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Beware the King of the Patent Trolls

superapecommando writes "If you haven't heard of Intellectual Ventures, you may want to check this out. Set up by ex-Microsoftie Nathan Myhrvold, with investments from Microsoft among others, it is basically a patenting machine – filing and buying them in huge quantities. Note that it doesn't actually use these patents – except to threaten people with. In other words, Intellectual Ventures is a patent troll – or, rather the King of the Patent Trolls. So I was interested to come across this extremely positive blog post on the company. That it is so positive is hardly surprising, since the blog is called 'Tangible IP,' and subtitled 'ipVA's blog on adding value through intellectual property.' Nonetheless, it provides valuable insights into the mindset of fans of intellectual monopolies. Here's what it says about Intellectual Ventures: 'They are an invention house, and have adopted and reinvented leading edge patent strategies to create a portfolio of their own IP which, in its own, would be of high high worth.' They don't invent anything in the proper, deep sense of the word; they merely file and buy patents – with no intent of ever making stuff or solving real-life problems."

286 comments

  1. You will do by Anonymous Coward · · Score: 5, Funny

    Excellent first sentence, really gets that article off to an awesome start.

    1. Re:You will do by Anonymous Coward · · Score: 0

      I agree, I liked it do.

    2. Re:You will do by Anonymous Coward · · Score: 0

      Did anyone else read that line with Yoda's voice?

    3. Re:You will do by Trepidity · · Score: 1

      It's not entirely unusual grammar in UK English, if somewhat informal.

  2. You will do! by amicusNYCL · · Score: 1, Troll

    If you haven't heard of Intellectual Ventures, you will do.

    Is that some sort of threat?

    --
    "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    1. Re:You will do! by spun · · Score: 4, Funny

      No, it's saying that if you haven't heard of them, you are acceptable. "You will do, Pig, you will do."

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    2. Re:You will do! by MickyTheIdiot · · Score: 2, Funny

      My brain read that as "International Vultures"

      Well... I guess that is pretty close.

    3. Re:You will do! by Anonymous Coward · · Score: 0

      these people make the RIAA look like good samaritans. what a useless bunch of jackasses that need to find real jobs. it's really sad that invention, innovation and progress will probably just come to a halt in the near future because you won't be able to create anything without being sued by some chump looking for a free paycheck. beginning of the end of American dominance?

    4. Re:You will do! by Z00L00K · · Score: 1

      Posts revealing even more patent trolls and how bad they are just makes me upset. Especially right before bedtime.

      Only thing that makes it a bit better is that I live in another country.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    5. Re:You will do! by AlamedaStone · · Score: 1

      My brain read that as "International Vultures"

      Well... I guess that is pretty close.

      Go Team Venture!

      Dr Morpheus must be spinning people in their graves.

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    6. Re:You will do! by flyneye · · Score: 1

      I'd like to patent an anti-Myhrvold device that turns ordinary patent trolls into restaurant grease which may then be recycled into bio-diesel. The drawback to this is your cars exhaust smells like ass and will need several patches and a service pack, but should drive at least halfway to the Office without more than one or two reboots.

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
  3. devil's advocate by FuckingNickName · · Score: 1, Interesting

    Someone invented something which otherwise would not have existed, and in return they got paid money in a chain of payments which ended up with this company. That's how capitalism works - the free trade of commodities.

    The problem lies with the original inventor, if you want: the guy who wanted to be paid for an idea, rather than giving it to the public domain. How many good ideas have you given to the public domain, reader?

    1. Re:devil's advocate by longfalcon · · Score: 0, Flamebait

      it's a really simple principle:

      if i invent something, i am entitled to as much money from it as i can get. if someone else invents something, it should be free for me to license.

      that should describe the resulting discussion....

    2. Re:devil's advocate by spun · · Score: 4, Insightful

      There's a middle ground between 'every idea or work of art is free' and 'we've patented inspirating oxygenated air through an orifice, now pay up.' And no, it is NOT how capitalism works, it is how government granted monopolies work, that's about as far from real capitalism as you can get. As intellectual property is imaginary, made up by people using legislation, not the free market, for OUR benefit, not the inventor's, WE get to decide what's acceptable and what's not.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    3. Re:devil's advocate by Mindcontrolled · · Score: 1

      For some more devilish advocacy to the free marketeers around: I recently heard a talk by an expert for trade law. He basically made the point that the usual patent function theories, e.g. incentive for innovation, reward for inventors, and so on, are besides the point. In his view, the main point of patent law in particular and IP law in general is to make inventions, and in extension, intellectual property, a trade-able commodity. Only if inventions can be traded, their true value can be assessed. The true value of an invention is not the R&D cost behind it, but the price the market assigns for the transfer of the patent rights between market actors, or in a more indirect way, the price the market assigns for a license.

      I realize that this is from his specific point of view, but he has got a point, neglecting, though, the effects of essentially broken litigation systems in some countries, which have a huge impact on the value assessment of patents.

      --
      Ubi solitudinem faciunt, pacem appellant.
    4. Re:devil's advocate by beakerMeep · · Score: 1

      Yeah I'm more inclined to think the problems are in the system itself. I mean if this company files patents on things it reads about, or obvious things, that is trolling (and despicable), but if they merely invest in patents that others have created there is nothing wrong with that at all. I may not like the patent system, but there is nothing wrong with venture capitalism per-say. Article is light on details though, and I wonder why the article said it's hard to know how many patents a company holds. Aren't patents public knowledge? Is there no way to search for patents by ownership? I'm guessing not, but there should be.

      --
      meep
    5. Re:devil's advocate by FuckingNickName · · Score: 1, Redundant

      If you want to philosophise, tangible property is also made up by people using legislation. You have a government granted monopoly on your tangible property: there's nothing in the laws of physics to say that it's yours.

      You are correct that patents/copyrights exist for the benefit of the people, from a US Constitutionalist viewpoint. You the people have decided, via a representative democratic system, that the concept of intellectual property is more appropriate than the concept of temporary monopolies granted for the advancement of science and the useful arts.

      Time for less decision by the masses and more philosophy for a sanely governed state, perhaps?

    6. Re:devil's advocate by oldspewey · · Score: 4, Insightful

      How about something more along the lines of:

      If I invent something, I should be free to parlay that IP into as much profit as I want to, through whatever means suit me (including selling to an IP house), within some reasonable timeframe.

      Similarly, if I buy somebody else's invention (as an IP house), I should have the ability to control that IP to protect my investment for some reasonable period of time, and so long as I can prove I am actively working to realize value from that IP and I'm not just sitting on it in order to stifle innovation.

      Better?

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    7. Re:devil's advocate by Anonymous Coward · · Score: 0

      As intellectual property is imaginary, made up by people using legislation, not the free market, for OUR benefit, not the inventor's, WE get to decide what's acceptable and what's not.

      Huh?

      If someone invents something, patents it, makes it, and then markets it, you get to decide its value by buying it our not. You vote with your money.

    8. Re:devil's advocate by beakerMeep · · Score: 3, Informative
      Replying to myself as I found more details in the economist article about the actual trolling activity this company engages in:

      The idea of raising money to invest explicitly in creating patents is not new, Mr Myhrvold notes: that is what Thomas Edison did. But firms such as his will seek to institutionalise the process so it is not dependent only on a single inventor. Intellectual Ventures has 650 employees, not all of them patent attorneys, and as well as buying patents it develops ideas in-house. In 2009 it applied for about 450 patents for its own inventions—more than Boeing, 3M or Toyota—putting it among the world’s top 50 patent-filers.

      Read more in the Economist article.

      --
      meep
    9. Re:devil's advocate by srussia · · Score: 0, Troll

      Reasonable timeframe, reasonable period of time?

      Heck, since we're using weasel words anyway, let's just reduce all laws to:"You are free to do anything as long as it's reasonable.

      Better?

      --
      Set your phasers on "funky"!
    10. Re:devil's advocate by Wildclaw · · Score: 1

      Someone invented something which otherwise would not have existed,

      Someone invented something which otherwise someone else would have invented sooner or later. Extremely likely sooner if history of inventions tells us anything.

      That's how capitalism works

      Yes

      - the free trade of commodities.

      No, only tradee. It is designation of non physical goods as capital to be owned and traded. A fundamental part of capitalism, but completely opposite of any free market theory that deals in distribution of scarce goods.

    11. Re:devil's advocate by spun · · Score: 1

      Bullshit. I can protect my own tangible property. If I sell it, I don't have it anymore. If I sell my patent or copyrighted work, I still have it, but you also have it, and can sell it.

      It takes FAR more government intervention to protect real property than it does intellectual 'property.' And far more intervention to protect real property than it does to protect personal property. Not all forms of property are the same, or require the same amount of government protection.

      Not sure I understand your middle paragraph. You say, "that the concept of intellectual property is more appropriate than the concept of temporary monopolies granted for the advancement of science and the useful arts." But that is what intellectual property is: temporary monopoly granted for the advancement of the arts and sciences.

      Governance derives from the masses. If you can use philosophy to convince the masses that a certain idea is good governance, great. if not, tough luck.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    12. Re:devil's advocate by AnotherBlackHat · · Score: 1

      Only if inventions can be traded, their true value can be assessed.

      So his point is, that since he can't think of any other way to assess true value, there is no other way?
      And patents are justified because otherwise we'd have to use an approximation of value?

      Maybe it's just me, but I don't find that a very compelling argument.

      -- Should you believe authority without question?

    13. Re:devil's advocate by spun · · Score: 1

      Gah, I meant far LESS government intervention to protect real property than intellectual 'property.' Stupid brain, stupid fingers, why must you betray me?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    14. Re:devil's advocate by spun · · Score: 2, Insightful

      Wrong. The only reason patents and copyright exist is government intervention. Without that, I could sell someone else's work as my own. We wrote the law, without which, there would be no such thing as copyright or patents. Without a law, real and personal property would still exist as such.

      As a voter, I get to vote for representatives who will define copyright and patents as I think they should be defined. Read the constitution and tell me why we even have patents and copyright? To advance the arts and sciences. Not to profit inventors and artists, that's just a side effect.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    15. Re:devil's advocate by oldspewey · · Score: 1

      Well, rather than posting a 120-page comment filled with airtight legal language, I just sort of assumed people would understand the high-level concept.

      Feel free to jump right in there and lawyer it up until it meets your standards.

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    16. Re:devil's advocate by spun · · Score: 1

      Read the US constitution if you'd like to understand why the time frame must be reasonable. We get to define what reasonable means in this case, through legislation. But it must, theoretically, be a limited time. Patents are still limited to a reasonable time, IMHO, but copyright terms are ridiculous and counter to the stated purpose of encouraging the arts.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    17. Re:devil's advocate by spun · · Score: 1

      Your argument is not compelling. Mindcontrolled's argument is. Because they aren't even remotely the same argument..

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    18. Re:devil's advocate by jcr · · Score: 1

      I'm for rolling back patents to the duration that our first patent laws granted, which as I recall was fourteen years. The purpose of patents, is that the state grants a monopoly on their use to the inventor in exchange for disclosure, so that inventors have a reason to tell the public how to do something instead of keeping them as trade secrets which may be forgotten when the inventor dies or goes out of business.

      I'd say it was a mistake to ever consider a patent a form of property, as opposed to a contract between the inventor and the public.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    19. Re:devil's advocate by Arthur+Grumbine · · Score: 3, Interesting

      Reasonable timeframe, reasonable period of time?

      Heck, since we're using weasel words anyway, let's just reduce all laws to:"You are free to do anything as long as it's reasonable.

      I agree with you about the ambiguity of the parent's proposal. How about - the life of a patent is halved with each transfer of ownership? This is unambiguous and severely cripples any potential for patent re-selling, while still retaining significant value for the 1st buyer to make money off of (allowing for inventors to sell their inventions and continue to invent instead of being forced to produce their invention themselves), if the buyer is actually ready/capable to bring the technology/product to market.

      --
      Now that I think about it, I'm pretty sure everything I just said is completely wrong.
    20. Re:devil's advocate by c-reus · · Score: 1

      How about not allowing the patent to change ownership? I mean, shouldn't a patent be proof of the fact that you have invented something?

    21. Re:devil's advocate by FuckingNickName · · Score: 0, Offtopic

      The moderators are angrily moderating to reflect their opinions, which is I guess par for the course, but here goes again...

      I can protect my own tangible property.

      You can protect intellectual property the same ay you protect tangible property: by using force to prevent others from making use of it.

      If I sell my patent or copyrighted work, I still have it

      Define "have". The thoughts which can be formed into the work still exist in your head, but you don't get to make or distribute any tangible expression of those thoughts. You can make that expression, just as you can take back something you've just sold, use it when the other guy isn't, or even use it when he is, if the item can be shared.

      It takes FAR more government intervention to protect real property than it does intellectual 'property.'

      It depends. It's a lot easier, say, for me to get away with stealing your car and selling it on than with selling bootleg copies of some work you have published. Ideas and their expressions have in the past 500 years been controlled far more than the exchange of tangibles, from the Holy Roman Empire's grants of privilegium to Soviet censorship. You may sell your ass, but don't advertise it as resembling your leader. Ideas are way easier to harmonise than *stuff*, though the idealistic student of every generation thinks otherwise.

      But that is what intellectual property is: temporary monopoly granted for the advancement of the arts and sciences.

      No, that's merely the Constitutionalist viewpoint of what IP should instead be. There is also the viewpoints that intellectual property is to be thought of as much like physical property as is possible, and - most importantly - for the benefit of the owner rather than the people.

      Governance derives from the masses.

      I don't get this. What are you trying to say?

    22. Re:devil's advocate by srussia · · Score: 1

      Read the US constitution if you'd like to understand why the time frame must be reasonable. We get to define what reasonable means in this case, through legislation. But it must, theoretically, be a limited time. Patents are still limited to a reasonable time, IMHO, but copyright terms are ridiculous and counter to the stated purpose of encouraging the arts.

      Agree fully. But if the stated purpose is to "To promote the Progress of Science and useful Art", in this Age of the Digital Reproduction of Works, I think the "reasonable" limited Time to be secured to Authors and Inventors for optimal promotion of Progress and useful Art would be on the millisecond scale.

      --
      Set your phasers on "funky"!
    23. Re:devil's advocate by timeOday · · Score: 1

      Without a law, real and personal property would still exist as such.

      Huh? The notion of (physical) property is certainly a legal contrivance. Without law, you may have whatever you can make or take, until the next guy takes it from you, i.e. the law of the jungle.

    24. Re:devil's advocate by ObsessiveMathsFreak · · Score: 1

      There's a middle ground between 'every idea or work of art is free' and 'we've patented inspirating oxygenated air through an orifice, now pay up.'

      Our society doesn't work that way anymore. We can't find any common ground because once one side gains prominence, they use rhetoric and apathy to slowly move society to the more radical position. We have lost the ability to apply common sense, particularly where it comes to the interpretation of the law.

      The very existence of a company like Intellectual Ventures is proof of how the systems we create degenerate to an extreme. The copyright status of the song "Happy Birthday" is another. In the sphere of commerce, the collapse of Enron and Lehman Brothers provide yet more. The overfishing of Tuna, the property bubble, the California amendment system, the punishment of sex offenders, the decline of the media, the war on terrorism with its extraordinary renditions and torture, the filtering/monitoring of the internet, etc, etc.

      The old Anglo-Saxon model of government was that of recognition of both written law and public custom (i.e. common sense). Somewhere along the way, the system lost sight of both. It didn't gravitate towards an Irish model (Less law and more custom) or towards a French one (More law and less custom). The system just degenerated. Right now in the US you can't take pictures of many public monuments or buy your children proper chemistry sets. What frightens me is how much the US model is influencing the rest of the Anglophone world.

      --
      May the Maths Be with you!
    25. Re:devil's advocate by Anonymous Coward · · Score: 0

      Wrong. The only reason patents and copyright exist is government intervention. Without that, I could sell someone else's work as my own. We wrote the law, without which, there would be no such thing as copyright or patents. Without a law, real and personal property would still exist as such.

      No, it wouldn't. Without the law, the strong can take whatever they want.

      There is no difference between tangible and intangible property. Without the law, if you try to take my piano, I can shoot you. Without the law, if you try to sing my song, I can shoot you.

      The law prevents that in to senses, I go to jail if I shoot you and you get to pay or go to jail for taking my property.

    26. Re:devil's advocate by spun · · Score: 2, Insightful

      You don't understand the difference between rival and non-rival goods, do you? How can you share your invention and protect it from everyone, everywhere around the globe, who will copy it? Please try to think these things through before wasting my time with silly arguments that simply don't work. I only have to protect one house or piece of land. I have to protect every copy of my art or invention from everyone who ever sees it.

      I'm not going to explain economics 101 to you just so we can have an intelligent debate. Patents are not the physical thing being patented. Copyright is not a book. Selling a book is different than selling the copyright on that book.

