · Score: 1

      Making someone pay for the privilege of solving all the problems that you're too lazy/incompetent to solve? That just sucks.

      Bah, fuck'em. How are they going to know what method you're using for your new product anyway? It's called a trade secret, use it, and sue them under the DMCA if they're stupid enough to claim to have reverse engineered your product.

  7. Offtopic note by TaoPhoenix · · Score: 1, Troll

    Ridiculously off topic, but I am not sure which is scarier, your UID or that Sig. (Where's it from?)

    P.S. Mod him up.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
    1. Re:Offtopic note by mfh · · Score: 2, Informative

      In before, "he bought the UID on ebay."

      And, I wrote the sig myself. Thanks for the compliment! :)

      I could embellish on the meaning of the sig, but I'll allow your subconscious to experience the fear which is why it's there in the first place.

      --
      The dangers of knowledge trigger emotional distress in human beings.
    2. Re:Offtopic note by repapetilto · · Score: 1

      I feel like I caught a glimpse of one of the Great Old Ones or something

    3. Re:Offtopic note by DAldredge · · Score: 4, Funny

      You should never listen to one who has a UID of less than 5 digits.

    4. Re:Offtopic note by the_wesman · · Score: 1

      fewer than 5.

      --
      calling all destroyers
  8. Not the first time by morgan_greywolf · · Score: 1

    This isn't the first time they've done IP trolling.

  9. The Crime of Reason by FudRucker · · Score: 2, Interesting

    Nobel laureate and Physics Professor Robert B. Laughlin discussed the impact of knowledge increasingly being sequestering from the public. While a certain amount of information is kept secret for legitimate military or security purposes (such as how to build an atomic bomb), more and more knowledge is being restricted for economic reasons, he explained. Many companies (and people) consider ideas to be their intellectual property.

    http://www.amazon.com/Crime-Reason-Closing-Scientific-Mind/dp/0465005071

    --
    Politics is Treachery, Religion is Brainwashing
  10. Patents are genocidial by argoff · · Score: 4, Interesting

    I think its important to understand that as society enters into the coming replication age, that the phony property right they call "patent" will become genocidal.

    As things like nanotech and 3d printing take off, production will shift away from the factory and back into the home. The market will start to center around production and creation services instead of production goods.

    The people and industries on the losing side of this model will almost certainly try to turn to a patent royalty model, and will almost certainly use extremely coercive measures to impose their control. Just look at Monsanto and ADM and their heavy handed patent strategies used against farmers. Just look at the RIAA and how they cling to their royalty control model under the guise of "intellectual" property and attacked everyone. Just look at the slave plantations, how the plantation masters envisioned that the future of the industrial revolution was to leverage inventions like the cotton-gin and their "ownership" of slaves to vastly expand the size and production capabilities of their plantations. Just look at how pharmaceutical companies sued African nations in the world court to ban them from buying generic AIDS drugs from India. Just look at how patents in the USA slowed anti-lock brakes and air-bags development by decades as millions died.

    Mark my words, if we let them push the lie that patent is a "property" or an "incentive" or "protection", genocidal consequences will not be far away.

    1. Re:Patents are genocidial by nycguy · · Score: 1

      How exactly are patents more "phony" than any other property? All property has its status by common consent or force (legal, physical or otherwise): Without that consent or force you don't actually "own" anything. True, patents are not physical property, but neither are copyrights, trademarks, etc. For that matter, neither is "your data" or "your money", since both are mostly represented in bits and bytes today rather than as physical commodities.

      I am not saying there is not a problem with the patent system, nor do I think you're necessarily entirely wrong in your assertion that a licensing model would dominate/impede if cheap production methods became widely available. However, to call property legally defined as such as "phony" is to not understand what property is--it's whatever we as a society define it to be, just like any other rights or privileges we have (many of which one could just as easily call "phony").

    2. Re:Patents are genocidial by argoff · · Score: 2, Informative

      Well, the whole philosophy behind natural law (used by the founding fathers) is that individuals have inherent rights (like property) even if no government exists at all, but people (being social, but imperfect creatures) typically organize in the form of government to secure their rights.

