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Google Enlarges Warchest With 1023 IBM Patents

First time accepted submitter ElBeano writes "Google has continued to beef up its patent portfolio in the face of the onslaught from Apple and Microsoft. The best defense is a good offense. 'Google is building an arsenal of patents that the company has said is largely designed to counter a "hostile, organized campaign" by companies including Apple Inc. and Microsoft Corp. against the Android operating system for mobile devices. Google had already acquired 1,030 patents from IBM in a transaction recorded in July, and will obtain more than 17,000 with its $12.5 billion acquisition of Motorola Mobility Holdings Inc.'"

245 comments

  1. Did they start counting at zero? by Oxford_Comma_Lover · · Score: 4, Funny

    1023? That is a suspiciously round number...

    --
    -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    1. Re:Did they start counting at zero? by Fjandr · · Score: 1, Funny

      I wasn't aware patents could be awarded fractionally...

    2. Re:Did they start counting at zero? by Anonymous Coward · · Score: 0

      That's 3FFin' suspicious.

    3. Re:Did they start counting at zero? by Unoriginal_Nickname · · Score: 1

      1111111111

    4. Re:Did they start counting at zero? by kelemvor4 · · Score: 1

      1777

    5. Re:Did they start counting at zero? by Anonymous Coward · · Score: 2, Funny

      Someone should patent some software that uses more than 10 bits to store the number of patents.

    6. Re:Did they start counting at zero? by Anonymous Coward · · Score: 0

      If only you waited just a wee bit longer, you would've had one awesome UID.

    7. Re:Did they start counting at zero? by itamblyn · · Score: 1

      2^10 - 1

    8. Re:Did they start counting at zero? by telekon · · Score: 1

      1023? That is a suspiciously round number...

      Of course. It's a 2^10-element array of patents, the reporter just took the index of the last one and reported it as the count.

      --

      To understand recursion, you must first understand recursion.

    9. Re:Did they start counting at zero? by Anonymous Coward · · Score: 0

      Leaves patent 0 to be used as null.

    10. Re:Did they start counting at zero? by Anonymous Coward · · Score: 0

      Some of them are pretty half-assed. Does that count?

    11. Re:Did they start counting at zero? by SuperKendall · · Score: 1

      Leaves patent 0 to be used as null.

      If Google has the patent for Null we are all in trouble.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    12. Re:Did they start counting at zero? by jthill · · Score: 1

      God, and you got modded up for that? Counting from zero ... 1023 ... round number ... computers ... penny drop yet? Well just wait a bit, maybe ten, it will.

      --
      As always, all IMO. Insert "I think" everywhere grammatically possible.
    13. Re:Did they start counting at zero? by Fjandr · · Score: 1, Flamebait

      Did you have your sense of humor sugically removed, or did you come from the factory that way?

    14. Re:Did they start counting at zero? by Anonymous Coward · · Score: 0

      It sounds like it comes from the mindset of somebody who does 99 sit ups every morning.

    15. Re:Did they start counting at zero? by Noughmad · · Score: 1

      Actually, Microsoft has that.

      Why else would dereferencing a Null pointer be an Illegal Operation?

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      PlusFive Slashdot reader for Android. Can post comments.
    16. Re:Did they start counting at zero? by ikarys · · Score: 0

      I just don't see the point.

    17. Re:Did they start counting at zero? by tehcyder · · Score: 1

      God, and you got modded up for that? Counting from zero ... 1023 ... round number ... computers ... penny drop yet? Well just wait a bit, maybe ten, it will.

      There is a technique called "deliberately misunderstanding for comic effect". I believe the OP was using it.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    18. Re:Did they start counting at zero? by jthill · · Score: 1

      Yup, seems I missed that. Still doesn't seem funny, but then my response was pointless, and unkind. I'm sorry I dumped the snarly mood on it either way.

      --
      As always, all IMO. Insert "I think" everywhere grammatically possible.
    19. Re:Did they start counting at zero? by Anonymous Coward · · Score: 0

      1023? That is a suspiciously round number...

      Would that be called a "kilopatent"?

    20. Re:Did they start counting at zero? by Fjandr · · Score: 1

      That's because the calculation was performed on a Pentium.