      It's easier for you to steal my car than bootleg my albums? WTF? Why would it even be a problem bootlegging my albums? Will, I don't know, THE GOVERNMENT come and do something about it? You aren't even trying to be rational now. You are just throwing words around, hoping I'll get bored or frustrated and wander off, aren't you?

      It is not 'merely' the constitutionalist viewpoint, it is the supreme law of the land, sorry. If you want to change the constitution, you are welcome to try.

      To be more clear, the legitimacy of governance derives from the agreement of the people being governed. Without that agreement, there is only tyranny, not governance. "Less decisions by the masses" means more tyranny and less freedom, why would the masses agree to that?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    27. Re:devil's advocate by RyuuzakiTetsuya · · Score: 1

      Great.

      I'm signing up for several credit cards, student loans and a mortgage with your personal information.

      Clearly, the free market doesn't mind me committing fraud with your name right?

      --
      Non impediti ratione cogitationus.
    28. Re:devil's advocate by spun · · Score: 1

      So, only live productions should be protected? Why would inventors or artists release their works at all if they only had milliseconds to profit? That isn't promoting anything. Before we go all the way to millisecond terms, let's try going back to the original terms outlined by our forefathers in the constitution.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    29. Re:devil's advocate by spun · · Score: 1

      The difference between rival and non rival property is that I only have to protect the one piece of rival property, whereas I would have to protect every single piece of non-rival property of mine out there, because it can be copied.

      Without the law, you would have to shoot everyone who sings your song. Your argument is so dumb, I feel stupider just from rebutting it.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    30. Re:devil's advocate by spun · · Score: 1

      If I say, 'this is my home, no one may live here but me' without law or society, I can still fairly easily protect that one home from you unless you bring overwhelming force. I do not need to protect my home from everyone in the world. Some dude in China is not going to march over here and take it.

      If I say, 'This is my song, no one may sing it but me,' without law or society, I would need to coerce every single person who could potentially hear my song into not singing it. I would need to march over to China and make sure that dude doesn't sing it.

      Rival property: I must only prevent local people from physically taking it from me. Non-rival property: I must coerce everyone in the entire world into not copying it. "Taking it from me" is not the same thing as "Copying it." One specific piece of real property is not the same thing as potentially infinite copies of intellectual property.

      Please tell me you understand that vast, vast difference?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    31. Re:devil's advocate by Mindcontrolled · · Score: 2, Informative

      I don't know the numbers for the US, but in Europe, the average lifetime of a patent is 8 years - US numbers are probably not that different, as it costs an increasing yearly fee to keep patents alive. Patents do not suffer from repeated lifetime extension like copyright does. The maximum duration of 20 years for patents is only realized for really profitable stuff. If you want to rally against endless IP protection - target copyright.

      --
      Ubi solitudinem faciunt, pacem appellant.
    32. Re:devil's advocate by spun · · Score: 1

      The free market doesn't give a crap what you do, it's a market, not a government. The free market doesn't make rules, people do.

      You do realize that we aren't discussing fraud here, right? That is, you know, already covered under a completely different and unrelated law.

      What in the hell are you even trying to say here?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    33. Re:devil's advocate by Arthur+Grumbine · · Score: 1

      This would remove the possibility for a dedicated inventor, who doesn't want to (or isn't capable to) deal with the complexities/difficulties with bringing his invention to market, or licensing the technology, but who would like to sell the patent to someone else to fund his own further inventing.

      --
      Now that I think about it, I'm pretty sure everything I just said is completely wrong.
    34. Re:devil's advocate by Anonymous Coward · · Score: 0

      Wrong. The only reason patents and copyright exist is government intervention. Without that, I could sell someone else's work as my own. We wrote the law, without which, there would be no such thing as copyright or patents. Without a law, real and personal property would still exist as such.

      As a voter, I get to vote for representatives who will define copyright and patents as I think they should be defined. Read the constitution and tell me why we even have patents and copyright? To advance the arts and sciences. Not to profit inventors and artists, that's just a side effect.

      Wait, the purpose of copyright and patents is to advance the arts and sciences BY giving inventors and artists a way to earn money with it, thus making it attractive to actually get your ass out there and advance the arts and sciences.
      Right?

    35. Re:devil's advocate by RyuuzakiTetsuya · · Score: 1

      Because I'm saying that your intellectual property, your own identity, is subject to the non-existent rules of the free market too. Clearly you don't care that someone has to enforce ownership rights at some point.

      --
      Non impediti ratione cogitationus.
    36. Re:devil's advocate by srussia · · Score: 1

      Well, if Intellectual Property aspires to the same ontological status as plain old property, such restrictions shouldn't be necessary, should it?

      --
      Set your phasers on "funky"!
    37. Re:devil's advocate by spun · · Score: 1

      I can enforce my own ownership rights very easily for tangible property I am currently using. First, I don't need to protect it from everyone in the world, I just need to protect it from people nearby, because they need to come and physically remove me from the property.

      For tangible property I am not using, I need a little more help. For non tangible property, I need A LOT of help protecting it. In fact, I need to prevent everyone in the world from copying it.

      Copying is very different than physically taking something. "Everyone in the world" is not the same thing as "people nearby."

      Fraud is not a form of free market. You can't 'steal my identity.' I still have it. You would be committing fraud. That is something very different than copying an album. Fraud is covered by different laws than copyright and patents. Those laws exist for very different reasons. Nobody, anywhere, claims 'ownership rights' to their identity. Except maybe celebrities, and they claim it not to prevent fraud, but for standard copyright reasons: they don't want others making money off their images.

      As far as I know, we were discussing copyright and patent, not fraud. Why go off on an unrelated tangent like that?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    38. Re:devil's advocate by Anonymous Coward · · Score: 0

      Well the dedicated inventor could go into a partnership with someone with capital raising and management experience. Seems to me that's how Google and many other companies got started.

    39. Re:devil's advocate by RyuuzakiTetsuya · · Score: 1

      Me saying "I invented something" when you indeed did invent such thing is also fraud.

      It's the entire corner stone to the patent process. Because that kind of IP violation is fraud rather than not paying for compensation for intellectual property.

      --
      Non impediti ratione cogitationus.
    40. Re:devil's advocate by FuckingNickName · · Score: 1

      You don't understand the difference between rival and non-rival goods, do you?

      In the post to which you are responding, I've tried to illustrate that there is no such binary difference - my "understanding" is that the very notions of rival vs nonrival are over-simplifications. How could you read into my elaboration that I'm not recognising your faulty premise?

      How can you share your invention and protect it from everyone, everywhere around the globe, who will copy it?

      The same way I protect my car from being stolen, driven half way across the country and chopped up for parts before I wake in the morning - with a little bit of vigilance and a lot of reliance on the police and justice system (including the threat of police and justice system).

      I only have to protect one house or piece of land.

      And yet, without the government, someone with a couple more hired guns than you will take that house or piece of land from you. Your anarchistic dream that you somehow have the strength to protect your own land has been refuted by millennia of society where one powerful group of people always ends up providing monopoly protection (even if it's just via the threat of force).

      I have to protect every copy of my art or invention from everyone who ever sees it.

      It depends what your aim is. If your aim is to participate in a capitalist economy and make profit then, contrary to RIAA whinings, a pirated CD is not necessarily a lost sale, so all those torrents of your crappy album won't make a blind bit of difference to your bottom line. On the other hand, only one person has to steal your car and kill your dog once to make a significant difference to your life.

      Because you're probably not harmed if someone takes your IP, and identification of culprit and restitution is usually possible either way, protection from the harm of IP "theft" is far simpler than protection from the harm of "theft" of tangible property. This is anathema to conventional Free Information/Software thinking, yet developed societies of the past few hundred years have all been more successful at controlling the spread of ideas and their expressions than at controlling the dealing in tangible property.

      It is not 'merely' the constitutionalist viewpoint, it is the supreme law of the land, sorry

      A Constitutionalist viewpoint is one which tries to understand the aims of the framers of the Constitution. Your sophistry is to imply that, because certain laws are interpreted by certain people to be within the letter of the Constitution, they must be within the original spirit of the Constitution. In the latter half of C20, the US moved from its own Constitutionalist interpretation of IP, based on the writings of the Framers, to one adopted in Europe based on the idea of intellectual property, whence Berne etc. Thus "limited times" became bastardised into "arbitrary time", for example. There is nothing Constitutionalist about current copyright law.

      To be more clear, the legitimacy of governance derives from the agreement of the people being governed.

      Agreement in what sense? Consensus or majority? Representative or direct? If enough people vote to have you killed, is it OK to kill you? You're being vague again.

      "Less decisions by the masses" means more tyranny and less freedom, why would the masses agree to that?

      Why would you not agree to the masses deciding to have you killed? I don't know. You tell me.

      I think the main fallacy in your argument is your assumption that the purpose of property is to be able to say, "It's mine, and you can't touch it!" This childish basis explains why you think IP protection is impossible (after all, the aim is to stop anyone else listening to your record without your permission, right?) and is the foundation of precisely no extant society.

      You are

    41. Re:devil's advocate by Etyme · · Score: 1

      Someone invented something which otherwise would not have existed, and in return they got paid money in a chain of payments which ended up with this company. That's how capitalism works - the free trade of commodities.

      Yeah, but patents aren't just based on capitalism. They're based on intellectual property legislation, and the point of that legislation is to encourage technological development. The moment that patent laws no longer bolster innovation and research, they become illegitimate. Patent trolls are clear evidence that current law does not produce innovation. If software patents had any actual value, people would use them for more than just lawsuits.

    42. Re:devil's advocate by Anonymous Coward · · Score: 0

      Or patents could require yearly renewals, with the cost for renewal doubling each year.

    43. Re:devil's advocate by FireFury03 · · Score: 1

      This would remove the possibility for a dedicated inventor, who doesn't want to (or isn't capable to) deal with the complexities/difficulties with bringing his invention to market, or licensing the technology, but who would like to sell the patent to someone else to fund his own further inventing.

      Make it that the inventor cannot sell the patent, but is allowed to licence it so long as he is paid by royalties. i.e. if the inventor chooses to exclusively licence it to a company that is not interested in developing it, he doesn't get any money. (Obviously suing someone else for patent infringement wouldn't invoke royalties to be paid).

      So all an inventor has to do to get paid, is either develop and sell the invention himself, or licence the patent to a company who develops and sells it. The value of the inventor's work is coming up with an idea which can be developed into a product that consumers can buy - if this never happens, the inventor shouldn't get paid. This significantly reduces the value of patents as legal weapons since the inventor himself does not benefit from the licensee suing people.

    44. Re:devil's advocate by spitzak · · Score: 1

      There is a HUGE difference.

      It would be pretty easy to determine if somebody is taking your piano, and then shoot him. You just stay near the piano, with a gun, and watch it.

      I don't think that is going to work to prevent somebody from singing your song. Sitting near the song watching it with a gun is not going to prevent that person who heard it last week and is now in China from singing it.

      I agree with the GP that there is a VAST difference and you are refusing to see it.

    45. Re:devil's advocate by FireFury03 · · Score: 1

      Huh?

      If someone invents something, patents it, makes it, and then markets it, you get to decide its value by buying it our not. You vote with your money.

      You get to determine the value of the physical product that results from the development of the patented idea. However, the value of the patent itself (which, whilst not physical, can still be bought and sold) is determined by several factors:

      • The sale value of current products that were developed from the patent.
      • The potential sale value of future products that will be developed from the patent.
      • The potential losses averted by the ability to use that patent for cross-licensing in defence of a (possibly unrelated) patent lawsuit.
      • The potential profit created by suing someone who infringes the patent (the profit could be what you win in the lawsuit, or extra money you get in the long term by keeping your competitors from gaining a foothold in the market).

      Yes, some of these factors are pretty degenerate, but that's the sad reality of the current patent system.

    46. Re:devil's advocate by Anonymous Coward · · Score: 0

      I agree with the GP that there is a VAST difference and you are refusing to see it.

      I am not refusing to see that you agree with the GP.

      Difference in quantity is not diff erence in principle. In both cases, there is something that I feel belong to me, there is how ever a difference in quantity of how many that can take it at the same time.

    47. Re:devil's advocate by Anonymous Coward · · Score: 0

      This seems hard for some people to understand. It's like the diminishing returns on decreasing tax rates to generate an economic stimulus as compared to the corresponding loss in tax revenue and resulting government deficits (which interestingly enough the same people tend to have a problem understanding). It's not that hard really.

      A certain amount of people will invent (or write/compose) and invest in developing those inventions no matter what IP protections are provided. By providing some IP protection for a given amount of time, some additional funding may be secured whereby additional creation is supported. However in exchange, those intellectual products are subject to control by the creator and cannot be exploited as fully by society. This process has diminishing returns because additional incremental time provided as protection secures diminishing increases in research/creative funding but imposes additional costs on society by limiting the use of those inventions as a basis for further development. There comes a point where the overall change in freely available intellectual assets in the public domain decreases (2nd order derivative), and a further point where all intellectual assets (free and encumbered) cease to significantly increase no matter how much the protection period is increased because the duration increase provides no significant change to typical investment return calculations.

      There is good evidence that the optimum duration for this period has been vastly exceeded regarding copyright law (a high proportion of intellectual assets are being discarded before copyright runs out) and that patents are an unnecessary burden on fast-moving intellectual fields like computer science and software engineering.

    48. Re:devil's advocate by Arthur+Grumbine · · Score: 1

      ...or license the patent to a company who develops and sells it. The value of the inventor's work is coming up with an idea which can be developed into a product that consumers can buy - if this never happens, the inventor shouldn't get paid. This significantly reduces the value of patents as legal weapons since the inventor himself does not benefit from the licensee suing people.

      I'm not sure I fully understand your proposal - specifically, who is able to sue infringers? If the licensee is (at your proposal suggests), then I don't see how this prevents companies from buying/hoarding myriad licensee rights simply for the sake of litigation (with no intention of production), which is the primary issue I was trying to mitigate with my proposal.

      --
      Now that I think about it, I'm pretty sure everything I just said is completely wrong.
    49. Re:devil's advocate by BlackSnake112 · · Score: 1

      My personal opinion is if the patent is of something tangible (like an engine design or type of electric motor) you have to make a prototype in 3-5 years or else the patent is void. For software you have to have it written and somewhat usable (it can still have bugs seen windows anyone?) but it is there also in 3-5 years. After said time the patent should be re-evaluated. If the patent office feel you do not have enough to hold the patent. That patent is void. If you do not have something at all, the patent is void.

      The patent system was supposed to allow the little guy to make something to compete with the big companies. Companies wording patents with no product is completely against what the patent system was supposed to do.

    50. Re:devil's advocate by Sark666 · · Score: 1

      'Someone invented something which otherwise would not have existed,YET'

      Fixed that for you. It's a bold claim that the world would have been forever deprived of such n such 'novel' invention. Most patents are trival, and someone else would have came up with it. I would say most of these unique inventions were practically inevitable.

      But ignoring that, I think to hold the rights to a patent you should, heaven forbid, actually use the patented invention in your business or forfeit it.

      It should be: I have a patent on this product which I still currently produce and company x is taking away from my market share by infringing on my patent without permission. Not: I have never produced/sold anything outlined in the patent ever, I just hold on to this to legally threaten companies who infringe on the patent and milk them for profit, which in turn is put towards stock-piling more patents.

    51. Re:devil's advocate by Anonymous Coward · · Score: 0

      Without the law, you would have to shoot everyone who sings your song. Your argument is so dumb, I feel stupider just from rebutting it.

      Stupid is who stupid does. Just because you don't agree does not make the argument dumb.

      You do have a point, but my argument never relied on how easy it was to defend, just that the same actions can be taken without the law.

      Besides, you are wrong. I wouldn't have to shoot everyone who sings the song. People would stop singing it when they realise the risk.

      The good thing about law is that there is no need for such drastic actions to prevent people from taking what belong to us.

      The bad thing about law is that it is not perfect and in some senses were written by lawyers to make lawyers money. But that is a whole different point.

    52. Re:devil's advocate by FireFury03 · · Score: 1

      ...or license the patent to a company who develops and sells it. The value of the inventor's work is coming up with an idea which can be developed into a product that consumers can buy - if this never happens, the inventor shouldn't get paid. This significantly reduces the value of patents as legal weapons since the inventor himself does not benefit from the licensee suing people.

      I'm not sure I fully understand your proposal - specifically, who is able to sue infringers?

      The patent holder (inventor), or the licensee if the licence assigned that ability to them. But my point is that the inventor wouldn't get any money from licensing the patent to a company that is only interested in using it as litigation material. If the licensee wants to develop and sell a product based on the patent then that's fine and the inventor would be paid royalties, similarly the inventor could assign the ability to defend the patent to the licensee.