      So by that measure, property is not created by common consent or force.

      Also, some of the other examples you pointed to, are not about property, but fraud or an intrusion of peoples privacy. Copyrights are not property either. Trademarks would be more about stopping fraud, than about property. "your data", is more about a privacy violation. "your money" is more about keeping tack of value (without fraud) than about property.

      In fact patents violate property. If I made an exact copy of your corn farm, and you say I can't have a corn farm because you do, then that violates my right to do what I justly please with my property. Well the same is true with invention, imitation is not stealing. The whole foundation of property revolves around the fact that being finite creatures, not everybody can use every resource at the same time without imposing on others. Well, with invention, they can.

    3. Re:Patents are genocidial by cdrguru · · Score: 1

      There are human cultures which never had any sort of property rights at all. Everything was either communal or owned by "Mother Earth". Private ownership wasn't ever considered.

      Sounds pretty good, right? Until you realize that none of these cultures developed much past the writing stage and some not even that far. They never produced anything of any lasting importance either culturally or intellectually. Sure, the people living in these societies might have been pretty happy, until a disease came and wiped them out or a drought starved them to death. Pretty primitive way of life.

      Without "ownership" and "property rights" that is about all a culture get to.

    4. Re:Patents are genocidial by argoff · · Score: 4, Insightful

      Just because someone calls something a property right, doesn't mean that it is a property right. Do you own slaves? Last I checked, me using an invention, doesn't stop you from using your own copy. If it seems a lot different than regular property, that's because it is.

    5. Re:Patents are genocidial by TooMuchToDo · · Score: 1

      Assume for a second I live in a colony on Mars. A company in the US patents something. We build the devices anyway (for whatever reason). Legally, US patents can't be enforced off-world of course (I make assumptions; crazy lawyers would have other ideas I'm sure). All of a suddent the US says patents apply off-planet. Does that mean I'm now violating the law?

      A silly example to be sure, but the idea of property rights is hard to reconcile when talking about ideas.

    6. Re:Patents are genocidial by nycguy · · Score: 1

      Yes, you are violating US law in that case. Whether or not you should be concerned about that violation depends on the consequences the US government would be able to impose upon you. That was the point of my original post: Any property is defined only by the consent of others in defining it as such, or by the ability of the "owner" to defend that property through various means (legal, military, etc.). The fact that the property is an intangible idea is irrelevant if the consequences are sufficient to make one respect it as property. One can in practice call *anything* property if others agree or one is able to defend it as such.

    7. Re:Patents are genocidial by wolfsdaughter · · Score: 1
      unfortunately, the value of property is often is proportional to it's scarcity.

      so if you make an exact copy of someone else's corn farm, you are directly changing value of their farm ( you are increasing supply of corn)

      maybe you could work something out so that you're increasing the value of your neighbor's corn, if you and they work together and share some costs associated with running, harvesting, selling, shipping, etc the twin farms but more likely you're decreasing the value of the other farm's yeild because now you're (at least a potential) competitor

      --
      "Are they made from real Girl Scouts?" ~Wednesday Addams
    8. Re:Patents are genocidial by nycguy · · Score: 1

      The founding fathers also believed that people could be property--and indeed, people were property at the time, by the decree of those who were considered free and the threat and use of force against those who were considered property. So, the idea of "inherent rights" can change over time, meaning that they aren't really inherent/natural, but rather man-made.

      Property is just a man-made concept, and it has no meaning as such unless the concept is respected or defended. Even physical property is not such if those around you do not agree and you are unable to defend your rights to it. Just ask the Native Americans about their "property" that all Americans now live on.

    9. Re:Patents are genocidial by rohan972 · · Score: 1

      unfortunately, the value of property is often is proportional to it's scarcity.

      Always proportional to it's scarcity.

      so if you make an exact copy of someone else's corn farm, you are directly changing value of their farm ( you are increasing supply of corn)

      We call that "competition". It isn't unfortunate, it is the method by which people have incentive to produce higher {quality,quantity} products at lower price. The whole benefit of a competitive market system derives from the fact that any individuals produce can be devalued by others increasing the supply of that product or an alternative.