    21. Re:Did they start counting at zero? by Fjandr · · Score: 1

      No worries, we all have bad days. I've done it myself more than a few times. :)

    22. Re:Did they start counting at zero? by quenda · · Score: 1

      +111111111

    23. Re:Did they start counting at zero? by Drugmath · · Score: 1

      Hah!

  2. Unbelievable. by Anonymous Coward · · Score: 0

    Hard to believe people get paid to sift through all these garbage patents looking for infractions. What a colossal waste of productive time.

    1. Re:Unbelievable. by c0lo · · Score: 2

      Hard to believe people get paid to sift through all these garbage patents looking for infractions. What a colossal waste of productive time.

      OT - still better than having the same people turning politicians, don't you think?

      --
      Questions raise, answers kill. Raise questions to stay alive.
  3. Submission quality... by gcnaddict · · Score: 0

    The best defense is a good offense.

    [citation needed]

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    1. Re:Submission quality... by Anonymous Coward · · Score: 0

      The best defense is a good offense.

      [citation needed]

      I find it funny, coming from a company posing as an anti-patent troll. I guess the only real anti patent trolls now are the linux patent protection pool and onda technology institute

    2. Re:Submission quality... by gman003 · · Score: 5, Insightful

      Sun Tzu, "The Art of War", Section VI, Lines 1-2:
      1. Sun Tzu said: Whoever is first in the field and awaits the coming of the enemy, will be fresh for the fight; whoever is second in the field and has to hasten to battle will arrive exhausted.
      2. Therefore the clever combatant imposes his will on the enemy, but does not allow the enemy's will to be imposed on him.

    3. Re:Submission quality... by Anonymous Coward · · Score: 0

      Frikken awesome response. Lamenting my lack of points. Miss you, Taco!

    4. Re:Submission quality... by Pikoro · · Score: 2

      Mel, the cook on Alice...

      --
      "Freedom in the USA is not the ability to do what you want. It is the ability to stop others from doing what THEY want"
    5. Re:Submission quality... by Anonymous Coward · · Score: 0

      So.... Apple wins.

    6. Re:Submission quality... by black4eternity · · Score: 1

      So Apple and others have Google exactly where they want it to be.... " hasten to battle will arrive exhausted." Or exhausting big money. Google is pumping huge money for licenses that will protect its mobile and tablet OS which are virtually free. How odd ....

    7. Re:Submission quality... by Anonymous Coward · · Score: 0

      You booted me in the head!

    8. Re:Submission quality... by Anonymous Coward · · Score: 0

      Sun Tzu, "The Art of War", Section VI, Lines 1-2:
      1. Sun Tzu said: Whoever is first in the field and awaits the coming of the enemy, will be fresh for the fight; whoever is second in the field and has to hasten to battle will arrive exhausted.
      2. Therefore the clever combatant imposes his will on the enemy, but does not allow the enemy's will to be imposed on him.

      Don't know why but all I can think about is Terran camping with siege tanks and MMM after reading that.

    9. Re:Submission quality... by Anonymous Coward · · Score: 0

      I find it funny that you think ElBeano's summary is an official statement by Google.

    10. Re:Submission quality... by shentino · · Score: 1

      There's also something to be said for simple strength in numbers, which is the same reason Google is crying foul to the anti-trust police.

    11. Re:Submission quality... by LordStormes · · Score: 1

      Come closer, Larry Ellison, so that you might see. Pay attention, class.

    12. Re:Submission quality... by Drathos · · Score: 1

      Ed Gruberman, you fail to grasp Ti Kwan Leep.

      Boot to the head!

      --
      End of line..
    13. Re:Submission quality... by gman003 · · Score: 1

      Actually, no. I think the metaphor is falling apart - the companies are not yet in a battle. They are building their armies for one, and engaging in indirect warfare (see: the anti-trust actions), but they have not yet sued each other. Whichever company sues first will probably have better chances, but for some reason nobody has yet. Probably because, once one lawsuit goes out, other companies will pile on. If Google sues Apple, Apple will file countersuit, but which one will Microsoft sue? It's like Western Europe circa 1913 out there.

      But it almost seems like a better metaphor would be the Cold War and MAD - they're all building up stockpiles for an exchange that they secretly hope will never come.