      I don't see how this prevents companies from buying/hoarding myriad licensee rights simply for the sake of litigation

      Why would the inventor license the patent to them if they are not interested in actually selling something based on it (and thus paying him)?

      Anyway, I'm not necessarily saying that this is *the* solution that I would want to see enacted to fix the patent system, I'm just suggesting that it might improve it a bit from its current state. IMHO the whole patent system is utterly broken and the whole thing needs to be abolished. I'm not entirely convinced that we should have anything to take its place, but if we do I certainly think its scope should be far narrower than the current system.

    53. Re:devil's advocate by spun · · Score: 1

      Okay, I'm beginning to understand your position, and honestly, we may not be on exactly the same page, but I think we're in the same chapter.

      Let me ask, have you read any Proudhon? I recommend "Property is Theft!"

      I know that in reality, I may have a hard time protecting my real property if society breaks down. All I'm trying to say is, it would be easier to protect my personal or real property in such a situation than it would be to protect my artificial monopoly on creative works.

      Without an enforced monopoly, anyone could copy my work without paying me for it. Not just random guys on the Internet, big companies. That would drive the price for copies of my work down to commodity pricing levels. Yes, it would only take one guy to steal my car, but how many would want to, as opposed to how many would want to copy my work? I'm sorry, but stealing a car takes more effort than copying a song.

      In your paragraph on Constitutionalism, I can see that you've been arguing against an imaginary opponent. That's okay, because I don't think I've been arguing against what your really saying either, anymore. To be clear, I agree 100% with your statement that "There is nothing Constitutionalist about current copyright law." And I agree with your explanation as to how and why that became true. Including the fact that Europe sees copyright as a natural right of artists, which is very different than our original viewpoint on the matter. Hell, we were some of the biggest 'pirates' on the planet back then, at least when it came to other country's IP.

      Agreement in what sense? Uh, come on. In whatever sense was agreed to! If you agree to a consensus process, then it means consensus, and so forth. You agree by accepting the benefits of living in society, and agreeing to play by the rules. As with any other contract, it's valid when you offer something of value and accept something of value. Which is what you've done, by staying in America.

      I would not be a part of a society that agreed to kill people for arbitrary reasons. If I do something that society feels I need to be killed for, well, I might not like it, but I agree with the principle.

      In the case of a creative work, the only 'fruits of your labor' you are entitled to enjoy is that singular work. Why should you be able to enjoy the fruits of someone else's work? That's what you are doing when you profit from someone else's copy of your work. After all, I have a natural right to create anything I can experience or imagine. If you didn't want me to copy it, why did you show it to me?

      In any case, could you please explain to me how you can enjoy the fruits of your labor without saying 'It's mine and you can't touch it?' If you can just take it, and it is a rival good, then I can't enjoy it. I it is non-rival, you can copy it (fruits of your labor) and I can still enjoy the copy I have (fruits of my labor.)

      As I said, you've not grasped my argument. My fault, obviously. And I've not grasped yours (but I am now, I hope) My rant is not based on the idea that tangible=real, intangible=imaginary.

      It is more complex than that. It is based partly on the idea that certain classes of property require more work to protect than other classes. It is also based on the idea that intangible property is non-rival, meaning, the laws of the free market, which are meant to adjudicate the distribution of scarce resources, do not apply. There is no scarcity with intangible goods. If I share an idea, I do not lose that idea.

      The points I'm trying to make are:
      1.) Intellectual property is an artificial monopoly on a non-rival good, which turns it into a rival good.
      2.) Real property is a rival good. If I have it, you don't.
      3.) It is easier to protect a rival good because there is only one of it. To protect a non-rival good, we must prevent everyone from copying any copy out there. That is harder than preventing someone from stealing a physical thing. How would you even know if your work was copied?
      4.) The original intent of the fra

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    54. Re:devil's advocate by spun · · Score: 1

      My point is, patents and copyrights are artificial monopolies that turn a non rival good into a rival good. Without a good reason, this is simply counter productive. The good reason given in the constitution is to promote the arts and sciences. If the copyright and patent systems do that, they are functioning correctly. If they do not do that, they have failed and must be changed.

      This artificial, government enforced monopoly is not natural. It does not exist so that creators may profit. It exists so we all may profit. If we are not profiting from the artificial system we created, we should vote against it. With our votes, not our dollars. It isn't the product we are voting against, but the system that creates an artificial scarcity of that product.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    55. Re:devil's advocate by Smallpond · · Score: 1

      I patented a process for fixing that which I call "proofreading". So far I can't find any examples of where it has been tried before.

    56. Re:devil's advocate by dbIII · · Score: 1

      This isn't capitalism. This is just paying a government to nobble your competition for you.

    57. Re:devil's advocate by Anci3nt+of+Days · · Score: 1

      As a law student - "reasonable timeframe", and "reasonable period of time" are examples of perfectly airtight legal language.

      Pretty much all laws </exaggeration> have some sort of 'reasonable man' component, which is so abstract as to be anything but reasonable. But without the ambiguity the law would be arbitrary and wouldn't support justice. And by justice I mean billable hours.

    58. Re:devil's advocate by snowwrestler · · Score: 1

      Since copyrights and patents only protect the ability to profit from IP, not the IP itself, you would only need to enforce it where it deprives you of the opportunity to profit yourself--i.e. locally.

      In an apocryphal primitive world, you could go down the hill and shoot the guy who is selling your tractor design as easily as you could shoot the guy who trespassed on your property. The copies in China wouldn't matter since you couldn't sell your own copies there anyway.

      There's nothing in the concept of IP law that prevents people from singing songs they hear, by the way. It's only the distribution of tangible copies that is regulated--the act of trade.

      --
      Build a man a fire, he's warm for one night. Set him on fire, and he's warm for the rest of his life.
    59. Re:devil's advocate by spun · · Score: 1

      Sorry, but in reality, Girl Scouts, as an example, can't sing copyrighted songs at their jamborees. Just because the copyright owners don't go after everyone doesn't mean they couldn't if they wanted to.

      And to illustrate the difference between real and imaginary property, let me point out that you could easily trade real goods with China, even without a government. People did, way back through prehistory. But they never sold songs.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    60. Re:devil's advocate by snowwrestler · · Score: 1

      Yes they can. For someone so skeptical of the legitimacy of intellectual property, you are giving it ridiculous amounts of power.

      --
      Build a man a fire, he's warm for one night. Set him on fire, and he's warm for the rest of his life.
    61. Re:devil's advocate by spun · · Score: 1

      So why should we care who gets the merchandising deal from a movie or the song tie-in on a variety show? One reason is that the publishers' sights are set on the public. It is, for example, technically against the law for Girl Scouts to sing "This Land Is Your Land" and "Puff, the Magic Dragon" around a campfire without paying royalties. The American Society of Composers, Authors and Publishers tried to collect such royalties. It backed off only after it faced public outrage—which was fanned by restaurateurs wanting to play the radio without having to pay fees. It now charges the Scouts $1 a year, foregoing real profits while making it clear that the girls sing only by ASCAP's belatedly good graces.

      From: http://www.legalaffairs.org/issues/July-August-2003/feature_zittrain_julaug03.msp

      ASCAP attracted media attention in 1996 when it threatened Girl Scouts of the USA and Boy Scouts of America camps that sang ASCAP's copyrighted works at camps with lawsuits for not paying licensing fees.[19] These threats were later retracted,[20] however they have drawn negative attention for cracking down on licensing fees on other occasions as well, such as when they demand that open mic events need to pay licensing (even if most or all of the songs are original).[21]

      From the wiki page on ASCAP: http://en.wikipedia.org/wiki/American_Society_of_Composers,_Authors_and_Publishers#Criticism

      It was only public outcry that forced ASCAP to sell rights to the Girl Scouts for a dollar a year.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  4. IP is all we have left. by maillemaker · · Score: 0, Flamebait

    Moreover, Intellectual Property is one of the last assets the United States has left to profit from. We don't actually make much anymore, we just invent it and have someone else make it. If we don't control the profits from the inventing, we're fucked.

    --
    A work that expires before its copyright never enters the public domain and thus enjoys eternal copyright protection.
    1. Re:IP is all we have left. by Anonymous Coward · · Score: 1, Interesting

      Sorry that you went in that direction. You are already fucked since this won't work in the long run.

    2. Re:IP is all we have left. by MaskedSlacker · · Score: 5, Informative

      WARNING

      Parent post filled with misinformed bullshit.

      The US remains the leading manufacturer in the world by value: http://en.wikipedia.org/wiki/US_Economy#Manufacturing

    3. Re:IP is all we have left. by cwrinn · · Score: 0, Troll

      [citation needed]

      --
      Here's a cookie... *psst* it's MAGIC
    4. Re:IP is all we have left. by Anonymous Coward · · Score: 0

      That statement is from 2007. Things change.

    5. Re:IP is all we have left. by Anonymous Coward · · Score: 0

      China controls their currency to seriously under-evaluate its real value. Multiply the Chinese economy by a factor of 5 to 10 to give you the real value of Chinese manufacturing. The USA is far, far behind.

      Big businesses using China to manufacture their products are working against their own country. It should be illegal and they should be fined via import fees to compensate and economically force them to manufacture their products in the USA.

    6. Re:IP is all we have left. by Znork · · Score: 1

      You make the mistaken assumption that IP adds value to an economy. It doesn't. It's a way of redistributing, and eventually, removing value from the economy; those paying for the IP are in the economy subject to the IP, those receiving the payment may or may not be. Fundamentally it's equivalent to a taxation form where the recipients may be outside the economy where the tax is levied.

      So saying we need IPR to make a profit in the future is the equivalent of saying we need more taxes and we need to give corporations in other countries a lot of the proceeds or we're fscked.

      Somehow that doesn't exactly sound like a very good business plan to me. I'm sure it's great business for the recipients (who tend to be the only stakeholders represented as by calling it 'property' instead of 'tax' some seem to assume that the money isn't taken from someone else), but for everyone else, it's simply another of those economic burdens that are making rapidly making western economies uncompetitive.

    7. Re:IP is all we have left. by MaskedSlacker · · Score: 3, Informative

      http://www.wnd.com/index.php?pageId=121034 Cites a Federal Reserve Report for last November.

      For the year 2008, the Federal Reserve estimates that the value of U.S. manufacturing output was about $3.7 trillion (in 2008 dollars). If the U.S. manufacturing sector were a separate economy, with its own GDP, it would be tied with Germany as the world's fourth-richest economy. The GDPs are: U.S. ($14.2 trillion), Japan ($4.9 trillion), China ($4.3 trillion), U.S. manufacturing ($3.7 trillion), Germany ($3.7 trillion), France ($2.9 trillion) and the United Kingdom ($2.7 trillion).

      More data from the same Federal Reserve report from last November:

      http://blog.american.com/?p=8593

      Manufacturing has seen the same changes over the last forty years that agriculture saw over the previous two hundred: Productivity per worker rose so much that fewer and fewer workers were needed to produce just as much stuff. This freed those workers to do other things, increasing the wealth of society. So manufacturing jobs have fallen--but we produce more than we ever have, and more than anyone else, including China. This is a GOOD thing, because it frees those workers to do other things, producing more goods and services for society as a whole.

    8. Re:IP is all we have left. by pcfixup4ua · · Score: 0

      The parent post is more right than wrong ... we don't export as much manufactured goods as we used to. That, and our increasing consumption of foreign natural resources (mainly oil) has caused increasing trade deficits. The royalties we can get from IP , along with a reduction in consumption, can restore our economic balance. http://www.census.gov/foreign-trade/statistics/historical/gands.txt http://www.census.gov/foreign-trade/data/index.html

    9. Re:IP is all we have left. by MaskedSlacker · · Score: 1

      No, they haven't. Data from a Federal Reserve report from six months ago says the same thing:

      http://blog.american.com/?p=8593

    10. Re:IP is all we have left. by MaskedSlacker · · Score: 1

      Multiply the Chinese economy by a factor of 5 to 10 to give you the real value of Chinese manufacturing. The USA is far, far behind.

      No economist with half a brain would endorse this. Even on a PPP basis (the actual adjustment an economist would use, which gives a factor of less than two), the US is not behind.

    11. Re:IP is all we have left. by cbope · · Score: 0, Troll

      Is that report from the same Federal Reserve that *enabled* the whole US economy to go into the dumpster recently?

      Oh yeah, that's a reputable source of economic data.

    12. Re:IP is all we have left. by spun · · Score: 1

      Are you claiming the Federal Reserve is lying about basic economic statistics? That's actually a far more serious charge than saying they failed as regulators.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    13. Re:IP is all we have left. by NFN_NLN · · Score: 1

      Are you claiming the Federal Reserve is lying about basic economic statistics? That's actually a far more serious charge than saying they failed as regulators.

      Are you kidding? The government manipulates the Consumer Price Index on a regular basis, this is a fact!

      If sector X (ie energy goes up in price), then X's weighting is magically reduced. By their standards we all own computers that would otherwise be worth millions of dollars in the 60's so we're ALL rich. Of course, the average person can't afford proper health care or a diet of non-processed food, but WE'RE RICH!

    14. Re:IP is all we have left. by tmosley · · Score: 1

      Well, productivity numbers from the government count productivity from foreign workers toward the US number, while not including those worker's salaries. It just doesn't make any sense.

      The numbers our government puts out are so far skewed that they aren't worth anything any more. If you want real basic economic numbers, try shadowstats.com

    15. Re:IP is all we have left. by frosty_tsm · · Score: 1

      While this is encouraging, I wonder if these numbers are in local currency. We might produce more, but in comparison to China the immediate $ value is higher (in China, the output is cheap enough that even after shipping it across the world it's still cheaper).

      My other concern is that we're not going to see the advancement due to less manufacturing jobs as we saw with farming. Farmers had to be self-motivated (to at least a certain point), be independent, and show ingenuity. Being a factory worker doesn't require any of that (generalizations for both). More specifically, a auto-union worker who spent most of his working life protecting his union job isn't very likely to go out and do something drastically innovative. The industrial revolution already happened and the tech revolution isn't as accessible.

    16. Re:IP is all we have left. by Anonymous Coward · · Score: 0

      It's called the substitution effect. Economics - do you speak it?

      Furthermore your an idiot. Why? Because the reason why people feel they're "poor" is because they have so much shit to buy. In the 50's you generally didn't have a dishwasher, clothes dryer, and washing machine. You had your wife do it for you. In the 50's we didn't spend as much on healthcare because we weren't as good at it. If we provided the same level of care today as we did in the 50's then healthcare would be pretty damn cheap. You had one car and you all shared it - not two cars for mom and dad and a car for every kid over age 16. Not to mention you probably shared a bedroom with your little brother since you lived in a house about 50% smaller than today's homes. And you better have had some loose fitting clothing because only fancy stores have air conditioning. You're gonna sweat like balls at night. Oh - and we didn't have a cable bill, we didn't have a cell phone bill, and we didn't have an internet bill.

      People only feel poor today because they have so much more that people consider "necessities". Living the lifestyle that those in the 50's lived today would make you feel quite wealthy.

    17. Re:IP is all we have left. by commodore64_love · · Score: 1

      On the other hand the People of these united States also benefit from IP that becomes public domain, so that the "fire" of invention can light the minds & lives of all. To quote Jefferson:

      Take for instance, the tables of M. de Buffon... according to which half of those of 21 years and upwards, living at any one instant of time, will be dead in 18 years 8 months, or say 19 years as the nearest integral number. Then 19 years is the term beyond which neither the representatives of a nation, nor even the whole nation itself assembled, can validly extend a debt... This principle that the earth belongs to the living, and not to the dead, is of very extensive application... Establish the principle in the new law to be passed for protecting copyrights and new inventions, by securing the exclusive right for 19 years.

      A computation using life tables from 1992 gives a Jeffersonian copyright term of 30 years. (Vital Statistics of the United States 1992, Volume II--Mortality, Part A, Public Health Service, Hyattsville, 1996, Section 6, Table 6-1.) That is a reasonable amount of time for an inventor (either person or corporation) to profit from his labor.

      It means that the Mickey Mouse character which Walt Disney created would have fell into public domain in 1959..... just a few years prior to Disney's own death. e could have new Mickey Mouse cartoons, created by any American who desired to do it, rather than have "him" locked in a vault and rarely seen.

      It also means the if Intellectual Ventures "lock up" these ideas behind a wall and not develope them, the damage to society would be less, since the copyright/patent would expire circa 2025 and become public domain.

      P.S.

      One of Jefferson's most famous statements on patent law was in his often-quoted letter of August 13, 1813 to Isaac McPherson, in which he wrote that, since there is no natural right to property in land, how much less is there a natural right to a property in ideas.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    18. Re:IP is all we have left. by Anonymous Coward · · Score: 0

      Everything you said is just meaningless drivel meant to coincide with your narrow-minded view of human nature.