      Patents and copyrights are to prevent that competition temporarily, increasing the incentive to produce innovation by the granting of a monopoly (competition-free market) to offset the competitive devaluations effect of disincentive to invest time and money in a product that could be uneconomical to produce in a free market if you are stuck with large sunk costs. It doesn't always work as intended and the idea that preventing others from copying is a natural or just right is one of the things that makes it difficult to get sensible laws written.

      You don't have any automatic right to be free from competition. There are social contracts (patent, copyright) that grant that temporarily but many people seem to have forgotten that contracts have to benefit both parties, and the benefit to the public of the IP social contracts is the public domain, not the opportunity to pay monopoly prices in perpetuity.

    10. Re:Patents are genocidial by argoff · · Score: 1

      Uhh, your argument proves the point. The slaves were not a valid nor just property even though the law and many people believed they were. Many Native Americans had their rights violated even though the law at the time didn't recognize it. Rights and property are not created by law, they exist above it. Just because people call patent a property doesn't mean that it is.

    11. Re:Patents are genocidial by Weedlekin · · Score: 1

      "Uhh, your argument proves the point"

      It proves his point, not yours.

      "The slaves were not a valid nor just property even though the law and many people believed they were."

      Everybody who argues that there is such a thing as natural law (which is inevitably completely different from anything that actually happens in nature) ends up using wooly terms like "valid" that boil down to "what I prefer things to be like". Slavery was an integral part of humanity as a whole that nobody really questioned in moral and ethical terms until the 18th century, so It takes either a special kind of arrogance, an ignorance of history, or a combination of the two to suggest that an opinion which has only existed for 200 years (and has been a majority opinion for less than 100 years) is more "valid" than the one that prevailed for at least 10,000 years just because you happen to agree with it.

      "Many Native Americans had their rights violated even though the law at the time didn't recognize it"

      And native Americans had been "violating the rights" of other native Americans for thousands of years before white people got there, just as animals, plants, fungi, and bacteria have been "violating the rights" of other organisms since life evolved on this planet.

      "Rights and property are not created by law, they exist above it"

      If this is the case, then you should be able to cite a whole bunch of situations in the natural world where such rights are observed by other life-forms in the way they behave towards members of both their own species and other species.

      --
      I'm not going to change your sheets again, Mr. Hastings.
    12. Re:Patents are genocidial by nycguy · · Score: 1

      Rights don't exist "above" anything. They exist only because we believe they exist--and they stop existing as soon as we cease to believe they exist. When slavery was ended, a particular right to property ceased and a particular right to liberty began.

      Moreover, you make reference to the "founding fathers." Well, thank them for the patent system, which was initially created in 1790, with the Patent Office being created in 1802. So, apparently the expects in "natural rights" think that patents are one of them.

    13. Re:Patents are genocidial by Anonymous Coward · · Score: 1, Interesting

      Well maybe in your world if you believe in something hard enough it will come true, but the founding fathers knew that copyright and patent were not natural rights, and they expressed that in their writings. That's also why the constitution does not call call them a property right. In fact, the law doesn't even treat them like a property right, that's a propaganda term used to justify them. They were justified for the purpose of incentive, and that's why they have an expiration date too. No natural right would have en expiration date, such a thing with free speech or religion would be silly.

    14. Re:Patents are genocidial by nycguy · · Score: 1

      I didn't say that merely believing something (where that something could be anything) makes it come true. In the specific case of a right, which is a concept and not a physical entity, believing in a right and acting on that belief is what brings the right into existance. If no one but you believes you have a particular right ("natural" or otherwise) and everyone regularly acts so as to violate that supposed right without consequence, then you don't actually have that right in any meaningful way.

      By the way, just for fun, what is the complete and correct list of natural rights, and how can you formally prove that the list is both complete and correct--i.e., that no natural right has been omitted from your list and that no right has been included which is not actually a natural right?