    14. Re:Submission quality... by Chatterton · · Score: 1

      I hope that Google will make them regret their attacks. I hope Google will ask them to pay for some of their news patents. As to cover the costs of defending themself and a some more just to make their points about the affair.

    15. Re:Submission quality... by geekoid · · Score: 1

      Find the waiting enemy, and bomb the shit out of them - USAF.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    16. Re:Submission quality... by Mana+Mana · · Score: 1

      > Sun Tzu

      Pulleeze. How 1980s, blase. A little more esoteria.

      He who strikes first is off balance. --Miyamoto Musashi, Go Rin No Sho. That's a badass work.

  4. let the patent wars begin by Anonymous Coward · · Score: 0

    its not about products any more its about patenting everything in sight and then screwing over other people...

    1. Re:let the patent wars begin by Anthony+Mouse · · Score: 4, Interesting

      Actually this is more likely to stop the patent wars in this part of the industry then set them off.

      The thing with software patents is that their primary effect (other than to allow patent trolls to hold up people who make stuff) is to prevent a new player from entering an existing market. The existing players have a whole arsenal of software patents and anybody who wants to enter the market will be infringing a slew of them no matter what, so the existing players can sue them and enjoin them legally from entering the market. And most of the time the new entrant knows that ahead of time and just doesn't bother.

      In this case the new entrant was Google, so what happened is that everybody who had been in the market for a while and had a patent arsenal started to shake them down and demand high royalties or try to keep their products off of the market, because Google has never been in the mobile device market before and so didn't have a relevant patent arsenal with which to ward of the incumbents' attacks.

      What Google is doing now is buying their way into the club. (Notice that only large companies sitting on a mountain of cash can do this -- the little guy is fucked.) If they buy these billions of dollars worth of patents then they can threaten the incumbents in the same way that the incumbents are threatening them, and at the end of the day they all just end up cross-licensing and Google becomes one of the incumbents going forward.

      At that point companies can go back to competing based on merit, but only those companies that can afford to buy their way into the market. The patent system excludes everyone else.

    2. Re:let the patent wars begin by umghhh · · Score: 1

      interestingly till google entered mobile market companies that were there before were in some kind of peace or no-fighting mode. Apple came with its one asshole takes all attitude and see what happens. I could hardly believe they actually sued Nokia - I mean how stupid this IP thing can actually get? Is it not obvious that it actually (in its current form) is a hurdle not a help for the industry? Just wonder - when next well paid report on how good patent trolls are for human kind arrive.

    3. Re:let the patent wars begin by imthesponge · · Score: 1

      Gotta spend money to make money. That's always been the case.

    4. Re:let the patent wars begin by webnut77 · · Score: 1

      Sorta like the nuclear arms race and 'mutually assured destruction'; only the one who fires first doesn't necessarily gain the advantage.

    5. Re:let the patent wars begin by erroneus · · Score: 1

      I tend to concur with your perspective. Apple started its attacks on Nokia first and started the fire. It was fairly quiet before then.

      But as for Google preventing an all-out software patent apocalypse, I suppose the GP's theory is just as good as my hopes that this will help bring an end to software patents in general.

      But that said, it is not hard to imagine that the big players will agree to an armistice and the politicians will be paid to agree with the big players.

    6. Re:let the patent wars begin by stiggle · · Score: 2

      It was quiet because all the major players in the field are members of the GSM Alliance where they agree to cross-license patents in order to gain access to the GSM technologies at a cheap rate.

      Apples open shots were due to them demanding the same rates as GSM Alliance members but refusing to put their patents into the pot like everyone else did.

    7. Re:let the patent wars begin by cryptoluddite · · Score: 1

      because Google has never been in the mobile device market before and so didn't have a relevant patent arsenal with which to ward of the incumbents' attacks

      That's not really true though, is it. Apple also hadn't really been in the mobile/cell market either, but they came out with a phone with a ton of new inventions in it. The existing players couldn't sue Apple because they needed to look and work like the iPhone. Apple invents new things.