    19. Re:IP is all we have left. by Anonymous Coward · · Score: 0

      like be unemployed/under-employed, for example...

    20. Re:IP is all we have left. by winomonkey · · Score: 1
      In the quoted Wikipedia article, it also states that "food processing" is considered to be a part of the large umbrella that is "manufacturing". If you look to another link, here, you will see that the processed food industry has a sales total of 3.2 billion dollars. Looking at a response to your post by Masked Slacker, the Federal Reserve report estimated that

      the value of U.S. manufacturing output was about $3.7 trillion (in 2008 dollars)

      So, I feel that there may be some room to argue that America is not the same kind of manufacturing entity it once was. According to the numbers (which, admittedly, come from different reports and cannot be guaranteed to be the best for this comparison), the food processing industry drives about 84% of the manufacturing total in America. The biggest manufacturers in the food industry are Nestle and PepsiCo, not the Hoover (now a part of Techtronic Industries, in Hong Kong), Fridgidaire (now a part of Electrolux, which appears to be made mostly in Eastern Europe, though there still may be an Ohio factory), and other manufacturers that were synonymous with the "Made in America" quality of the 50's and 60's.

    21. Re:IP is all we have left. by Plekto · · Score: 1

      So saying we need IPR to make a profit in the future is the equivalent of saying we need more taxes and we need to give corporations in other countries a lot of the proceeds or we're fscked.

      And you wonder why companies are moving, no RUNNING as fast as they can to the one place left on the planet(China) where none of this applies?

    22. Re:IP is all we have left. by Magnus+Pym · · Score: 5, Informative

      These numbers are bogus. They include products made abroad by nominally American companies. All the cars produced by GM in China are counted as part of this. If you remove the offshore production, the GDP and manufacturing has been in decline for more than a decade. This has been exposed multiple times in the business press. BusinessWeek had an excellent article on this about a year back.

    23. Re:IP is all we have left. by OzoneLad · · Score: 1

      Do those statistics include goods manufactured outside the US by US companies, using local labour? It seems disingenuous to tout the value of the US manufacturing sector if it only profits its owners and workers in foreign countries.

    24. Re:IP is all we have left. by afidel · · Score: 1

      since you lived in a house about 50% smaller than today's homes.

      Try ~75% smaller. My house is from 1962, it's very typical of a house from that era at just under 1200 sq ft. When I bought it in 2004 I couldn't interest a builder in anything smaller than 3,000 sq ft and 4,000+ was the norm. If I could have built a reasonable sized house with modern efficiencies I would have but as it is I have a small inefficient home that still costs me a way smaller percentage of my wages.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    25. Re:IP is all we have left. by afidel · · Score: 1

      Are you missing the difference between trillion and billion? Or did you say mean to say that the food industry is 3.2 trillion?

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    26. Re:IP is all we have left. by westlake · · Score: 1

      These numbers are bogus. They include products made abroad by nominally American companies. All the cars produced by GM in China are counted as part of this.

      So what are the numbers for manufacturing and asssembly in the US by companies which are wholly or in part foreign owned?

      Toyota, for example, currently employs about 30,000 industrial workers in in Alabama, Indiana, Texas and West Virginia, with a new plant slated for construction in Mississippi. The car in front is still a Toyota

    27. Re:IP is all we have left. by Thinboy00 · · Score: 1

      So use GNP instead.

      --
      $ make available
    28. Re:IP is all we have left. by Anonymous Coward · · Score: 0

      Furthermore your an idiot.

      LOL

    29. Re:IP is all we have left. by Anonymous Coward · · Score: 0

      Some employees received waaaay too much free time to do other things, decreasing the wealth of society. I am talking about those who were let go because a machine could do the job of many for less time and expense.

    30. Re:IP is all we have left. by Anonymous Coward · · Score: 0

      "This is a GOOD thing, because it frees those workers to do other things, producing more goods and services for society as a whole."

      Except there's a limit, you free market fundies have to learn the idea that things are finite.

    31. Re:IP is all we have left. by Hal_Porter · · Score: 1

      The car in front is still a Toyota

      I hope the car behind isn't.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    32. Re:IP is all we have left. by MaskedSlacker · · Score: 1

      I'm hardly a free market fundie.

      Of course there's a limit, which is why as goods productivity rises more workers move into services. There are problems with this, but most of them could be at least partially solved by 1) treating capital gains as regular income (because rising goods productivity tends to favor capital gains income over wage income) and 2) adjustments over time in the wage structure of the service sectors.

  5. Information Economy by oldhack · · Score: 3, Interesting

    Information economy only works if you have mega army to enforce it.

    --
    Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    1. Re:Information Economy by Anonymous Coward · · Score: 0

      Almost. Both the information economy and the mega army only work if you have OIL. No oil, no energy. Simple as that.

    2. Re:Information Economy by RAMMS+EIN · · Score: 1

      ``Information economy only works if you have mega army to enforce it.''

      Which, of course, is actually the case.

      In Soviet Russia, information is controlled by YOU.

      --
      Please correct me if I got my facts wrong.
    3. Re:Information Economy by Anonymous Coward · · Score: 1, Interesting

      Wrong.

      Information economy NEVER works. It was complete bullshit. Manufacturing is everything.

      If you were alive during the Fall of 2008 and cannot see that, then please do not vote, do not procreate, and do not communicate with anyone else's children.

  6. jebus' advocate by The+End+Of+Days · · Score: 0, Troll

    The problem lies with profit, man. It's evil to want to be paid. In the new reality, right-thinking people give away everything.

    1. Re:jebus' advocate by Anonymous Coward · · Score: 3, Insightful

      Profit, or payment? They aren't the same thing, you know. Fair payment for honest work is not evil. Unfair profit from someone else's work is at least a little evil. And there is a middle ground between giving it all away and lazy, parasitic, rent-seeking behavior.

      Copyright, trademark, and patent rights are defined by the government here in America. They are not natural rights. Thus, it is up to us to decide how to use them to our advantage. That is why we created them: for OUR advantage, not for the artists and inventors. And certainly not for money grubbing parasites who have spent their lives doing nothing more creative than shuffling numbers in an accounting ledger.

    2. Re:jebus' advocate by The+End+Of+Days · · Score: 1

      There's only one tiny little problem. There is no fair way to decide what fair profit is. Our current attempt is the let the market do it, which seems to work pretty well in a lot of cases.

      What a lot of the entitlement crowd seems to clamor for I can't really determine. They want to benefit from the output while paying nothing. I'm not sure how that is ever going to workable.

      I'll probably get blasted for calling that mindset entitlement oriented, but I honestly can't imagine another description.

    3. Re:jebus' advocate by ircmaxell · · Score: 4, Insightful

      The question I have is how many of these things are down to earth inventions, and how many are just academic ideas that they just decided to patent? When I say academic idea, I mean something along the lines of "Hrm, an observer model would be good for notifying an application about a change in a sensor". Even if nobody had done it before, does that make it an invention that should be patentable? And what about the delineation between method and implementation? You can increase the power band of a car engine by using variable valve timing. Should that in and of itself be patentable? What about the specific method that uses oil under pressure to laterally move the camshaft along a threaded "valley" to alter the timing (Basically Honda's V-Tech)? One is an idea/concept, and the other is an implementation. IMHO, an idea is useless without a specific implementation, and ideas should not be patentable. The problem with this, is that most of the software patents I've seen patent the idea, not the implementation. Now sure, with software the line between idea and implementation is much finer, but that's more of an argument towards the patent-ability of software in general, not what constitutes an implementation...

      --
      If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
    4. Re:jebus' advocate by spun · · Score: 1

      If the market were to decide on a fair price for intellectual, non-rival works, without government granted and enforced monopoly, that price would be near zero.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    5. Re:jebus' advocate by chaboud · · Score: 1

      These guys have worked up wave-based pumps for circulating ocean water (to reduce surface temperature, and, thus, storm risk), and UV laser mosquito-killers to reduce malaria risk.

      They have very real target applications and very concrete inventions. Sure, they're a patent-filing think-tank of inventors, but they're hardly just rights-purchasing patent trolls.

      The original story is a troll.

    6. Re:jebus' advocate by Wildclaw · · Score: 1

      the entitlement crowd

      Is that referring to those who feel entitled to an artificial monopoly that distorts the free market and leads to huge inefficiencies?

    7. Re:jebus' advocate by spun · · Score: 1

      The free market would price non-rival works at near-zero. Not having any incentives to invent or create art is a pretty big inefficiency. How would your free market fix that?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    8. Re:jebus' advocate by The+End+Of+Days · · Score: 1

      Obviously since I was referring to the current situation, I was also implying the condition of the government granted monopoly.

      The price when the rules are ignored is zero for everything. If I ignore the government enforced protections against shoplifting, the retail price for goods in a store is also zero. Does that have any bearing on anything?

    9. Re:jebus' advocate by spun · · Score: 1

      No. Without society, you take your fucking LIFE into your hands when you shoplift. Get it? You might get SHOT. The price is not zero. Look at the underground economy. Physical goods in the underground economy still have value, and are traded for cash. Without government intervention of any kind, these goods are still traded for cash. Intangible goods have very little value in the underground economy. Understand the difference now?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    10. Re:jebus' advocate by The+End+Of+Days · · Score: 1

      I'm pretty sure I understand better than you do.

      You see, the government is preventing copyright holders from killing pirates. It still all comes to the same thing. All property is an illusion enforced by common agreement, whether you can hold it in your hand or pass the bits along the internet. Your tangible examples are no more meaningful than my illusory ones. It still comes down to common recognition.

    11. Re:jebus' advocate by Wildclaw · · Score: 1

      Not having any incentives to invent or create art is a pretty big inefficiency.

      Neither free markets or monopolistic driven "markets" are good solutions for dealing with the need to increase the knowledge base of society. I do believe that free markets are to prefer as inefficiencies don't scale up as badly as in monopolistic markets, but that doesn't say much.

      But in truth, with the increasing focus on knowledge driven societies, running economies based on free market theory is becoming increasingly difficult and less efficient. It is a very difficult and precarious situation that humanity as a whole is in right now. Especially as there is a misplaced faith in the free market due to its efficiency in the manufacturing growth phase of a society. And the current solutions looks to be worse than the problem itself.

    12. Re:jebus' advocate by spun · · Score: 1

      Well hey, we agree! As an aside, look at Cybersyn Project that Allende spearheaded back in socialist Chile. There are alternatives to the price signals of the free market. Coincidence that he was ousted right after creating Cybersyn? Maybe.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  7. Holy Summary Typo by damn_registrars · · Score: 2, Insightful

    "If you haven't heard of Intellectual Ventures, you will do.

    That was the first line of the summary. Really, can't slashdot get an editor? Or even someone with journalism experience who would know to read something over before putting it on the front page? This story could not possibly have been so time-sensitive that it needed to bypass some common sense editing.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:Holy Summary Typo by schmidt349 · · Score: 4, Informative

      I hate idiot grammar trolls who don't understand that International English sometimes works differently from the American dialect. It's confusing to many English speakers from outside the US to use a naked modal verb without an auxiliary, and thus they use expressions like "I can do" or "I might do" rather than "I can" or "I might." In these cases "do" marks the absence of a true auxiliary. It's by no means ungrammatical or even unusual syntax.

    2. Re:Holy Summary Typo by k8to · · Score: 1

      It's not a typo, it's a colloquialism.

      Get out in the world sometime.

      --
      -josh
    3. Re:Holy Summary Typo by jduhls · · Score: 0

      It's the past perfect present participle, fools! Related to:

      You are will have done did before again for the first time.

    4. Re:Holy Summary Typo by Anonymous Coward · · Score: 0

      No, but it's horribly awkward to read, and that's more important.

    5. Re:Holy Summary Typo by Aranykai · · Score: 2, Informative

      Regardless of regional colloquialisms, the entire summary is poorly written. Grammatically correct perhaps, but lacking in readability.

      --
      If sharing a song makes you a pirate, what do I have to share to be a ninja?
    6. Re:Holy Summary Typo by schmidt349 · · Score: 1

      This summary is a fine example of British English prose style; the only flaw I can find is that it uses appositional clauses a bit excessively.

      There isn't one universal English style that will communicate any idea to anyone else who speaks English. For that matter, there aren't one or even two languages called English, but a whole host of them. I had a student from Singapore last year who was surprised to find out that American usage requires the verb "reply" to have an indirect object. He, and all his fellow Singaporeans, are very comfortable saying "I replied his message."

      That you put down reasonably good English style as "regional colloquialism" shows that you aren't very well-read in any English other than the American dialect, which is a bit depressing.

    7. Re:Holy Summary Typo by Anonymous Coward · · Score: 0

      The differences are completely in the colloquialisms, mate. As a Canadian I feel it is my duty to point and laugh.

    8. Re:Holy Summary Typo by Aranykai · · Score: 1

      It appears to have been edited. Perhaps you missed the first version.

      --
      If sharing a song makes you a pirate, what do I have to share to be a ninja?
    9. Re:Holy Summary Typo by Anonymous Coward · · Score: 0

      Don't we all hate people who hate people? um...

      OP was criticising the editor's grammar (or lack of) not the poster's.

      If you hate America just come out and say it. Veiling your bigotry behind grammar-nazi-prejudice makes you look cowardly.

      Grammar and spelling is important. Without it we'd still be hurling our dung backhand.

      Not that anyone would want to, but what if in 30 years time they wanted to search out your slashdot postings? If ur 2 733t or 2 txty or tew dum then disappear you will.....

    10. Re:Holy Summary Typo by Anonymous Coward · · Score: 0

      Language is a living thing. It changes. You should not be spending so much effort defending the quirks that make one version or another harder to understand, be it the British flavor, the American, or the Singaporean. (Though it's possible your example from Singapore wasn't a different dialect, just a specific person who hadn't learned the language well. See Japanese English classes for a more extreme example...)

  8. Easy money ... by Anonymous Coward · · Score: 0

    Welcome to the best side of capitalism ....why work when you can steal idea from inventor ? ....

    1. Re:Easy money ... by Anonymous Coward · · Score: 0

      If the patent was purchased, an inventor was paid. This is actually a way that the patent system rewards individual that do not have the resources to turn their idea in to a product. Nor the resources to sue a big company that might steal their idea rather than buy it. Their idea has value which can be marketed and sold.

  9. They don't seem to be a typical troll by MikeRT · · Score: 3, Informative

    Their Wikipedia entry implies that they actually do a decent bit of R&D themselves. I wouldn't call a company that does R&D and licenses the heck out of its work "King of the Patent Trolls." Of course, that assumes that the Wikipedia entry is accurate and all that. I can handle a company making money off of pure R&D. What I cannot tolerate is a company that makes money off of patents that it bought from someone else when it has neither a R&D base nor a manufacturing base.

    1. Re:They don't seem to be a typical troll by Anonymous Coward · · Score: 0

      Aside from the patent licensing effort (money in), they fund some really interesting in house research (money out). See http://intellectualventureslab.com.

    2. Re:They don't seem to be a typical troll by Anonymous Coward · · Score: 0

      They do not invent in the real and legal since of the word. They generate ideas. The patent office requires that you "reduce to practice," your ideas. They hire a bunch of folks knowledgeable in a field, put them in a room, get them chatting about blue sky stuff and get patent lawyers to write up their BS into broad patents. This is not "reduction to practice!" I've had their recruiters knocking on my door many times. These are bottom feeders who are no different than the trades who managed to crash the financial system. All take and no give. We must find a way to break this business model.

    3. Re:They don't seem to be a typical troll by Areyoukiddingme · · Score: 3, Interesting

      Unfortunately the "reduction to practice" requirement was completely gutted in 1995 by an absurd bit of legal fiction called "constructive reduction to practice." Constructive reduction to practice: "[O]ccurs upon the filing of a patent application on the claimed invention." Brunswick Corp. v. U.S., 34 Fed. Cl. 532, 584 (1995). In other words, as soon as you write it down and file it, no matter how loopy/insane/impossible it may be in the real world, you have "constructively reduced" your patent to practice.

      Sometimes legal terms are obscure because of long history and obsolete words; sometimes legal terms are obscure because of outré definitions of common words; and sometimes legal terms are batshit crazy.

      This is one of the latter times...

    4. Re:They don't seem to be a typical troll by citizenr · · Score: 1

      They dont do D, and R is limited to looking for patents to buy.

      --
      Who logs in to gdm? Not I, said the duck.
    5. Re:They don't seem to be a typical troll by JustinOpinion · · Score: 2, Interesting

      What I cannot tolerate is a company that makes money off of patents that it bought from someone else when it has neither a R&D base nor a manufacturing base.