  11. That threat might have worked... by hellfire · · Score: 1

    ... if it wasn't for the fact that one of the two employees mentioned happens to be the single majority stockholder of Microsoft.

    --

    "All great wisdom is contained in .signature files"

    1. Re:That threat might have worked... by jcr · · Score: 4, Informative

      A corporation has fiduciary responsibility to all of the shareholders, not just the biggest ones.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    2. Re:That threat might have worked... by jcr · · Score: 1

      I know you're frustrated that nobody pays attention to you in real life, but trolling /. is very poor substitute for social interaction. Try to work it out in therapy.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  12. Call Jerry by mfh · · Score: 4, Funny

    Microsoft is not doing its job as looking after its investors interests if it does not pursue the employees involved for this.

    This will be addressed in the next advertisement, as rumored all over the internet (starting here).

    Jerry Seinfeld: "Bill -- what were you thinking?! You can't give away that secret to the OTHER GUY -- YOU GOTTA KEEP THAT FOR MSFT. What will the shareholders say?? They'll say that wasn't very fair of you, that what they'll say!"

    Bill Gates: "They promised no one would find out."

    Jerry Seinfeld: "This reminds me of when my Mom used to make me eat chicken soup. She'd say that it's an honest thing to eat chicken soup you paid for with your own money -- AND that's true, today, you know."

    Bill Gates: "What?"

    Jerry Seinfeld: "You gotta eat chicken soup, Bill. I know a guy who ... here is the spot right here, let's go inside and we can eat, but you gotta do it simple, Bill -- just hand over the money and say the name of the soup. But that's all you can do. So, you hold out your money, speak your soup in a loud, clear voice, step to the left and receive...It's very important not embellish on your order. No extraneous comments. No questions. No compliments."

    Bill Gates: "Okay."

    Soup Nazi: "YES."

    Bill Gates: "Uh... what's good today?"

    Soup Nazi: "WAT!"

    Bill Gates: "What do you recommend for someone who is having a bad day?"

    Soup Nazi: "WAT! THIS NO 20 QUESTIONS. NO SOUP FOR YOU!"

    --
    The dangers of knowledge trigger emotional distress in human beings.
  13. subverting the system by Goldsmith · · Score: 4, Insightful

    These guys think that they're helping... but the people who do the work (I'm thinking of some poor grad student in a lab somewhere) to make a working device go to the patent office and discover that they don't have rights to their own work. It's wonderful.

    If you don't (or can't) use a patent, at least make it free. A couple hours "brainstorming" should not trump a few years of hard work.

    1. Re:subverting the system by bledri · · Score: 1

      Its all in the contract you sign when you apply to work for these people. So all in all its the employee's fault for not reading.

      I think he's referring to a third party that labors to actually create something and then after doing the hard work discovers that someone else, with a lot of lawyers, owns the idea. At least that's how I read the comment.

      --
      Some privacy policy Slashdot.
    2. Re:subverting the system by Goldsmith · · Score: 1

      I'm not complaining about an employer getting all of the rights to an employees ideas. If you want to give that up, it's your business.

      I am complaining about companies like I.V. patenting things they have no intention of using, particularly when their ideas are culled from the scientific literature. The New Yorker article from a few months ago linked to elsewhere makes it clear that's what they're doing. It means that working scientists have to hire lawyers to use our own work (I actually do own some of my own work, and it would be nice to do something with it).

    3. Re:subverting the system by sproot · · Score: 1

      Surely then, if their ideas can be found in published literature, the prior art defense would invalidate the patent?

    4. Re:subverting the system by Goldsmith · · Score: 1

      I'm not sure a simple call to the patent office gets everything straitened out. There's a difference between being legally right and having the resources to use your legal rights in this case. Lawyers are expensive.