      The real problem Google had entering the mobile device market is that they didn't add anything new at all. They just copied existing phones (iPhone). Google is like Microsoft, just improving and executing on other people's ideas. Search, email, maps, phones... I can't think of any actual invention Google's made. They are opportunists not inventors and that's why they have to buy patents.

    8. Re:let the patent wars begin by Kharny · · Score: 1

      You've got to be joking or a troll.

      Apple entered the mobile market screaming to everyone how unfair it was that they had to actually pay something for all those real inventions others like nokia were having.
      They refused to cross license their "innovative" designs etc, sued everyone over those, while holding up real patentholders in any way they could, Nokia finally got something from apple after the iphone selling for over 3 years.

      And now apple happily turns around and does the exact same thing to the newcomer android, bunch of hypocrites

      --
      Make a man a fire and he will be warm for a day, set a man on fire and he will be warm for the rest of his life
    9. Re:let the patent wars begin by CubicleView · · Score: 1

      posting on account of fat finger mod

  5. Cross licenses? by sillivalley · · Score: 1

    Google takes these patents subject to existing cross licenses. How many competitors (such as Apple and MS) already have cross licenses with IBM that cover these?

    1. Re:Cross licenses? by powerspike · · Score: 2

      Google takes these patents subject to existing cross licenses. How many competitors (such as Apple and MS) already have cross licenses with IBM that cover these?

      I'm quite sure there is a clause in the cross licencing that if you take legal action the licencing agreement is null and void.

    2. Re:Cross licenses? by c0lo · · Score: 1

      Google takes these patents subject to existing cross licenses. How many competitors (such as Apple and MS) already have cross licenses with IBM that cover these?

      Interesting! But... what a cross-licensing agreement is good for if the cross-licensor still attacks you?
      (is it any different from having the patent war-chest without any cross-licensing?)

      --
      Questions raise, answers kill. Raise questions to stay alive.
    3. Re:Cross licenses? by Fluffeh · · Score: 3, Informative

      Cross licensing gets rid of the concept of one party still attacking another for the most part. Party A sues Party B: result Party A either gets money or Party B has to stop doing what they are doing. However if Party B has its own trove of patents, the idea of cross licensing comes through by Party B telling Party A "Hey, if you don't back that lawsuit off, we will sue you for patents x, y and z." At that point both parties are pretty much in a stalemate - so they agree that Party A can use patents x, y and z while Party B holds off suing them.

      Both parties will pretty much want to keep doing what they are doing, so they rattle their sabres for a while until an equilibrium is reached with the patents.

      If (like in this case) one of the parties is new to the group or bought up a bunch of patents, they can still be attacked - but they already know what their patents are worth to the other companies - they were likely already using them as part of some agreement previously. If they still get sued, they (as the new patent owners) can revoke previous agreements allowing the other companies use of their patents. If this happens, then basically the whole things starts from the beginning of this post until an equilibrium is reached.

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      Moved to http://soylentnews.org/. You are invited to join us too!
    4. Re:Cross licenses? by Anonymous Coward · · Score: 0

      Which is curiously similar to the nuclear arms race...

  6. Patents by geefau · · Score: 1

    is there an easy way to get a basic understanding of what the 1023 IBM patents are for, are they mostly algorithm patents or?

    1. Re:Patents by Anonymous Coward · · Score: 0

      Most likely not about algorithms at all, more like design\style\look-and-feel and other very general ideas used in most portable devices and their corresponding software.

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

      I hope they get the one about subdividing parking spaces using white lines.

      i'd really love to see that one put to the test.

    3. Re:Patents by Stewie241 · · Score: 1

      So *that's* why they have yellow lines where I live. Interesting.

  7. Software by sonicmerlin · · Score: 3, Interesting

    I think what's really stupid about software patents is that you can't find out what part of your software is infringing on another company's patents. That's the idiotic part. Hardware patents, of course. Samsung can learn immediately what Apple's specific complaints are. But software patents remain hidden, so that Google can't go back and change whatever code is infringing on their competitor. You don't even need to get rid of patents. Just get rid of this ridiculous veil of secrecy garbage.

    1. Re:Software by Anonymous Coward · · Score: 1

      All awarded patents are available and if someone claims your infringing on his patent, he has of course to tell you which patent your infringing.
      With that information you should be able to change your software regardless how the other company has implemented it's patent.
      The real problem lies in the fact that in essence you should match all known patents against your software/hardware/design.