      I don't have a problem with patent-only companies. Or rather, I dislike patent-only companies and hate patent trolls, but that's only because of the issues I have with patents more generally. As long as patents exist and are legal, it makes perfect sense (and is completely legitimate) for companies to spring up that deal exclusively in patents. In the same way that since stocks exist, are legal, and are ascribed value, it makes perfect sense for companies to spring up that deal only in buying and selling stock, without "actually making" anything in particular. The law ascribes value to patents, so companies trading in that particular value are legitimate. In principle, secondary (non-research/non-manufacturing) companies purchasing patents is just a way that the patent system achieves its goal of incentivising invention: inventors are more likely to invent/patent when they know there is a market for their invention/patent.

      So the question really becomes whether the legally-protected constructs (stocks, copyrights, patents, etc.) are really legitimate things in the first place. I think a pretty good case can be made for stocks being a good thing (within a regulated framework). I think patents are, currently, way out of control... but that's not the fault of patent-holding companies per se. Too much value is being put in to really weak patents. The law needs to tighten-up the definitions and grant far fewer patents. So let's keep up the pressure for patent reform... but direct that pressure towards the patent office and lawmakers. It's wasted effort to be mad at companies for doing what they will always do: making as much money as possible based on existing laws and regulation. (The ability of companies to actually change the law is a huge problem, mind you... but a discussion for another day.)

    6. Re:They don't seem to be a typical troll by Qzukk · · Score: 3, Insightful

      To me, what separates "patent troll" from "people with cool ideas and patents on them" is that one of them markets their product to people interested in developing them, and the other waits until someone else develops their product and jumps out and says "surprise!" More accurately, trolls try to claim the treble damages reward for "knowingly" infringing on the patent, despite the fact that the first anyone heard of the patent is the C&D after the product is already done and on the market. To keep the suspense up, trolls typically stretch patents in ways that nobody could have anticipated, and usually rely on the brain dead patent "continuation" mechanism to keep a patent application alive while adjusting it to fit what would otherwise be called prior art (PanIP's legendary rampage through the e-commerce sphere at the turn of the century was based on a patent "filed" in 1994 that was a continuation of a patent filed in 1984, meaning that all prior art had to be dated before 1984, even though the patent claimed to have invented things that were in use by others in the decade between).

      I don't know how this company does their business, but http://www.intellectualventures.com/inv_main.aspx links to a blog at http://intellectualventureslab.com/ when you want to find out more about their patents. I'm sure if I put "shoot mosquitoes" or "mosquito laser" into google, I'll find that they've invented this, even if I have to "research" past the first page of hits (heck, they're even on the first page for "mosquito zapper").

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    7. Re:They don't seem to be a typical troll by Anonymous Coward · · Score: 0

      They also got a very favourable portrait done in Superfreakonomics: the authors think that Myhrvold and friends may end up providing a technical solution to climate change in the same way that the automobile became a solution to huge piles of horse manure in busy cities (I'm serious -- this is what the book says).

    8. Re:They don't seem to be a typical troll by RAMMS+EIN · · Score: 2, Interesting

      ``I wouldn't call a company that does R&D and licenses the heck out of its work "King of the Patent Trolls.''

      What is ARM's business model again? Are they intellectual property trolls? They certainly seem to be helping to bring a lot of good technology to the world.

      --
      Please correct me if I got my facts wrong.
    9. Re:They don't seem to be a typical troll by Goldsmith · · Score: 1

      Yeah, that's a nice story they have going there.

      On their website FAQ, go look for "How do you come up with your invention ideas?"

      The answer is:
      "IV's invention efforts center on "invention sessions" which are multidisciplinary brainstorming events focused on a particular set of issues and possible solutions. IV typically hosts several 1-2 day invention sessions per month."

      This process is described in more detail in the many breathless articles about IV. Their ideas come from reading papers written by people outside the company and figuring out if there's some poor academic out there who failed to patent his stuff. They only hire senior scientists. They don't hire lab technicians, junior staff... the kind of people necessary to do research.

      They claim to have a lab and be a scientific research company, even though their "inventions" don't come from the lab.

      They have 30 total scientists on lab staff, covering "computer software and hardware, user interface design, semiconductors, biomedical devices, advanced medical procedures, digital imaging, nanotechnology, nuclear energy and advanced particle physics." Having 30 people cover all that is a joke.

      They believe so much in actual research that "Almost all of the lab's equipment was purchased used or at auction; one core competency of its team is recycling secondhand equipment to extend service life."

      As a scientist, looking at the extremely broad fields, the number of scientists and the B-level equipment, I don't see how they're actually doing any meaningful original research. I don't believe there's any way their research staff could be generating original, experimental research commensurate with the (huge) number of patents they produce.

    10. Re:They don't seem to be a typical troll by Mindcontrolled · · Score: 1

      In extension to that - just developing patents and not producing anything is not trollish per se, as long as the think tank in question is actually interested in licensing the stuff out, approaches probable producers for it and doesn't solely focus on suing people. In that form, it is just outsourced R&D. Around here I see that a lot in the form of engineering companies which only do the developing work and finance that development from licenses. The model seems to become more common in the European automotive industry, for example.

      --
      Ubi solitudinem faciunt, pacem appellant.
    11. Re:They don't seem to be a typical troll by philthedrill · · Score: 1

      Yeah, you beat me to this. No one will probably read this, but... If Superfreakonomics is even remotely objective on this topic, then it seems like IV is an engineer's dream. You get to build cool things and find solutions to big problems (reducing hurricane strength, climate change, yadda yadda), and they make money through patent licensing. But that's feeling I came away with after reading the book, and I'm giving the authors the benefit of the doubt.

    12. Re:They don't seem to be a typical troll by ShakaUVM · · Score: 1

      They also featured prominently (and very positively) in Super Freakonomics.

      All the other issues aside, they make a very good point on geoengineering our climate. As Dr. Evil would say, "Why spend trillions, when you can spend... millions?" on fixing the environment.

  10. Nothing wrong with that. by geekoid · · Score: 1

    " with no intent of ever making stuff "

    That is not, nor has it ever been, the point of patents.

    You could argue they do deserve the patent because they never intend to license, and thus is against the intent of the constitutionality of patents. However event that would be weak since congress determines patent laws.

    What they do is well within the patent concept.

    However, if you are talking about software or business methods, then those are clearly outside the intent of patents.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Nothing wrong with that. by magsol · · Score: 2, Interesting

      This might be naive on my part, but I would argue that the spirit of patents is to protect the inventor's innovation, which in theory would take the form of some sort of product. The protection would allow the inventor to reap the benefits of his/her brilliance.

      Essentially, making the invention process more "fair". But I think what we have instead is a system that's far from the spirit in which it was created.

      I'm not necessarily saying that's the right way to do things (Nietzsche would have a field day). I'm just saying that's how I see the current system trying to work...and failing miserably.

      --
      "I'd just like to emphasise that taking a million years isn't a metaphor here..." -Rich Bradshaw
    2. Re:Nothing wrong with that. by ljw1004 · · Score: 1

      The spirit of patents is, as you say, to protect the inventors innovation.

      The nature of a free market is that, through brokers and middle-men buying and selling stuff, everything achieves its correct price, and this price is a fair reflection of the worth of something.

      All this company's doing is acting as that broker, i.e. one of the cogs in the free market machine, with the effect that the market gets the correct price for patents.

      Blaming this company is like blaming corn speculators acting as the cogs that fine-tune the markets valuation of corn prices -- or like blaming ebay bidders for fine-tuning ebay's valuation of the cost of items.

    3. Re:Nothing wrong with that. by Anonymous Coward · · Score: 0

      " with no intent of ever making stuff "

      That is not, nor has it ever been, the point of patents.

      You could argue they do deserve the patent because they never intend to license, and thus is against the intent of the constitutionality of patents. However event that would be weak since congress determines patent laws.

      What they do is well within the patent concept.

      However, if you are talking about software or business methods, then those are clearly outside the intent of patents.

      How about a my idea for curing dementia by using magnetized nano-particles to inhibit the formation of mal-adaptive neurons in the brain?

      PATENT.

      Note that I DON'T actually make nano-particles - nor do I provide anyway for poor but charitable types to make and distribute it for free either. Now, no one (but me) can make money off that for about 20 years, so why would anyone else spend money to do that when they can go after a better penis pill instead?

    4. Re:Nothing wrong with that. by Jer · · Score: 2, Informative

      Don't forget, though, that patent protection is a government intervention into the free market for a specific social purpose that society has deemed to be important (i.e. spurring innovation by rewarding innovators with a guarantee of return on investment). They are not natural outcomes of a free market system, they are in fact a specific counter to a problem that the free market creates (i.e. tragedy of the commons). As a government-granted construct they need to be watchdogged very carefully because they are ripe for exploitation by individuals and corporations who would subvert their intent (spurring innovation) to maximize their own profits (as the market model insists that they should).

      That's what this article alleges - that companies (and this company in particular) are subverting the implementation of the patent system in the US to maximize their own profits. This isn't a natural outcome of the free market, this is the exploitation of a particular social-engineering tool historically used by governments to manipulate markets in a way that is seen as beneficial to society as a whole.

    5. Re:Nothing wrong with that. by Mindcontrolled · · Score: 1

      One might argue that tangible property is a government intervention in the free market, as the government subsidizes property holders by providing a security force that saves them the cost of protecting that property by themselves day and night. A single person can't reasonably protect its property - you gotta sleep. You need some kind of societal agreement and mutual assistance to be sure that yours stays yours. So, the difference is not that great. No form of property can exist without some societal contract that establishes its existence. It might be easier to secure tangible property, but the difference is gradual.

      --
      Ubi solitudinem faciunt, pacem appellant.
  11. They are why "Magic Cap" is dead. by DdJ · · Score: 5, Informative

    I don't know if anyone else around here remembers the state of slate/pen computing in the mid-to-late 90s, but there used to be a company called "General Magic" that made a touch-based graphical operating system for handhelds named "Magic Cap".

    As the company kinda fell apart, there was an effort by some of the developers to open source it. But their intellectual property had been sold to Intellectual Ventures, because of some agent technology their stuff included. (Basically, imagine setting up a search on the handheld, and then briefly connecting to the internet to let your "search agent" run around inside a cloud, analyzing data and performing calculations. Then you reconnect and your agent comes back to you and presents the stuff on your handheld.)

    Intellectual Ventures never really wanted most of the Magic Cap stuff. But they've made it so difficult to disentangle that the developers eventually gave up. Here's a writeup from one of the people involved.

    http://joshcarter.com/magic_cap/faqs/the_future_of_magic_cap

    General Magic made a graphical OS designed for handheld touch-based use, not based on a port of a desktop OS. And the people who built it tried to open-soruce it, but were blocked by Intellectual Ventures. If things had worked out differently, we might have had some really interesting work going on in the slate area long before the advent of the iPad.

    (Heck. I'd love to run MagicCap on an iPad. It's the perfect hardware platform for it. I have three MagicCap devices myself.)

  12. Yet another reason by pnewhook · · Score: 3, Interesting

    Yet another reason to completely scrap the patent process as the original intent of patents has been completely corrupted by lawyers.

    --
    Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    1. Re:Yet another reason by Anonymous Coward · · Score: 0

      Well... you make fun of the idea of destroying the patent system because it's a crazy idea. The implicit notion is that there are good reasons we have the current system and/or we are too heavily invested in the current system to scrap it.

      Ostensibly, the reason for having a patent system is that it creates incentives for inventors (people go to the effort of building things they wouldn't have otherwise, because they know they can make money from the work), and that it encourages disclosure of information that would otherwise be a trade secret. The argument is, furthermore, that these increases in publicly-available knowledge and access to inventions are greater than the loss of freedom/productivity that go along with others being restricted from implementing those ideas (or having to pay license fees, etc.). Clearly this is an issue of balance: if the patenting system is too severe (grating patents that are to broad or last too long) then the positives are never realized since the public doesn't get access to information and power/knowledge/inventions are monopolized. If the patent system is too weak or doesn't exist, then there is no incentive at all. However it's entirely possible that our current system is so severe that it is actually worse than no incentive at all. It's also possible that any patent system is actually worse overall (in terms of, e.g., # of inventions, public information, economic productivity, ...) than no patent system at all. This is of course something difficult to measure or predict. Considering how much money is tied up in the patent system, though, one would think that considerable effort would be going in to determining exactly where the optimal point is. Instead, we mostly have faulty logic saying that "increasing protections" will "increase value/wealth"... which is ridiculous because it doesn't consider what other sectors of the economy are being hampered to generate that value/wealth.

      But the really bothersome thing is the second point: that the real reason why we won't see patent reform is not because of some well-structured and well-supported argument... but because of inertia. People have a tendency to accept, and even support, the status quo. Worse, because we now have phenomenal amounts of money tied up into the patent system, there will be a massive pressure (backed by massive amounts of clout and money) to keep the system in place.

      So, yes, it is crazy to abolish the patent system. It will never happen. But not because it is necessarily a bad idea (it may very well be better, overall, to do so)... but rather because it exists. And abolishing massive institutions is difficult.

    2. Re:Yet another reason by Anonymous Coward · · Score: 0

      Fair enough. Sorry for misconstruing your attack. The original post did indeed lack any kind of depth.

    3. Re:Yet another reason by pnewhook · · Score: 1

      Can you actually name a modern instance where the patent system is doing anyone any good? Do you know why the US fell behind in flight after the Wright brothers flew successfully? Its because they patented the invention then spent the next 17 years suing others to protect it. Meanwhile, the Europeans (French, English, German, and others) just built better aircraft and ignored the Wright patent. This resulted in the Europeans being vastly ahead in technology to the Americans. Also when WWI started the US entered with almost no manufacturing capability fdor aircraft as the Wrights had successfully blocked all other American aircraft competitors.

      Nowadays, we have numerous instances of corporations patenting both ideas and algorithms - things that were never intended in the original patent system. The vast majority of patents are about clearly obvious things - again something that was never intended. Just because some patent clerk never heard of it doesn't mean it in non-obvious. Corporations just churn out patent after patent, nothing is ever built or intended to be built - it is just a means to legally sue someone to generate future income. No innovation is ever generated.

      There wasn't much depth in my original post because there didn't need to be. SCRAP IT. The patent system does nothing other than stifle innovation, and cause companies to spend millions on lawyers either defending ridiculous patents or defending infringements on them. That money should be going towards innovation, not legal battles.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    4. Re:Yet another reason by pnewhook · · Score: 1

      Sure the Wrights took the Europeans to court, but they could not do anything about it until they tried to set foot on US soil. Of course the US courts sided with the Wrights, but the Wrights never won anything substantial in the European court system.

      I did not decide the Wrights were the bad guy. I'm using this as an example why the patent system stifles competition, not encourages it like it was intended.

      You cannot argue with the end result - the Americans lagged far behind the Europeans because competition and development in the US was blocked by the Wright patent.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    5. Re:Yet another reason by pnewhook · · Score: 1

      Actually no, I don't think they deserve a patent. Their design was based on that of a German engineer, Otto Lilienthal who published a book on aerodynamics and wing design in 1891. All the wrights did was make an engine light enough to be placed on this structure.

      In fact their math explaining why their design was correct was completely wrong. A professor who was competing with them actually had the correct equations, but his design failed during a test and he ended up in the Potomac.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    6. Re:Yet another reason by anarche · · Score: 1

      algorithms aren't patentable http://en.wikipedia.org/wiki/Patentable_subject_matter#The_algorithm_exception_and_the_patent-eligibility_trilogy since they are considered to be abstract maths that predate their own discovery

      --
      Wait! Whats a sig?
    7. Re:Yet another reason by pnewhook · · Score: 1

      I completely agree that they are not patentable. However they ARE being patented.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    8. Re:Yet another reason by pnewhook · · Score: 1

      Sure they had European patents. The European manufacturers simply ignored them however (they did not license them). Thats why they came out ahead.

      Pharmaceuticals. The existence of generic drug manufacturers does not mean the removal of R&D by the big guys. It just means cheaper drugs for everyone else.

      I repeat my statement. Try and point out a single example of how a patent actually increased innovation. Because I can keep coming up with hundreds of examples where it does not.

      Scrap the system. It benefits no one except the lawyers.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    9. Re:Yet another reason by pnewhook · · Score: 1

      No is means cheaper drugs. What part of that dont you get?

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
  13. The case against intellectual property by rolfwind · · Score: 3, Interesting

    http://levine.sscnet.ucla.edu/general/intellectual/againstfinal.htm

    And, and a tip of my hat to Microsoft "innovation".

    1. Re:The case against intellectual property by Anonymous Coward · · Score: 0

      I disagree with some of the authors' interpretation of events - especially in the beginning of of PC software revolution.

      Anyway, the FLOSS community is creating an interesting "study" of what happens when IP isn't used - at least traditional - the GPL is a Copyright after all.

      Here's what to look for in the FLOSS community: innovation. There isn't any.