  14. ip law come full circle by circletimessquare · · Score: 2, Insightful

    the idea of ip law is to reward those who innovate. the supposition being, that were there no legal protection, innovators would see the fruits of their intellectual pursuits go to established financial entities instead of themselves

    and it is therefore the greatest irony that ip law is now used to suppress true innovation and protect entrenched financial entities. only the rich can afford the legal bully pulpit that ip law enables

    ip law needs to disappear

    but at best, we can ignore it, and route around it, like the damage it is

    death to ip law

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:ip law come full circle by cdrguru · · Score: 2, Insightful

      Unfortunately, the other side of that is whoever has the biggest distribution channel wins. You remove all barriers to distribution of something - no more licensing, royalties, patents, trademarks and copyrights - and now you have the big players out-distributing the small guys.

      Think what happens when a song becomes "popular" and there are no barriers to distribution. Sony (or WalMart) just produces a CD. Maybe it is the original vocal talent, maybe not. Who cares? They win, the originator becomes a nobody.

      Same thing with books. If WalMart can sell the book for $5 because it is printed in China, why would anyone even be able to find the "original" from the original author? So you think the author just makes a deal with WalMart... except what would be the motivation to give the author anything at all?

      There are problems today with IP law, but throwing it away isn't the answer, unless you really love WalMart and Sony.

    2. Re:ip law come full circle by FudRucker · · Score: 1

      i wish i had mod points i would mod your comment up + eleventy million :)

      --
      Politics is Treachery, Religion is Brainwashing
    3. Re:ip law come full circle by shentino · · Score: 1

      For one thing, it would get the MAFIAA off of our backs.

  15. Gladwell Loves them by DaveInAustin · · Score: 1

    Malcolm Gladwell (of Tipping Point fame) write a glowing article about this venture.
    Bill Gates, whose company, Microsoft, is one of the major investors in Intellectual Ventures, says, "I can give you fifty examples of ideas they've had where, if you take just one of them, you'd have a startup company right there."

    --
    --- http://davidnehme.blogspot.com
    1. Re:Gladwell Loves them by sesshomaru · · Score: 1

      "I can give you fifty examples of ideas they've had where, if you take just one of them, you'd have a startup company right there."

      He forgot to add, "Well, not anymore, of course, few startups will be able to afford the ridiculous fees we'll be charging. I just wish we had thought of this during the dot.com boom! Think of all the companies that would be paying us royalties today. Mmmm.... royalties...."

      --
      "MIT betrayed all of its basic principles."
  16. this the kind of innovation .. by rs232 · · Score: 2, Interesting

    This the kind of innovation they are on about. Can any of these patents be turned into real working devices, without spending thousands of man-hours and huge wads of money. I'm thinking of the NTP v Blackberry litigation. NTP basically bought up some old wireless, paging and email patents, sat on them and them and then waited until Blackberry did all the work ...

    'NTP is a holding company created in 1992 to manage certain patents belonging to Thomas Campana'

    'on 20 May 1991. Campana filed a patent application for his idea to merge existing e-mail systems with radio-frequency wireless communication networks'

    --
    davecb5620@gmail.com
    1. Re:this the kind of innovation .. by lennier · · Score: 1

      "I'm thinking of the NTP v Blackberry litigation. "

      And let's not forget the Xerox vs Palm Graffiti 1 patent war.

      I've lost track of who sued who - Wikipedia says that Palm appealed, lost the appeal but won a right to reevaluate whether the patent was valid in the first place (!), won that case, then Xerox counter-appealed and won.

      Meanwhile, the best writing system ever devised for handheld devices got dropped for the ugly and finger-crippling Graffiti 2, and the customers lost.

      Hooray for the smoking crater.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
  17. change patent law to use it or loose it by Dan667 · · Score: 1

    They could fix patent trolls like this in one swoop if they change the law to be use it or loose it. And if you loose it, it should be come open to the public for someone else to pick up and use ... for free. Think of the stimulus to the economy.

    1. Re:change patent law to use it or loose it by cdrguru · · Score: 1

      That plan ensures that nobody other tham large corporations will ever receive a patent again.

      The "garage inventor" would be quickly displaced by a company that could exploit the invention. All they have to do is wait. Licensing a patent would be a thing of the past.