    2. Re:Software by swillden · · Score: 1

      I think what's really stupid about software patents is that you can't find out what part of your software is infringing on another company's patents.

      Sure you can. It's a huge amount of work, and generally not worth the effort, but it's certainly possible. And it's no different from hardware patents in that regard. What makes you think they're different?

      --
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    3. Re:Software by Anonymous Coward · · Score: 0

      That's why companies nowadays fight eachother over the looks of their devices and user-interfaces, not the actual implementation.

    4. Re:Software by aaaaaaargh! · · Score: 1

      Everything about software patents is really stupid.

      They make it impossible for a small software company to be successful, because when it grows it will get sued and stand no chance. In the long run software patents mean that a small quasi-monopolistic cartel of large companies can control what software is produced. Either your with them by signing their contracts / selling your company, or you'll perish.

      Software patents need to be stopped entirely. They do NOT work and stiffle innovation.

    5. Re:Software by silentcoder · · Score: 1

      >Sure you can. It's a huge amount of work, and generally not worth the effort, but it's certainly possible

      It is also, legally speaking, a very bad idea. If you do research into patents you may infringe and miss one, then that research can be taken as evidence that you should have found what you missed. This makes you potentially liable for willfull infringement. The penalties of which are much higher.
      It is actually (especially if you're an indy coder) a very good idea to not do any checks for patent infringement on your code. You may well end up infringing some (in fact, if your program is remotely complex is just about a guarantee) - but the penalties will be much lower than if you checked - especially since writing a program that infringes no patents at all is outright impossible now.

      --
      Unicode killed the ASCII-art *
    6. Re:Software by bberens · · Score: 2

      Sounds to me like it's all working according to plan.

      --
      Check out my lame java blog at www.javachopshop.com
    7. Re:Software by geekoid · · Score: 1

      Because different verbiage can be used to implement the same thing...and in fact, a compiler could compile code in such a way that it BECOMES infringing code without the developers knowing it.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    8. Re:Software by swillden · · Score: 2

      Yep. Which is why attorneys always tell software engineers NOT to search for infringing patents. Odds are that you'll find plenty if you look, and that there's really no point in working around them because they'll never come up in a lawsuit... but if you looked, and you didn't fix or license, then you're willfully infringing and are liable for treble damages. All in all, it's better just not to look and to build up a big defensive portfolio in case you get sued.

      All of which just shows how badly broken the system is.

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    9. Re:Software by swillden · · Score: 1

      Because different verbiage can be used to implement the same thing...and in fact, a compiler could compile code in such a way that it BECOMES infringing code without the developers knowing it.

      Most of the software patents I've read are written at far too high a level for either of those to be a concern; and in the second case you'd have a strong argument that it's the compiler writers who infringed, not you.

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  8. Taking sides in the Patent Wars by Anonymous Coward · · Score: 0

    Despite the flack that Google got in the past couple of years for abandoning its "Don't Be Evil" motto - at least in appearance - I still trust them more with a patent portfolio than Apple. Apple's success in blocking the sale of Samsung tablets in Europe puts them in the "Evil" category, where they use patents to block competition from access to the market.

    Microsoft went the route that patents were designed for: making money by licensing patents to Android phones. Whether software patents should be allowed or not is a whole different question, but Microsoft seems to have changed its stance from killing/buying-out the competition to charging them to compete with Microsoft.

    Google, on the other hand, hasn't used its patent portfolio to prevent competition from reaching the market, or to make it pay to reach the market. Until they do, I will side with them.

    1. Re:Taking sides in the Patent Wars by Anonymous Coward · · Score: 0

      lol..troll fail

    2. Re:Taking sides in the Patent Wars by kiwirob · · Score: 1

      Google hasn't used it's patent portfolio to prevent competition, simply because apart from the PageRank Algorithm which it owns the patents on it hasn't invented anything.

      Google is currently the verb meaning "to search thing internet for a subject", but outside search Google is a synonym for another company name that became a verb, Xerox.

    3. Re:Taking sides in the Patent Wars by Anonymous Coward · · Score: 0

      Google is a synonym for another company name that became a verb, Xerox.