      When I start seeing innovation in the FLOSS community - any innovation - I'll see that as some evidence that IP isn't necessary.

    2. Re:The case against intellectual property by Anonymous Coward · · Score: 0

      Unfortunately a lot of that book is questionable. The authors start out making the claim about a Nobel prize for Economics. There isn't one, however much some try to pretend. There aren't any Nobel prizes for professional wrestling or astrology either, not to knock on pro wrestling by comparing it to economics.

  14. http://en.swpat.org/wiki/Intellectual_Ventures by ciaran_o_riordan · · Score: 2, Informative

    Please help document there here:

    http://en.swpat.org/wiki/Intellectual_Ventures

    en.swpat.org is a way to build a wealth of info for when we need it.

    1. Re:http://en.swpat.org/wiki/Intellectual_Ventures by amicusNYCL · · Score: 2, Interesting

      What does that site offer that Wikipedia lacks? On a wiki about software patents I would expect to find a list of the patents companies hold, for example. That appears to be encyclopedic information, which is exactly what Wikipedia is. I've seen a couple links to it posted here, by you or someone else, so I'm just curious what it brings to the discussion that isn't already there.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
  15. Re:Time for some insightful, informative rants by Anonymous Coward · · Score: 0

    If I had any mod points, I'd certainly mod you in some direction, that's true.

  16. Counter Sue by Anonymous Coward · · Score: 0
    Suppose you have a patent in a field that IV has patents and IV licensed it's IP to others. Is there a novel way to go after those other companies who have licensed from IV? By forming an alliance have they all become responsible for the actions of another? Is there a way to make it a bad idea to work with IV?

    Posting as an AC for a reason.

  17. All in one place, so one grenade gets them all by DCFusor · · Score: 2

    What more need I say?

    --
    Why guess when you can know? Measure!
  18. Re:Time for some insightful, informative rants by magsol · · Score: 2, Insightful

    It's a legitimate issue in the technology sector. All we keep hearing from political pundits and professors in the classroom is that innovation will drive the economy, lead you out of your bankrupt and unemployed community, solve world hunger and cure cancer.

    And yet the patent system is structured in such a way that encourages this sort of corporate behavior, culminating in companies like Intellectual Ventures who, given that they don't produce anything per se, exist almost exclusively to stifle innovation. And they're making a truckload of profit in doing so.

    Yes, there are certainly other issues that still need working out - can software really be patented, is something intangible really able to belong to someone, should monopolies be regulated, WHEN IS THE US PATENT OFFICE GETTING THEIR ACT TOGETHER (sorry, fingers slipped there), and countless others. But this would appear to be the poster child for everything that's wrong with the current patent system.

    --
    "I'd just like to emphasise that taking a million years isn't a metaphor here..." -Rich Bradshaw
  19. You will said? by circletimessquare · · Score: 0, Offtopic

    I will hear have not of these trolling patents are, and I resent have maybe the implication that I will do!

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  20. Economist Article is better by beakerMeep · · Score: 3, Informative

    Instead of clicking through to the patent blog, here's the economist article that started the debate.

    --
    meep
  21. I don't get it by Anonymous Coward · · Score: 0

    Can someone explain this stuff to me? Can you really patent ideas for things? Like, can I patent "A method of energy production whereby isotopes of hydrogen and helium are fused to release heat" without ever working out the details? If so, where's the monetary incentive to make ideas work?

    1. Re:I don't get it by MountainLogic · · Score: 1
      Can someone explain this stuff to me? Can you really patent ideas for things? Like, can I patent "A method of energy production whereby isotopes of hydrogen and helium are fused to release heat" without ever working out the details? If so, where's the monetary incentive to make ideas work?

      No you can not, at least that is what the law says. It says you must "reduce to practice," your idea. The patent office has been doing a poor job of late making sure application fulfill that requirement. Patents can be broken in court even if they are issued by the patent office if it can be shown that they were issued in error, such as not properly reducing to practice. The problem with taking it to court is that it is very expensive.

    2. Re:I don't get it by Maximum+Prophet · · Score: 1

      The problem with taking it to court is that it is very expensive.

      Enter the patent troll. If they can make threatening you, and having you pay them cheaper than you defending yourself in court, they win. Since they do this in bulk, they've beat the system.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
  22. Adding value and other oxymorons by Angst+Badger · · Score: 3, Interesting

    Whenever a capitalist talks about "adding value" or "creating wealth", they're really talking about creating scarcity. "Intellectual property" is the purest form of artificial scarcity, restricting the use of ideas, which otherwise can travel freely from mind to mind with negligible actual cost. A more mundane example is the way building houses drives up the cost of property by reducing the pool of available (or at least desirable) undeveloped property. (The housing bubble pushed this past the point of viability by building more houses than there were buyers for, but between inevitable population growth and the physical decline of abandoned houses, the situation will eventually return to normal.)

    We end up with deceptive terms like "creating wealth" because few people would be enthusiastic about creating scarcity except, of course, for the people who already own the commodity being made scarce. Everyone else just ends up paying more for less. Intellectual property is particularly egregious in this sense because the scarcity is completely artificial, as opposed to real estate, where there really is a limited supply of raw material. Ideas, even good ones, are cheap and plentiful and very seldom actually unique; "ownership" is rather arbitrarily awarded to the company that has the resources to afford the patent process and gets it through the door first, with a strong incentive to do so as vaguely and broadly as possible so as to throttle as much actual creativity as possible.

    --
    Proud member of the Weirdo-American community.
    1. Re:Adding value and other oxymorons by Flambergius · · Score: 0, Redundant

      Whenever a capitalist talks about "adding value" or "creating wealth", they're really talking about creating scarcity.

      I call bullshit.

      --
      Computers are useless. They can only give you answers - Pablo Picasso
    2. Re:Adding value and other oxymorons by Anonymous Coward · · Score: 1, Insightful

      Indeed, there are ways to "add value" that don't involve scarcity. For example, pasteurizing milk adds value, and not through "making raw milk scarce".

      However, the grandparent still has a good point in that there are industries and business-plans that revolve around creating scarcity or cornering a resource.

    3. Re:Adding value and other oxymorons by cbope · · Score: 1

      I call bullshit on your bullshit. GP is correct.

    4. Re:Adding value and other oxymorons by Anonymous Coward · · Score: 0

      Elaborate, or be ignored.

    5. Re:Adding value and other oxymorons by Maximum+Prophet · · Score: 2, Informative

      Whenever a capitalist talks about "adding value" or "creating wealth", they're really talking about creating scarcity.

      Yes, that's true for companies that build "brands", rather than making a better product.

      But, for Adam Smithites, anything you do to a product to make it more salable is "adding value."

      For instance, you could grow trees, but most people don't have a use for a full grown tree. If you cut it into firewood, you've added value to the tree, and more people will pay you more money for the firewood, than for a full sized tree. If you instead turn the trees into fine furniture, you can get paid even more.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    6. Re:Adding value and other oxymorons by Anonymous Coward · · Score: 0

      Economics 101, simpleton.

    7. Re:Adding value and other oxymorons by Necron69 · · Score: 3, Insightful

      Ok, so per your argument, Apple hasn't "created wealth" with the iPhone, they've really just created an "iPhone scarcity"? Someone had better tell Steve Jobs and Apple shareholders this...

      While I'm not a fan of patent trolls, economics is not a zero sum game and wealth is most definitely something that can be created (or destroyed). Here's some reading for you to start fixing your woeful lack of education on this subject: http://www.amazon.com/Basic-Economics-3rd-Ed-Economy/dp/0465002609

      Necron69

    8. Re:Adding value and other oxymorons by phantomfive · · Score: 1

      Whenever a capitalist talks about "adding value" or "creating wealth", they're really talking about creating scarcity.

      This is about the dumbest comment I've seen in a while. If you had said "sometimes when a capitalist talks about......" you might have had a defendable point, but all anyone has to do is find one counter-example to prove you wrong.

      And frankly I don't see how anyone could possibly think that everyone who talks about 'creating wealth' is really talking about creating scarcity, especially when they are typing on a computer in a house with a toilet, air conditioning and a microwave. This is wealth, and it is not a stretch to say you live more comfortably than some kings of 300 years ago. And it is wealth that wasn't created, built, or installed by people who were trying to create scarcity, it was built by people who were trying to create wealth. And did.

      --
      Qxe4
    9. Re:Adding value and other oxymorons by rts008 · · Score: 1

      I'll match your bullshit, and raise you a balderdash and a poppycock too.

      He is correct, according to my observations.

      Both phrases are marketdroid newspeak crafted to increase profits. Nothing more...they are meaningless outside of that context.

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    10. Re:Adding value and other oxymorons by spitzak · · Score: 1

      Ok, so per your argument, Apple hasn't "created wealth" with the iPhone, they've really just created an "iPhone scarcity"?

      If there were no patents or copyright, there would be a LOT more iPhones and they would be a lot cheaper, they would be manufactured by a hundered different companies and sold for just a bit more than the cost of parts and labor. So yes they have indeed used patents and copyright to create a IPhone scarcity. The GP is exactly right and you just don't understand what he is saying.

    11. Re:Adding value and other oxymorons by dkf · · Score: 1

      Whenever a capitalist talks about "adding value" or "creating wealth", they're really talking about creating scarcity.

      No. That's what a monopolist means. There are other sorts of capitalist too.

      If I buy wood, make tables from it, and sell those tables on, I'm adding value. I'm hardly creating scarcity in any meaningful way that you care about. (You don't want me to have a monopoly on table-making; I'm terrible at woodworking.)

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    12. Re:Adding value and other oxymorons by Anonymous Coward · · Score: 0

      "and wealth is most definitely something that can be created (or destroyed)."

      Which is a complete lie, all people do is re-arrange matter and energy. All wealth exists, the iron in the earth before it is smelted is a _store_ of all the wealth that will be _Released_ when it is re-arranged into a product.

      To put it another way _without the sun_ there would be no "wealth". I really hate you blind idealogical free market types you are so ignorant of science and nature it's disturbing.

    13. Re:Adding value and other oxymorons by Anonymous Coward · · Score: 0

      Apple hasn't "created wealth" with the iPhone, they've really just created an "iPhone scarcity"?

      Artificial scarcity. Apple controls access to the iPhone in the same way that diamond mining firms control access to diamonds: strictly, for the sole purpose of inflating prices. If other companies were allowed to manufacture iPhones, they wouldn't be locked into AT&T, and they wouldn't be $200. The mechanisms keeping the price high and the product locked down & in are referred to generally as "intellectual property rights."

      Wealth can be created, but only through labor. Extra work put into a product always adds value (however you want to define value). The people who actually developed features for, and who physically construct, the iPhone are the ones who create the iPhone's value. Apple Computer, Inc.? Not so much.

    14. Re:Adding value and other oxymorons by konohitowa · · Score: 1

      there would be a LOT more iPhones and they would be a lot cheaper,

      And yet there are a lot of iPhone clones that are cheaper and not locked in. I read on Slashdot everyday about the multitude of phones that are far superior to the iPhone as well as much touting of every Android phone that crops up. So, if we could just slap an iPhone label on all of these it would somehow be okay then? Scarcity magically gone?

      Perhaps the GP didn't have the best example, but the point I think that you are missing is that the GGP knows exactly *zero* about economics aside from a few buzzwords, and his incredible ignorance on the subject while attempting to look knowledgeable irritated a lot of people (including the GP). That's my take on it anyway.

    15. Re:Adding value and other oxymorons by Anonymous Coward · · Score: 0

      Read his argument again. Creating the iPhone itself has nothing to do with the parent post, as parent is talking about intellectual property.

      Apple isn't trying to create an "iPhone scarcity" by using its IP portfolio against HTC. It is trying to create scarcity in the market such that the only source of such phones is the iPhone, as compared to a market containing many similar phones that are sold not just by Apple itself.

    16. Re:Adding value and other oxymorons by khchung · · Score: 1

      Ok, so per your argument, Apple hasn't "created wealth" with the iPhone, they've really just created an "iPhone scarcity"? Someone had better tell Steve Jobs and Apple shareholders this...

      Yes, much as I like the iPhone, that is exactly what Apple did. By using trademarks, patents and copyright laws, Apple DID created an artificial scarcity of iPhones (ie, no other company can build and sell iPhones to you!), and they have profitted greatly from that.

      --
      Oliver.
    17. Re:Adding value and other oxymorons by Anonymous Coward · · Score: 0

      Ok, so per your argument, Apple hasn't "created wealth" with the iPhone, they've really just created an "iPhone scarcity"?

      Well, they do. And not only with the phone itself (exclusive deals with carriers, patent attacks to other phone builders), but with the applications tjey run too (that's what the "store" is all about).

  23. summary flat-out wrong: IV *does* make things by smellsofbikes · · Score: 3, Interesting
    I'm not defending IP hoarders, and I think the general idea that Intellectual Ventures is pursuing is abhorrent, but they do indeed make things. Two weeks ago, Slashdot had a front-page article about a mosquito-killing laser system intended to be placed remotely and autonomously wipe out mosquitos, in an attempt to reduce malaria. Intellectual Ventures designed and built the functional system, which they've displayed in several places.

    If anyone would like to read a somewhat middle-of-the-road (neither "IV IS GREAT!" nor "IP is the DEVIL!") discussion of Intellectual Ventures, The New Yorker did a somewhat in-depth article on them last year that I thought was interesting. I (being of the IP is the DEVIL! mindset) don't think he addressed the problems to society at large with having companies that primarily chew up intellectual advancement space by pre-emptive patenting. But, on the other hand, patents are time-limited, and if they patent lots and lots of stuff that just isn't feasible given current tech, in 20 years when it IS feasible, there will be prior art and the areas won't be patentable, so that could be a plus.

    --
    Nostalgia's not what it used to be.
    1. Re:summary flat-out wrong: IV *does* make things by Volante3192 · · Score: 1

      Yeah, gotta say, for a company that doesn't invent stuff... how'd they make a laser skeeter killer? I thought a patent troll (like, say, NTP) doesn't go through the trouble of manual labor outside of signing the checks to lawyers.

    2. Re:summary flat-out wrong: IV *does* make things by Anonymous Coward · · Score: 0

      I'm not defending IP hoarders, and I think the general idea that Intellectual Ventures is pursuing is abhorrent.

      Because they do NOT indeed make things.

      The mosquito article you mention... speciifcally mentions they have NO intention iof actually making them. They just want you to pay them if you happen to want to end malaria in beach resorts, Africa, etc.

    3. Re:summary flat-out wrong: IV *does* make things by Chris+Burke · · Score: 1

      If anyone would like to read a somewhat middle-of-the-road (neither "IV IS GREAT!" nor "IP is the DEVIL!")

      As a Satanist, I would like to say that I find your usage of those two ideas as extreme opposites offensive.

      However, as a Satanist, I find causing offense to be commendable. So, carry on!

      --

      The enemies of Democracy are
    4. Re:summary flat-out wrong: IV *does* make things by Anonymous Coward · · Score: 0

      they might have just outsourced it, maybe someone with them had the idea of something like that, and they gave it to an external engineering company.
      Look at there PB address via streetview.

    5. Re:summary flat-out wrong: IV *does* make things by Anonymous Coward · · Score: 0

      such an 'idea'/invention usually is born out of a well-known and obvious need for it

    6. Re:summary flat-out wrong: IV *does* make things by smellsofbikes · · Score: 1
      >The mosquito article you mention... speciifcally mentions they have NO intention iof actually making them. They just want you to pay them if you happen to want to end malaria in beach resorts, Africa, etc.

      What you read says IV has no intention of going into full-scale production of the devices. They have, in fact, actually made them. Here's a video of an actual mosquito being actually zapped by an actual laser actually designed and actually built by Intellectual Ventures. It appears that they're willing to do the physical engineering to build proof-of-concept devices, then license the design to manufacturers. That is, in a nutshell, the same thing that Hewlett Packard is now doing with much of their equipment. In fact, fabless chip manufacturers, like ARM, don't actually make things, they just design them, if you want to get truly critical, so IV is less of a patent troll than the people responsible for the processors that power many cellphones. Unless you accept that some companies are good at design, and other companies are good at production, in which case building a functional proof-of-concept is clearly a case of a company actually making something.

      I still think their business plan is akin to licking all the popsicles at the popsicle stand so nobody else will eat them, but at least they're building working models of some of their patents.

      --
      Nostalgia's not what it used to be.
    7. Re:summary flat-out wrong: IV *does* make things by Anonymous Coward · · Score: 0

      They have no intention of making them.
      They have no intention of making them.
      They have no intention of making them.

      They made one, but have no intention of making another so you or I can buy it.
      If you want to make one with their tech? Pay them.
      If you never heard of their's and make your own? They STILL want you to pay them.

      Those things combined is what makes IV a patent troll.