      If the objective is to move all sources of revenue to major companies, well, I think you have hit on a real winner.

    2. Re:change patent law to use it or loose it by Dan667 · · Score: 1

      I do not think that you understand the intent. I think it would be better to kneecap the entire patent system than to let patent trolls to continue to stifle everything. Trade secrets do not require you to disclose your invention to anyone.

    3. Re:change patent law to use it or loose it by justinlee37 · · Score: 1

      All the "garage inventor" needs is a working prototype; not an entire production line.

    4. Re:change patent law to use it or loose it by rohan972 · · Score: 1

      The "garage inventor" would be quickly displaced by a company that could exploit the invention. All they have to do is wait. Licensing a patent would be a thing of the past.

      No, the company would want exclusive rights, so would license the patent rather than let it go into the public domain for their competitors.

  18. working samples by speedtux · · Score: 1

    This kind of bullshit would stop if the patent office required working implementations again.

    The hard part of most inventions is making them work, not having the original idea. Granting patents on ideas that haven't been implemented harms innovation because it discourages people from investing the money to make inventions work.

  19. Re: Not so Searete by rs232 · · Score: 1

    "The New Yorker had an article [newyorker.com] about this six months ago", m000

    Did the article also mention that Bill Gates of Microsoft also has a financial interest in Searete?

    --
    davecb5620@gmail.com
  20. one of the Great Old Ones by Dareth · · Score: 1

    Probably not, just a lucky bastard who wasn't in class or at work at the time.

    --

    I only look human.
    My mother is a halfling and my dad is an ogre, so that makes me an Ogreling
  21. MS wouldn't do this for free by TheModelEskimo · · Score: 1

    MS wouldn't do this for free. Myhrvold probably offered them some insanely great deal whereby MS benefits from the patent trolling and Myhrvold operates with the understanding that industry majors (MS, Apple, Sony, etc.) won't be on his back about it.

    Myhrvold is going in the direction he sees most defensible and profitable: We're just following what the law says and protecting our ideas.

    The way I see it, Myhrvold is going to launch the attack before the public at large start realizing how dangerous the concept of IP is.

    It is interesting that Google are on board too, though.

  22. Detailed article about "Intellectual" Ventures by slushdork · · Score: 1
  23. Microburton? by NotBornYesterday · · Score: 1

    I've got a funny feeling that we are about to see an unholy alliance between two corporate giants.

    --
    I prefer rogues to imbeciles because they sometimes take a rest.
  24. Re: Scary Sigs, made conscious. by TaoPhoenix · · Score: 1

    George Lakoff: Women, Fire, & Dangerous Things; Case Study 1 on Anger:

    (Physical events can be mapped to emotional distressing states.)

    Source Metaphor: An explosion is damaging to the container and dangerous to bystanders.
    Target Knowledge Metaphor: A loss of control of knowledge is damaging to a person and dangerous to other people.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  25. Re: Train Porn! by TaoPhoenix · · Score: 1

    Train Wrecks are caused by one train trying to enter the other from behind.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  26. Ip law? by jonaskoelker · · Score: 1

    So what you're trying to say is something like this:

    ip law add route null

  27. They are clearly scum by Anonymous Coward · · Score: 1, Informative

    although for Gates it is no surprise.

    More articles:

    http://www.techdirt.com/articles/20081108/1744562771.shtml

    http://www.theregister.co.uk/2008/11/10/gates_myhrvold_patents/print.html

    http://www.patentfools.com/2008/09/intellectual-ventures-independence-day-take-ii/#more-19

    http://www.techflash.com/microsoft/Gates_top_Microsoft_executives_do_some_inventing_on_the_side34192179.html

  28. IV is a microsoft attack dog by number6x · · Score: 2, Informative

    The purpose if Intellectual Ventures is to harass and intimidate Microsoft competitors, but to do so in a way that Microsoft can keep its hands clean.

    Bill Gates and Paul Allen have contributed knowledge and expertise to many 'think tanks' for fee and for free. Why the secrecy here?