      No it isn't. Synonyms are words with the same meaning, like "idiot", "moron" and "kiwirob".

  9. Backdating patents is okay? by Anonymous Coward · · Score: 0

    Am I to understand that you can buy patent protection for violating *past* alleged infractions of someone else's patents?

    This seems sort of evil, to me.

    1. Re:Backdating patents is okay? by Anthony+Mouse · · Score: 1

      It isn't "protection" so much as it is "ammunition" -- someone has come to Google pointing a gun and sticking them up. Google must then go out and acquire their own weapons so that they can negotiate peace from a stronger position.

      There is no element of "backdating" -- Apple or Microsoft or whoever was always violating the patents that Google now has, it's just that the then-owner had not yet attempted to enforce them. After Google buys the patents, they can threaten to enforce the patents if the initial aggressor does not back down.

  10. We can't let by Anonymous Coward · · Score: 1

    Russia have more nukes than us!

  11. IBM is Selling by vlad30 · · Score: 1

    So when do they expire ? why are they selling ? after all IBM makes a lot from the research it did and licensing of said patents

    --
    Your'e all thinking it, I just said it for you
    1. Re:IBM is Selling by Kagetsuki · · Score: 4, Interesting

      "The enemy of my enemy is my friend." They can pass the patents to Google and let Google take the heat and fight the fight and they can generally stay out of it - for them that's good. Besides, this will surely strengthen the Google-IBM relationship and I'm sure there were other terms and conditions set out on the transfer that will be beneficial to IBM.

      It should further be noted that IBM has actually taken patents for things and allowed totally free use simply to prevent anyone from controlling some fundamental technology. As far as patents go they seem like the good guys.

    2. Re:IBM is Selling by Anonymous Coward · · Score: 0

      IBM also employs the lead of the samba team.

      Why? To understand MS protocols I guess.

      Doesn't matter what your reason, someone will always be fighting someone, so do what you want to do and someone will back you if you're doing a good job!

    3. Re:IBM is Selling by Anthony+Mouse · · Score: 1

      It should further be noted that IBM has actually taken patents for things and allowed totally free use simply to prevent anyone from controlling some fundamental technology. As far as patents go they seem like the good guys.

      I have mixed feelings about that. On the one hand, they seem to be fairly well behaved when it comes to software patents; you don't see IBM going out and trying to put its competitors out of business by threatening them with patent injunctions. (Although there was that one time.)

      At the same time, I have to wonder how much of that is just circumstance. IBM is one of the strong proponents of the scourge of software patents outside of the patent lawyers who don't want to lose their jobs. And when you think about it, who would IBM go after that they aren't already? Their direct competitors basically all have their own patents and they therefore almost certainly have cross-licensing agreements with them rather than court battles, which may or may not involve cash payments. And since license agreements are not generally public information, for all we know they are already collecting their tithe from everybody in the industry.

    4. Re:IBM is Selling by phantomfive · · Score: 4, Insightful
      IBM is absolutely not on the good side when it comes to patents, they are on their own side. You will never see IBM make any move unless somewhere someone has calculated that it will make them profit. And they are very, very good at making that calculation, which is why they are still in business a hundred years later. Guaranteed Google paid them for these patents, more than they are worth to IBM, and that's why they got them.

      IBM is not on the good side of the patent war. They make millions every year on patents alone. They nearly sued SUN into the ground, among other patents, for a patent on drawing a line. Here is a quote by an IBM lawyer:

      "maybe you don't infringe these seven patents. But we have 10,000 U.S. patents. Do you really want us to go back to Armonk [IBM headquarters in New York] and find seven patents you do infringe? Or do you want to make this easy and just pay us $20 million?"

      IBM likes their patents.

      --
      "First they came for the slanderers and i said nothing."
    5. Re:IBM is Selling by Anonymous Coward · · Score: 0

      Actually, filing patents is a pretty expensive business if you just want to stop someone else from patenting the idea.

      What big companies tend to do if they want to maintain "freedom of action" is to simply publish the patent submission as an article in (for example) IP.com. That gives them (and others) this freedom at a cost substantially less than a patent.