  24. The UBER-KING Of Patent Trolls by Anonymous Coward · · Score: 0

    "with no intent of ever making stuff or solving real-life problems" which is exactly what MicroSLOP does.

    Yours In Akademgorodok,
    Kilgore Trout.

  25. What if... by MobyDisk · · Score: 3, Interesting

    What if you could only own a patent if you manufactured something that used it? That would mean old unused patents would become public domain once they weren't needed (as determined by the market - if nobody was buying things that used it, and nobody made anything that used it, then the inventor could not hold the patent) Similarly, it means no one could buy a patent unless they were actively using it. It would remain with the original owner, or revert to the public domain if they went out of business.

    I guess you might need protections then, to keep companies from just destroying another company to force the patents into the public domain. That could get sticky.

    Could we do this with copyrights too? Ex: If you stop selling a book or piece of music, or stop selling a piece of software, it becomes public domain. That would help a lot with old video games. Hmm... what about art, where the artist doesn't want to make copies. Hmm....

    Thoughts anyone?

    1. Re:What if... by MobyDisk · · Score: 1

      hmm.

      Question #1:
      If you pay someone to "turn the crank" for you, then that is work for hire and which means that you own what they create.

      Question #2:
      I wasn't thinking of changing that part. If you can't sue someone for patent infringement, then the patent isn't doing anything. Can you expand on what you mean by freedom-to-operate?

    2. Re:What if... by MobyDisk · · Score: 1

      Ok, now what if I'm a corporation, and the person turning the crank works for a subsidiary?

      I don't know how subsidiary corporations work. What makes sense in this case? In your subcontracting/manufacturing scenario, then the original work for hire logic should apply. The company paying them to create the product owns the product. Hiring them to create something for you then suing them for making it would not make sense anyway.

    3. Re:What if... by MobyDisk · · Score: 1

      When did I say that someone could not sue?

      I also didn't know we were talking about a royalty. I said "work for hire" and you said "subsidiary" so there's no royalty involved. The scenario was where the patent holder created a subsidiary manufacturing company to make the products for the patent holder to sell. There was no royalty involved.

      It sounds like you are talking about about a separate company who was paying a royalty to the patent holder. Either way, I'm unclear where anyone said that the patent holder could not sue in this case.

      Could you clarify?

    4. Re:What if... by MobyDisk · · Score: 1

      I still don't get it.

    5. Re:What if... by Anonymous Coward · · Score: 0

      The entity which you hired to work on your invention takes it for themselves. As your patent on it is now invalid because you are not involved with it being manufactured at all, you cannot do anything about this.

  26. Look, we dont like patent trolls but.... by goffster · · Score: 1

    They *paid* money to someone for their invention. Someone, supposedly,
    figured out something interesting, and, for whatever reason, decided
    to take his money and run rather than let the invention stagnate.

    Now, I don't like it when the patents are not for anything interesting
    or novel, but simply being a patent troll is not a bad thing. Being a patent
    troll of "obvious stupid" patents does seem like a bad thing
    and is more of a fault of the people who *granted* the patent
    to begin with.

    1. Re:Look, we dont like patent trolls but.... by Maximum+Prophet · · Score: 2, Insightful

      They *paid* money to someone for their invention. Someone, supposedly, figured out something interesting, and, for whatever reason, decided to take his money and run rather than let the invention stagnate.

      Did they pay more than the cost of getting the patent in the first place? Can someone make a living selling patents to companies like IV?

      Why this matters: If you can make a living creating stuff, then selling the patents to people who actually build stuff, then the patent system mostly works. If they are only finding almost dead patent holders, crushed by the system, offering them pennies on the dollar, then the system could use some tweaking.

      An amazing number of inventors died penniless and insane. Even Thomas Jefferson died deeply in debt. What does that say about our society that the people who make the most profound impact on our lives are often the least rewarded.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
  27. so... Sell them ip by Colin+Smith · · Score: 1

    they're buying ideas & patents. Shouldn't we sell them ideas and patents - lots and lots of them?

    That's what the market says.

    --
    Deleted
    1. Re:so... Sell them ip by Elektroschock · · Score: 1

      The truth is that most patent do not generate much licensing revenue. They are toxic assests where you can never be sure about their price tag.

      Microsoft bought into the misconception that it needs patents to defend their business, despite the crap the patent system is.

    2. Re:so... Sell them ip by FireFury03 · · Score: 1

      Microsoft bought into the misconception that it needs patents to defend their business, despite the crap the patent system is.

      I don't think its a misconception at all. The patent system is so broken that everyone is infringing everyone else's patents. If you don't have patents then you have nothing to defend yourself with when someone points out that you're infringing theirs (and lets be blunt here - in the US, pretty much any nontrivial software will be violating some patents).

      So no, I don't think Microsoft should get any blame for filing patents - everyone does it (even the Free software companies) because it's the best defence against patent suits. That's just the sad situation at the moment. The thing Microsoft can be blamed for is making the situation worse by joining the ranks of those using patents as an offensive weapon (either by suing, or just loudly shouting about how they might sue).

      Unfortunately, the patent system tends to work quite well for big companies (with a few exceptions) - they all have enough patents that for the most part they don't end up in serious patent battles, they just cross licence with each other. Small businesses are the ones who lose out - they don't have (nor can they afford to file for) lots of patents, so when one of the big businesses sues them, they are screwed.

      The patent system was originally intended to promote innovation. These days it does the exact opposite by making it an extremely risky proposition for a small company to try and muscle in on a market segment that is dominated by big corporations, and makes it quite trivial for those big corporations to muscle established small businesses out of a segment they are interested in moving into.

  28. Comment removed by account_deleted · · Score: 2, Interesting

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  29. That's voiding the patent! by Hurricane78 · · Score: 2, Interesting

    I don’t know how it is in the US, but in Germany, if you don’t actually use a patent, then after a specific time, your patent automatically becomes void.
    This is to stop people who aren’t serious about doing something with it. Because then, the original point of the patent goes away.

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
    1. Re:That's voiding the patent! by Mindcontrolled · · Score: 3, Informative

      Sorry, you are mistaken here - you think of trademarks, which have to be used. There is no such clause for patents. (Disclaimer: Currently working at a patent law firm in Germany. IANAL, and especially not yours, this is no legal advice;)

      --
      Ubi solitudinem faciunt, pacem appellant.
  30. And is almost last place in exports... by copponex · · Score: 0, Flamebait

    http://www.nationmaster.com/graph/eco_exp_pergdp-economy-exports-per-gdp

    Scroll down - we're between Burundi and Cape Verde, at number 179.

    Does the richest country in the world have the most manufacturing? Yep. Are they in the top ten in manufacturing per capita? Nope. Are they even in the top fifty for manufacturing per GDP? Nope.

    These numbers are by "value added" manufacturing. So, we've got a lot of bullshit that we put together that's manufactured almost entirely in east asia. Gluing it together, shoving it in a box, and then raising the price is not what I would call manufacturing.

    1. Re:And is almost last place in exports... by spun · · Score: 1

      Those are export numbers. The original post was claiming we are number one in total, not exported, manufacturing.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    2. Re:And is almost last place in exports... by copponex · · Score: 1

      The original poster has correctly stated a fact, which I acknowledged, but he failed to provide context for it. The richest country in the world having the highest value of manufacturing is what would be expected. Now, do they outperform other economies in terms of manufacturing per capita, per gdp, or exports as a percentage of GDP? These numbers would indicate a strong manufacturing sector.

      The GPP stated

      We don't actually make much anymore, we just invent it and have someone else make it. If we don't control the profits from the inventing, we're fucked.

      And, judging from the export numbers, he's right, so I said

      We're between Burundi and Cape Verde, at number 179 [in exports per gdp]... These numbers are by "value added" manufacturing. So, we've got a lot of bullshit that we put together that's manufactured almost entirely in east asia. Gluing it together, shoving it in a box, and then raising the price is not what I would call manufacturing.

      Per the norm, these reasonable conclusions are modded down because no one takes the time to understand what they say.

    3. Re:And is almost last place in exports... by Mindcontrolled · · Score: 1

      Purely focusing on exports per GDP is a problem too, though. I live in Germany, which ranks very high on that scale. However, the trade volume within the country itself is suffering from focusing on export. We have pushed export numbers by any means, those means including reduction of real, inflation-adjusted wages inland, loss of spending power of the average citizen, erosion of our middle class. You gotta strike a balance between exports and domestic economic activity. I completely agree that you are at the opposite problematic end of the scale at the moment.

      --
      Ubi solitudinem faciunt, pacem appellant.
    4. Re:And is almost last place in exports... by afidel · · Score: 1

      reduction of real, inflation-adjusted wages inland, loss of spending power of the average citizen, erosion of our middle class.

      We've had that in the US too without the increase in exports...

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  31. HBR write-up on Intellectual Ventures by Anonymous Coward · · Score: 0

    http://hbr.org/2010/03/the-big-idea-funding-eureka/ar/1

    Apart from the obvious anti-patent bias of your post (IV != SCO), I think you are conflating invention with manufacture.

  32. Comment removed by account_deleted · · Score: 0, Troll

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  33. Comment removed by account_deleted · · Score: 1

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  34. Re:Time for some insightful, informative rants by sysut1 · · Score: 2, Interesting

    If you let everyone copy, nobody does any R&D

    Ah, but this is not even remotely certain. Actually, several economic papers give documented facts about how patents actually discourage innovation. (I remember that one of them was linked to in a recent discussion, but I don't have the time to search now)

  35. Comment removed by account_deleted · · Score: 0, Offtopic

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  36. Change to Patent Law by Anonymous Coward · · Score: 0

    I'd like to see patents have two protection periods. A short period if you don't productize the patent and a longer life if you do. This would force companies to either license, productize or lose patents and may actually mean better products get to market faster.

  37. IV is one of our clients by Anonymous Coward · · Score: 0

    I've written multiple patent applications for IV and can testify that subject matter of most applications have extensive merit. I've written 2 apps from inventors' doctorate thesis. There were a bitch to write. I can't go into details obviously but, if you're interested, do a search on IV patents in uspto, and read up their content. And, don't believe everything you read in slashdot.

    1. Re: IV is one of our clients by time961 · · Score: 1

      No doubt those applications had merit... but what is the benefit to society? How did writing the applications provide incentive for the inventive process? What useful products will result from the protection granted by those patents, if issued, and who will invest the resources to turn those ideas into products? And if the patents end up (as so many do) being used to block others from pursuing products that are in any way potentially infringing, exactly how does that "promote the progress of science and useful arts" (to quote the Constitution).

      Interestingly, even you imply that some of IV's applications have little merit, and you're paid by them. What might a disinterested party say?

  38. Comment removed by account_deleted · · Score: 1

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  39. "Against intellectual property" is copyrighted. by Animats · · Score: 2, Interesting

    The book mentioned is copyrighted:

    © Michele Bouldrin and Daniel K. Levine 2008.
    This publication is in copyright. Subject to statutory exemption and the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

    1. Re:"Against intellectual property" is copyrighted. by rolfwind · · Score: 1

      The GPL and variations operates on the power of copyright as well.

      You can read the entire book at the link though.

      It's an interesting perspective, although I suspect the best approach is something moderate, but far away from the legislation that corporations bribed Congress into the last 100 years.

  40. The only way he knows to make money is evil? by Anonymous Coward · · Score: 4, Insightful

    Nathan Myhrvold is a friend of Bill Gates. They wrote a book together, The Road Ahead.

    It seems to me that abusiveness is their business. They feel they have to be against something to make money. They scrupulously avoid doing something positive.

    The book was an example of that. It was amazing. It seemed as though several editors went through the book carefully and removed any information that might be of interest. I say that because I don't think anyone could write a rough draft of such a long book that was entirely free of anything useful.

    1. Re:The only way he knows to make money is evil? by spun · · Score: 2, Insightful

      In the hierarchical world-view, it is not about how much you have. It is about how much more you have relative to everyone else. In a hierarchical world view, there is no such thing as 'win-win' because that keeps the relative positions unchanged, and that is a loss. All their are, are winners and losers. The game is played in order to force the losers into admitting they are losers, and acknowledging the winners. It is not played to accumulate wealth, that is just a means to an end.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  41. TerraPower by confused+one · · Score: 1

    Intellectual Ventures is the parent of TerraPower, which we discussed here on /. a few days ago. You may recall: Bill Gates May Build Small Nuclear Reactor.

    1. Re:TerraPower by confused+one · · Score: 1

      Oh wait, I get it... Bill Gates, et. al. (aka the Borg), Intellectual Property, and Nuclear Energy all under one roof. They MUST BE EVIL!

  42. Narrow view of invention by cenobyte40k · · Score: 1

    Just because you never make anything and don't ever solve a real world problem doesn't mean you didn't invent something. If I design something that does something in a new way or does something not done before I have invented something. Even if I take that design and lock it away in a draw for all time, I still invented it. You might not like thier business model, you might not like what they do to IP, but to say the never invented anything just because they don't make anything is a pretty narrow view of invention yourself.

  43. IV exploits a government-created catastrophe by time961 · · Score: 3, Insightful

    I haven't crossed paths (yet) with IV, but I do believe that they are fundamentally evil. They're a natural consequence of bad laws and legal practice.

    They like to describe their model as "Hey, Mr. Inventor, we'll buy your patents, or help you patent your stuff, and even pay you to work on it". This approach is appealing in principle, and to be sure, it does put some money in the hands of those inventors.

    The problem is that what the Patent Office treats as an "invention" is almost completely unrelated to what constitutes an "invention" in the real world of commerce. A patent-office invention is just an idea. It doesn't have to be manufacturable, it doesn't have to be a viable product, it even doesn't have to work. It just has to be interesting and complicated enough that a relatively unskilled patent examiner cannot find a good reason to deny a patent. And since the examiner has only limited time (small number of hours) to examine each invention, and he's goaled on patents issued, not denied, well, pretty much anything can be patented.

    (When I refer to examiners as "relatively unskilled", I don't mean that they're dummies--but rather, that they are generally less practiced in the art of patent management than the high-powered patent attorneys who craft the applications they're reading. Indeed, an awful lot of good examiners end up turning into those high-paid attorneys, after taking a few yeas of "training" at the Patent Office.)

    A real-world invention, on the other hand, has to be something that makes money. It has to work. It has to be manufacturable. It has to be sufficiently well-developed as a product that people want to buy it. And getting to there from the idea stage requires real resources: money to pay engineers, money to advertise and market, etc. And ultimately, of course, a real-world invention has to make a profit: the costs ought not to exceed the revenues.

    So what IV is mostly doing is creating or buying patent-office inventions and using those to extract money from entrepreneurs and companies that are trying to create real-world inventions. They're a tax on the real resources that are required to turn an invention into a product, and in that role, they far more often prevent useful products from reaching the market, by increasing their development costs too much for a profitable result. Sure, there are a few poster-child inventions where IV has invested their own resources, or where someone else's profit is feasible even at IV's royalty rates, but those cases are rare--and exist for press releases.

    IV's costs are minimal, because they mostly just get smart people together to brainstorm. The ideas are copied down by patent attorneys, turned into applications by IV's legal team, and pushed through the Patent Office. Once issued, a patent is presumptively valid, and fighting it is a crapshoot. So if IV comes to you, you either license or fold, because they have more and better lawyers. They generally do nothing to turn an IV patent into a real-world invention, and they bear none of those real costs.

    It is a brilliant business model. At minimal costs, IV exploits a fundamental and likely unfixable problem with the patent process, namely that most modern inventions are too sophisticated, complex, and interrelated for the process to address--yet the government guarantees a monopoly, so you have to play within the system, or be subject to patent litigation that is completely unpredictable (except for its multi-million dollar cost). The patent "reform" proposals floating around just nibble at the edges; the system itself is fundamentally broken.

    1. Re:IV exploits a government-created catastrophe by Dachannien · · Score: 1

      The problem is that what the Patent Office treats as an "invention" is almost completely unrelated to what constitutes an "invention" in the real world of commerce. A patent-office invention is just an idea. It doesn't have to be manufacturable, it doesn't have to be a viable product, it even doesn't have to work.

      Incorrect. It doesn't have to be manufactured, as the filing of a patent application is construed as a "reduction to practice" (akin to the old requirement of providing a working model to the USPTO) but it does have to be manufacturable (in the case of machines, articles of manufacture, and compositions of matter) and it does have to work to fulfill some use - at least as well as the examiner can tell from the specification provided by the applicant in view of the relevant prior art.

      See the 35 USC 101 utility requirement. "Specific, substantial and credible utility" is required, meaning it has to have a specific use mentioned in the specification, the use has to be substantial (e.g., you can't say "it makes great landfill!" and satisfy the requirement), and it has to be a credible use (e.g., no perpetual motion machines or other "incredible" utility).