    Microsoft is a ruthless competitor with a long history of dirty tricks. They didn't invent FUD (Check w/ IBM for that), but they are masters of FUD-foo.

    Intellectual Ventures needs to have a large enough portfolio to bring pressure to bear where Microsoft wants that pressure applied. It does not matter to Microsoft that IV succeeds or fails in law suits, as long as Microsoft competitors can be harassed, intimidated and drained of funds.

    All of this may be completely legal. Is it unethical? that depends on your ethics. For many people in the business world, if something is not illegal, then it is not unethical to do that something.

  29. The public is only screwed for 20 years by smellsofbikes · · Score: 1

    The good thing about current patent law is that they'll only put the US and Europe 20 years behind places that don't give a hoot about patent infringement. After that, the field's open.

    In a way, this is a good thing -- if they patent *everything* right now, and 99% of those things don't get addressed for lack of technology or resources, until the patents have expired, then all those research directions are an open field, for anyone to explore. You could look at this as a retarded version of open source (where by retarded I mean both 'stupid' and 'slowed down', in this case, by 20 years.)

    As long as they don't manage to lengthen the scope of patents, all they're doing is cutting their own throats.

    --
    Nostalgia's not what it used to be.
    1. Re:The public is only screwed for 20 years by argoff · · Score: 1

      Slavery started out as short term indentured servitude that could not be inherited.

      Copyright started out as 14 years max.

      Is not a coincidence that slavery was maxed out just before industrial revolution forces killed it, and not a coincidence that copyright imposition has maxed out just before the information age is killing it. The more society advances, the more money stands to be gained by imposing these controls till it eventually reaches a point where society can't take it anymore and is forced to remove the parasite in a violent way. Unfortunately, patent is rather genocidal, so it's removal will probably be rather violent. (eg how patents lawsuits held back generic AIDS drugs from Africa, how they slowed development of anti-lock brakes and air bag development for decades while millions died)

    2. Re:The public is only screwed for 20 years by Lloyd_Bryant · · Score: 1

      Slavery started out as short term indentured servitude that could not be inherited.

      Citation?

      Hereditary slavery was established a *long* time ago (look up the story of a guy named Moses for an example).

      The concept of time-limited slavery such as indentured servitude is a relatively recent development, dating from around the 17th century.

      --
      Don't tell me to get a life. I had one once. It sucked.
    3. Re:The public is only screwed for 20 years by Jesus_666 · · Score: 1

      I think the GP was referring to US American law.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  30. Smallpox? by Simonetta · · Score: 1

    The ...er...thing... that the lead text referred to had a reference to smallpox (variola) deep inside it. A vaccine or vaccine delivery system, I believe. And don't tell me that I didn't read it. It was 'written' in a way that made it impossible to read sensibly. Look at it and tell me that I'm wrong.

      Anyway, smallpox is supposed to be a dead disease. Vanquished from the earth through the work of the WHO and Dr. Lawrence Brilliant in the 1970s.

      So, what's Bill and his Bozo boys talking about here? Do they know something that we don't?
    What we do know is that the Soviets made millions of doses of smallpox from samples that were saved for 'research' purposes during the last paranoid days of their empire. The BioPreparat program that has been documented in the book 'The Devil in the Freezer'. All these doses were supposed to be destroyed.

        It would be bad news if this disease were to reappear.

  31. Big surprise by Master+of+Transhuman · · Score: 1

    It's no surprise that Gates and company are primarily interested in thinking up general ideas, grabbing patents on them and then beating people over the head to pay them for the ideas. This has been Gates' MO since day one - pick the pockets of every single human being on the planet with a pocket. Gates is greedier than a member of the Russian-Jewish Mafia.

    "Gary Flake, one of Microsoft's top Internet gurus" - there's an appropriate name for a Microsoft employee. They're all "flakes".

    Microsoft basically is an organized crime group which has incorporated. Actually, one could say that about most large corporations.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  32. dude. ever hear of the internet? by circletimessquare · · Score: 1

    every pimply faced 13 year old has the same global reach and publishing potentiality of bertelsmann and time warner circa 1988

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  33. Maybe it is not all that it seems! by deviated_prevert · · Score: 1
    "which includes processes ranging from determining and rewarding 'influencers' to treating malaria, HIV, TB, hepatitis, smallpox, and cancer."