      Ideas that are deemed useful in terms of use, but not so useful in terms of extracting money from others, tend to go down the publish route.

    6. Re:IBM is Selling by Nyder · · Score: 1

      ...Here is a quote by an IBM lawyer:

      "maybe you don't infringe these seven patents. But we have 10,000 U.S. patents. Do you really want us to go back to Armonk [IBM headquarters in New York] and find seven patents you do infringe? Or do you want to make this easy and just pay us $20 million?"

      IBM likes their patents.

      Wow, the mobs should be proud of that lawyer.

      --
      Be seeing you...
    7. Re:IBM is Selling by geekoid · · Score: 1

      They are the good guys in that they just don't go after everything that seems in infringe, and they can have very loose licenses regarding some patents.

      If IBM strictly enforced all their patent, you wouldn't have other computer companies.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    8. Re:IBM is Selling by phantomfive · · Score: 1

      You sound like an abused woman. "He is a good man, he hasn't knocked my teeth out yet."

      --
      "First they came for the slanderers and i said nothing."
  12. just pay up already by kiwirob · · Score: 0

    Wouldn't it just be cheaper for Google to arrange a direct patent license with Microsoft and Apple rather than trying to build their own patent portfolio to try and go to war? It's pretty clear from the Lindholm email in the Oracle lawsuit that senior member of the Andriod team knew there was patent issues, which they ignored and decided to risk the legal problems later. So now instead of fairly paying their own way they are paying stupid money for Motorola and billions more buying patents from IBM and others. "Do no evil" what a joke, they are a dirty bunch of thieving bastards!

    1. Re:just pay up already by LordLucless · · Score: 5, Insightful

      So now instead of paying protection money they are paying stupid money for Motorola and billions more buying patents from IBM and others

      Fixed that for you. As for Google's motivation, probably "if once you have paid him the Danegeld, you never get rid of the Dane."

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    2. Re:just pay up already by Anonymous Coward · · Score: 0

      Let it go. Clearly you have an issue with Google (your posting history is my citation), but there is nothig Evil about buying patents, they may do something evil later with those patents, but this isn't it. Google is learning the only real lesson the current US patent system teaches, build a patent portfolio so that you can convince your major competitors that suing you will cost too much. Any attempt for a company the size of Google to license every patent that it might end up being sued for would cost several times what they just paid out for Motorola and the IBM patents. You are right, Google decided it would be better to fight Java patents in court rather than license up front. Until Oracle became the owner of those patents, that was looking like a pretty safe bet. Maybe Google should have just bought Sun. Even now, the size of the potential judgement has been reduced to the point that even if they lose they may not have made a terrible decision, and if they manage to invalidate the Sun patent claims then they definitely took the correct path.

    3. Re:just pay up already by Anthony+Mouse · · Score: 2

      Why should they pay their competitors when they can pay similar money to someone who isn't trying to sue them out of the market?

    4. Re:just pay up already by Anonymous Coward · · Score: 0

      Wouldn't it just be cheaper for Microsoft and Apple to arrange a direct patent license with Google rather than trying to build their own patent portfolio to try and go to war?

    5. Re:just pay up already by maxwell+demon · · Score: 1

      Wouldn't it just be cheaper for Google to arrange a direct patent license with Microsoft and Apple rather than trying to build their own patent portfolio to try and go to war?

      You are assuming that Apple and Microsoft would be willing to license the patents to Google. But why should they? There's probably more money in having no competition from Google than Google could ever pay.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    6. Re:just pay up already by kiwirob · · Score: 1

      Paying money as part of a cross license agreement is kinda standard practice in the technology industry. Google purchased Andriod and controls it's "free" distribution to hardware OEMs when they had virtually no patents apart from the origin PageRank patent (that they will not license to anybody else by the way). What's different from Google and Apple and Microsoft is they have been active in the research and development of software operating systems and hardware manufacture for ever. They already had a large number of patents and are also more than happy to pay FRAND fees for patents that are part of international standards.

      As far as worrying about having to continue to pay more later thats a simple matter of contract negotiation. Google pays to license all current patents as at the date of the contract.

      While you might not agree with software patents, they are in currently part of the legal system. There is an obligation on all corporations to follow the law until such time as the law gets changed.