      See also the 35 USC 112, first paragraph, enablement requirement. The specification has to provide sufficient instruction to the ordinary artisan to be able to make and use the invention without undue experimentation. A half-baked invention that is still at the "conception" stage will usually fail this requirement.

      An application which describes an invention that doesn't work or can't be manufactured will fail to meet both the enablement requirement and the utility requirement.

    2. Re:IV exploits a government-created catastrophe by time961 · · Score: 1

      Spoken like a professor. Well-said! but I'm sure you know that there's law and there's reality, and sometimes they don't quite match up.

      Yes, the law requires "reduction to practice" (just like it requires "utility") but that doesn't mean that the examiner has a clue of how to assess that. Since the inventor doesn't have to provide any proof of reduction to practice or utility, in practice, the examiner will accept almost any kind of assertion about those topics.

      The larger problem is that many modern inventions are far too complex to permit an unambiguous assessment of utility or enablement. It's not obviously half-baked inventions that are the problem, it's complex computer-based systems.

      Far too many issued patents simply do not provide sufficient description for one skilled in the art to duplicate the invention. Often, the inventor didn't know how to do it, either. That's where phrases like "preferably using artificial intelligence means" come in so handy.

      This is all part of the "gaming the system" toolkit that companies like IV have perfected.

      If you think it's hard to get a patent invalidated on prior art grounds, you should try doing it for utility or enablement.

  44. -5 completly misguided comment by SmallFurryCreature · · Score: 1

    Slashdot editors are Americans. The people who are supposed to edit stories speak the American dialect. So what is your point exactly? That because there are people in the world for who English is not the first language it is okay for a person for who it is, to suck at it?

    By that logic, a doctor doesn't have to know medicine since lots of people don't know medicine.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:-5 completly misguided comment by schmidt349 · · Score: 1

      Of course, I completely forgot! Slashdot is only for Americans; that's why it blocks the IPs of anyone outside the US. Oh, wait.

      American English is not spoken by the majority of English speakers on Earth. It is absolutely not okay to insist that everyone who wants to use English on this site must employ American idiom, and it's just silly that you piss and moan at an article summary that is perfectly cogent and comprehensible even if it doesn't measure up to your particular standards.

      By your logic The Canterbury Tales is trash because it's not written in an English that makes sense to you at first glance.

    2. Re:-5 completly misguided comment by PeterBrett · · Score: 1

      Slashdot editors are Americans. The people who are supposed to edit stories speak the American dialect. So what is your point exactly? That because there are people in the world for who [sic] English is not the first language it is okay for a person for who [sic] it is, [sic] to suck at it?

      Hi, I'm not American, English is my first language, and there is absolutely nothing wrong with the first sentence of TFS. Unlike the first sentence of your post

  45. People do - it's called licensing. n/t. by maillemaker · · Score: 1

    People do, it's called licensing.

    --
    A work that expires before its copyright never enters the public domain and thus enjoys eternal copyright protection.
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  47. Re:Time for some insightful, informative rants by Anonymous Coward · · Score: 1, Insightful

    Look at our standard of living in the U.S. How did it get so high?

    By blatently ignoring all the european and british patents and copyrights 100 years ago :-)

  48. Comment removed by account_deleted · · Score: 1

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  49. Lucrative business. by MaWeiTao · · Score: 2, Informative

    Owning patents is a very lucrative business beyond merely patent trolling. I've worked with a number of clients who own a bunch of patents, ranging from a handful up to a few hundred. They're routinely traded, sold or licensed. Sometimes I'm left with the impression that it's like trading Pokemon or baseball cards. Its basically trading in information. In one particular case the patents all fall under a range of related of technologies and services which the company is actively developing. In other cases it seems like investors pick and choose patents they consider to have potential and develop the technology to a point where it can be sold off for a hefty sum to another company.

    To be honest, I'm not sure how I feel about it. In many of these cases they end up doing something with the patents but there's something about this that leaves me with the impression that it's violating the spirit and intent of the patent system. But one thing is certain, we're unlikely to see any substantial and profound changes in the patent system because too many people have too much to gain from the system in its current form. And I think one of the underlying problems here is the litigious nature of this country. Perhaps we need a loser-pays system introduced?

  50. Shorter JustinOpinion by rsborg · · Score: 1

    So you're basically saying, "Don't hate the playa, hate the game". I agree.

    --
    Make sure everyone's vote counts: Verified Voting
  51. Mfg picture isn't that simple by Anonymous Coward · · Score: 0

    Here's a link to the Federal Reserve report: http://www.federalreserve.gov/Releases/g17/Current/table9.htm.

    In determining the true value of manufacturing operations to various national economies, information like that contained in this report are problematic. The statistic reported is gross value of manufactured goods. My company mfgs network security products. A Taiwanese firm, with facilities in China, manufactures our circuit boards. Our power supplies are manufactured by a Chinese firm. And so on. The total value of our finished product includes the value of our 'input materials', which are rather complex bits of manufactured product in their own right. In other words, the manufacturing value of my company's output *counts again* portions of the manufacturing value of those companies supplying input materials to us. For this reason, the total gross value of a nation's manufacturing output cannot by extension be assumed to correlate meaningfully to the value of that nation's economy.

    I think a more reasonable way to judge the manufacturing value to a national economy would be to look at it from a supply chain perspective and only count that portion of a finished good's value attributable to process operations performed within that nation. The same strategy could be applied on a per-company basis as well. The problem, of course, is that this information would be difficult and expensive to collect, so it is not used as a metric.

  52. Your sig by Anonymous Coward · · Score: 0

    Actually universal health care IS socialist. It's still a good thing.

    1. Re:Your sig by pnewhook · · Score: 1

      No its not socialist. You don't understand the meaning of the word.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
  53. Patent Trolls are Douchebags by Anonymous Coward · · Score: 0

    Patent reform is coming, and it's scumbags like Myhrvold that are hastening its arrival.

  54. Comment removed by account_deleted · · Score: 1

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  55. Re:IP stands for "imaginary property." by gmuslera · · Score: 1

    The patent system have value to society. In this particular case, a negative one. We are advancing and improving too fast and need something that slow the entire civilization down, and with a bit of luck, take us several steps backward, and this kind of patent trolls are one of the best tools for that thing.

    Or at least work as a perfect case study to show to even the dumbest (honest) bonehead in governments that there is something very wrong in the system around this.

  56. Comment removed by account_deleted · · Score: 2, Interesting

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  57. And if felt like a brick to the face by Steauengeglase · · Score: 1

    The accountants don't explain it, shareholders don't ask about it, most business leaders don't understand it.

    Amazingly though almost nobody outside of the IP community...

    Ask people who know anything and they'd say that if IV breathes in your direction, take a license.

    Emperror's clothes are awesome aren't they?

    What is believed though is that this number puts them in the Premier league (up there with IBM, Nokia, Qualcomm and others) in terms of IP influence.

    The same way Enron was at the top of their game?

    Some say they have 30,000 patent families, but it is impossible to know exactly how many.

    Bet you can't.

    But they don't want to see seen to be litigators...that's bad for reputation so they outsource that part to others who aren't so bothered about what the outside world thinks of them.

    You mean like the guy from Buffalo who keeps calling, threatening to sue me for an old debt? The same guy who for the sake of his own life can't tell me what the dept was for, who bought it, whose behalf he is suing me on or why he isn't instead suing the guy who had my phone number 8 years ago and incurred the actual debt, but dammit, he is going to find truth and justice just as soon as I write him a check for whatever sum he can squeeze out of me? Yeah, I wouldn't want that guy's reputation either.

    Still, I'll give him credit, he filled out a page without resorting to righteous indignation.

  58. two words by Anonymous Coward · · Score: 0

    Interval Research

    Started by a different ex-microsoft guy. Hired tons of smart people. Paranoid secretive culture. Never sold a single product. Blew like a billion or two in the process. This smells like the same hubris.

  59. Reduced to Practice? by Erich · · Score: 1
    If they've reduced their ideas to practice, then hooray for them. More ideas that must be licensed on Fair, Reasonable, and Non-Discriminatory grounds.

    If they haven't, then their patents may not be valid.

    --

    -- Erich

    Slashdot reader since 1997

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  61. beg to differ by Chirs · · Score: 1

    Suppose I cut down a tree. I can sell the log, or else I can mill the logs, turn them into wood, build something with the wood, and sell it as furniture.

    Each of those steps "adds value" because there is profit to be made at each step.

    Similarly, if I suck up oil from the ground I can sell the raw crude, or I can refine it and sell various types of distillates for significantly more money. More value added.

    I agree that there are problems with the current intellectual property system...but to claim that all forms of value add are due to scarcity is just wrong.

  62. No soul required. by Anachragnome · · Score: 4, Interesting

    The main requirement for entering this business--inventing things--is a complete lack of a soul (or conscience, if you'd rather).

    It is pure greed and power mongering the way things stand and in the end the result is LESS innovation.

    When I was 20, I used to do Q/A for a company that made lancets (a device to prick the skin to draw a drop of blood for analysis, usually blood sugar levels). One day I realized that there was a better way. The device I was inspecting daily had over 30 parts and ended up costing the retail customer around $35. They still had to purchase disposable tips that were one-use only and had to be safely discarded so as not to infect others.

    In less then a week I had a flawlessly-working prototype of a disposable, single-use device that not only was sterile (didn't rely on packaging to achieve), but also cost less then $.10 to make and had ONE moving part (for a total of three parts in its entirety) and was completely safe to simply throw away (the needle that did the actual pricking was drawn back inside the case after it did it's thing), making it particularly attractive to hospitals.

    I tried to shop the idea to my employer who seemed totally unimpressed and never brought it up again. I then tried to shop it to Becton-Dickenson (the worlds largest maker of syringes) and was pretty much told they didn't accept submissions from outside their own R/D dept.

    A few months ago my mother hands me one. The device I designed. It turns out the doctor she saw that day had used it on her and she decided to keep it and show it to me. It was essentially my design with the sterility factor removed. They relied on the packaging to keep the device sterile until used.

    After some research, it turns out that not only did my ex-employer have his name on the patent for it, but also the guy I spoke to on the phone at Becton-Dickinson. They had somehow both found out the other knew about the idea, waited 7 years to patent (since I did not patent it in that time) then simply co-submitted the patent, then went into production. They sell it to this day.

    In short, they could have written me a check for $5k (I was hurting for tuition back then and could REALLY have used it), had full rights to the idea and not had to wait 7 years. Instead, they CHOSE to simply fuck me over. Nice guys.

    Now, I ask you slash-dotters, what fucking incentive do I have to EVER bother trying my hand at inventing again? The knowledge that my idea at least made it to people that can use it?

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  65. You can add value, but these examples are bad... by Anonymous Coward · · Score: 0

    The iPhone itself is a real good (not an imaginary one). In his example, he said that creating patents (which are restrictions on what other people can build--you know, government granted monopolies on devices embodying the patented idea) does not add value. This is true. They create more restrictions. The people who add value have to license those patents (or avoid actually adding value in any way that infringes upon the patent claims).

    There ARE ways to add value, but they involve using IP, not creating it. That's why we have IP laws, to expand the pool available for use. But these laws have an enforcement cost and behavior, like that of many companies, causes some of us to think that the enforcement costs outweigh the value added, particularly with all the crazy extensions people have added with the goal of rent-seeking.

    My biggest problem with IP is that at some point, the lawmakers decided that profit was more important (and easier to measure) than innovation, and so they changed the laws to make IP more profitable, rather than making it more conductive to innovation.

  66. Re:IP stands for "imaginary property." by Anonymous Coward · · Score: 0

    The patent system have value to society. In this particular case, a negative one. We are advancing and improving too fast and need something that slow the entire civilization down, and with a bit of luck, take us several steps backward, and this kind of patent trolls are one of the best tools for that thing.

    Actually even in the early years of the Industrial revolution most inventions were really deployed only after patent's expiration.

    Patents' sole merit was to make these inventions known.

  67. More like beware the FUD of the poster... by LynnwoodRooster · · Score: 1
    I'm an inventor in the IntVen network. It means that a few times a month I get a list of dozens - or hundreds - of problems to address. They're well worked out, not the "we need a better energy system" type question but real-world, grounded, well-defined problems with existing art, marketing, and business cases needed. And when I come up with an idea, the IntVen team hashes it over quite thoroughly, expecting detailed drawings, concepts, descriptions, and - in one case - modeling simulations to prove the idea would work.

    .
    They pay for ideas accepted (that they will then patent), and they share in the royalties of patents licensed. They don't just patent anything; I've had about 20% of my ideas actually accepted usually because others were seen as outside a large-enough need base (meaning not enough licensing opportunities - reduce to practice here) or not an area of interest for them. It's actually a great way to be compensated for tinkering outside your main area of expertise and income, and earn a little bit of cash for it.

    And yes, they have a full lab/workshop that can be available to inventors for R&D.

    --
    Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    1. Re:More like beware the FUD of the poster... by the_povinator · · Score: 1

      I'm an inventor in the IntVen network. It means that a few times a month I get a list of dozens - or hundreds - of problems to address. They're well worked out, not the "we need a better energy system" type question but real-world, grounded, well-defined problems with existing art, marketing, and business cases needed. And when I come up with an idea, the IntVen team hashes it over quite thoroughly, expecting detailed drawings, concepts, descriptions, and - in one case - modeling simulations to prove the idea would work.

      Well, whoop-de-doo. You made money off Intellectual Ventures. How does this change any part of the discussion? The point is that they don't make this stuff, they just sit on the patents and then extort money from those who are really producing value. The fact that you made money from this is beside the point. Were any of your ideas turned into products by them?

      --
      The .sig is dead, and I believe I had a hand in killing it.
  68. Re:Time for some insightful, informative rants by Anonymous Coward · · Score: 0

    Not that any mods will actually read this far down, but feel free to mod me -1 troll now.

    Was about to mod you up, but I really hate this sort of moderation whining and have decided to never up-mod a post that complains about or tries to game moderation. In any case, otherwise a good post.

  69. Q: is there a way to GPL ideas instead of patent? by uslurper · · Score: 1

    Lets say I were to invent something for the benefit of society. And I wanted to share my idea freely with the world so that everyone can benefit from it.
    Patents are expensive me being a poor Joe, and just wanting to share my idea, I'm not going to patent something just to give it away for free.
    If I just told everyone I knew, what would stop them from taking that idea and patenting it and thus 'owning' the idea?

    Is there a way to freely publish an idea in such a way that it will not be patentable? -similar to say the GPL software licence but with allowance for the 3rd party to profit?

    Is there an organization that can review these public ideas for possible applications?
    Perhaps this organization could even award prize money for worthy ideas, such as the nobel prize system? (on a much smaller scale)
    And what if this organization was well funded and actively sought IP rights for the explicit purpose of releasing them to the public?

    --
    oldhack: "Security is a waste of money until shit hits the fan. 5 minutes later, it becomes waste of money again. "
  70. "The Road Ahead": Deliberately crafted scam? by Anonymous Coward · · Score: 0

    The book seemed to me to be a scam. Reviewers wouldn't know enough about technology to realize that the book wasn't interesting. At the time, Bill Gates and Microsoft were often in the news. So, it is easy to imagine that people bought the book, thinking that they would get something useful. A lot of copies were sold to people, apparently, who predictably would never guess that the book was, in my opinion, worthless.

  71. Re:Time for some insightful, informative rants by Anonymous Coward · · Score: 1, Informative

    You misunderstand the objections to patents. Your argument is that they stifle innovation in the short-term in return for more innovation in the long-term, and if you were right, it would indeed be a silly complaint. But that isn't true of a lot of patents these days. They ONLY stifle innovation — the theoretical effect of spurring R&D doesn't happen in a lot of cases. In fact, they retard R&D by making it increasingly risky. These patents aren't meant to protect the owner from copycats, but from people who unknowingly make something even vaguely similar to the idea behind the supposed "invention." These patents don't merely grant you protection from somebody copying your invention, but from anybody creating practically anything in the same market for the lifetime of that patent.

  72. Has Anyone Tried by DynaSoar · · Score: 1

    ... patenting the business model of a patent troll?

    If the right person pulled it off, they could use it to shut all the others down.

    --
    "I may be synthetic, but I'm not stupid." -- Bishop 341-B
  73. Awesome by obscuro · · Score: 1

    20 years from now (or whenever Intellectual Ventures gets so mired in whatever befalls it that it can't open another lawsuit) this giant backlog of IP will all be free. In the meantime these guys are doing a kind of cheesypoof R&D shop that gets to the idea stage.... Wouldn't it be awesome if that was the hard part?

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    Every rule has more than one consequence.
  74. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  75. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  76. corps and word changing by Nyder · · Score: 1

    Whats up with corporations and their instance on changing the meaning of words?

    Inventing means, well, you make something new. it does not mean you buy IP from others and claim that you invent things. Sheesh, what your doing isn't even new...

    --
    Be seeing you...