    This flies in the face of the Bill and Linda foundation. Perhaps the reasoning is to make it so the drug companies get trumped and then the drug patents will be made available to third world. God only knows Bill does not need the money! Yet.

    --
    This message was not sent from an iPhone because Peter Sellers really was a deviated prevert without a dime for the call
  34. Re:since when is Microsoft in the vaccine business by $0.02 · · Score: 2, Funny

    Since they released Windows Live OneCare.

    --
    If enithin kan gow rong it whil. (Murfey)
  35. Smart for MS, dumb for companies like Yahoo and Go by WindBourne · · Score: 1

    THe reason is that Gates is building up ideas based on other ppl. By patenting them in a different company, they will be able to keep them quiet until the patent time.

    What is interesting is that just last week I was suggesting that yahoo needed desperately to put out a call for ideas. Sadly, the only response was from a guy who thinks that an OSS fest is the same thing. It is not, and it is NOT what yahoo needs. Yahoo had good guys working there, but most have left. They DESPERATELY need new ideas that can be patented and controlled. But yahoo in general does not have that spark left. They need good outside blood. So, by holding a contest for ideas, combined with a means to not allow the idea to fall outside of the judges, would allow ppl that have interesting ideas to get them off the ground. Obviously, Yahoo would have to patent the ideas AND either hire the person (ppl?) or compensate them in some fashion.

    But my guess is that companies like Yahoo (and others like Intuit and HP) will follow the same path as AOL and Digital Research.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  36. Could someone explain these patents? by TheJasper · · Score: 1

    The patent on 'Injectable controlled release fluid delivery system' sounds like an insulin pump. I'm sure if I looked I could find more examples.

    The other patent sounds like its trying to patent advertising and statistics.

    Of course when I read patents I generally quickly reach a point where I'm ready to start hanging lawyers. It would be nice if they made a law that said a patent had to be understood and approved by 2 seperate 2nd grade classes. The language currently used seems designed for ambiguity rather than clarity.

  37. What's worrying me... by advocate_one · · Score: 1

    is that a lot of tech companies will go belly up shortly and their patents will be up for auction in fire sales... My problem with patents is that they are treated like property and can be bought and sold... Things would be a lot easier if the patent died when the company/person that took it out went bust/died or were non-transferable when companies got bought out...

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  38. Gladwell's deeply confused argument... by DXLster · · Score: 1
    Malcolm Gladwell's admiring article from The New Yorker http://www.newyorker.com/reporting/2008/05/12/080512fa_fact_gladwell?currentPage=all about IV has an interesting point of confusion. In it, he makes repeated argument that great ideas aren't really all that rare, and that history has seen big inventions some from simultaneous sources on many occasions.

    In order to get one of the greatest inventions of the modern age, in other words, we thought we needed the solitary genius. But if Alexander Graham Bell had fallen into the Grand River and drowned that day back in Brantford, the world would still have had the telephone, the only difference being that the telephone company would have been nicknamed Ma Gray, not Ma Bell.

    If that's the case, Mr. Gladwell, then why do we need a patent system to incent inventors at all? It sounds like we would see just as much innovation without the much vaunted protection that is the foundation of a company like IV.

    In fact, one of the IV ideas for a blood filter to prevent cancer was already in progress by another company. Well, why should that slow IV down for a millisecond? If good ideas are "in the air" as the article seems to propose, then the only thing we might need to protect is the direct manifestation of such ideas. If scarcity of genius is a myth then genius is not in need of protection.

    Gladwell's article basically says "we don't need to patent system."

  39. Fascinating! by mfh · · Score: 1

    I will have to read some of George Lakoff's stuff now. Thanks for the info, and its strangely related to my sig... which was unintended yet still very fascinating to me.

    --
    The dangers of knowledge trigger emotional distress in human beings.