    7. Re:just pay up already by Rockoon · · Score: 2

      You clearly dont know much about this issue.

      First, Google *is* paying Microsoft licensing for various things in their Android phones. However, this transaction only applies to the Android phones made by Google. They do not apply to the Android Phones made by others.

      Google knew there was patent issues and they actually resolved them BY LICENSING THE VARIOUS PATENTS.

      The evil part is that even though Google knew there were patent issues, they invited every other manufacturer to go ahead and just use the OS without getting their own licenses. Google fucked everyone.

      --
      "His name was James Damore."
    8. Re:just pay up already by kiwirob · · Score: 1

      Go back and look at the history. Nokia and Motorola started the patent wars attacking Apple. The only people currently directly suing Google is Oracle and judging by the Lindholm email they have very good reason to.

      Microsoft and Apple both are sitting on many $10Billion's of cash. Paying a couple dollars to them to license technology which has obviously been copied isn't going to give with company and more of an advantage in the market place than they already have.

      In fact Microsoft has already offered Google to join syndicates to purchase patents so they don't end up in the hands on non practicing patent trolls. The fact that Google refuses to join in and play nice says a lot about their evil litigious intentions.

    9. Re:just pay up already by Anthony+Mouse · · Score: 2

      Go back and look at the history. Nokia and Motorola started the patent wars attacking Apple.

      And Apple, rather than finding some quiet resolution, got out their torches and spread the fire all over the place by suing everyone in the market, including the Android phone makers who had never sued Apple to begin with.

      The only people currently directly suing Google is Oracle and judging by the Lindholm email they have very good reason to.

      The Lindholm email stands for nothing but the proposition that Google at one time considered negotiating a license for Java. It has nothing to do with whether Dalvik infringes the same copyrights or patents or whether the patents are even valid.

      Microsoft and Apple both are sitting on many $10Billion's of cash. Paying a couple dollars to them to license technology which has obviously been copied isn't going to give with company and more of an advantage in the market place than they already have.

      As the other poster above pointed out, "once you have paid him the Danegeld, you never get rid of the Dane." It isn't a matter of driving your competitors out of business by depriving them of revenue, it's a matter of preventing them from shaking down your phone manufacturers. And in any event, why reward Apple and Microsoft for their hostile behavior? It would only encourage them.

      In fact Microsoft has already offered Google to join syndicates to purchase patents so they don't end up in the hands on non practicing patent trolls. The fact that Google refuses to join in and play nice says a lot about their evil litigious intentions.

      Google wants to acquire patents to use as leverage against Microsoft to prevent them shaking down Android phone makers. A patent jointly owned by Microsoft can hardly be used as leverage against Microsoft. And Microsoft forming a coalition to outbid Google on the Nortel patents can hardly be considered an effort to keep them out of the hands of "non practicing patent trolls" -- if that was their only concern then Google buying them by itself would have completely alleviated it and there would be no explanation for Microsoft's actions.

    10. Re:just pay up already by Anthony+Mouse · · Score: 1

      While you might not agree with software patents, they are in currently part of the legal system. There is an obligation on all corporations to follow the law until such time as the law gets changed.

      Then you had better look in a mirror, because if Apple and Microsoft were not currently violating a litany of third party patents then there would be nothing for Google to buy to use as leverage. But there is, because it is not feasible to produce nontrivial software that does not infringe arbitrary third party software patents.

      No one follows the law. If you don't like it, change the law.

    11. Re:just pay up already by kiwirob · · Score: 1

      Most of the Apple lawsuit by Samsung and Nokia (before they settled) where for patents that have been accepted into International Standards, under which the companies have agreed to license to 3rd parties under FRAND terms. Apple has simply said they are happy to pay under FRAND terms but will be be black mailed into cross-licensing technologies Apple independently invented and hold patents on.

      To use a car analogy, Samsung supplied some of the structural supports used in creating a toll bridge used by the larger motoring community. They agreed to supply these structural supports in exchange for $x each time somebody cross the communities bridge. Along comes Apple in there new sports car with a smoking hot babe with big boobs in the passenger seat and try to drive over the now public bridge for $x per trip. Samsung likes the look of the sexy babe Apple has in its car and is demanding that Apple should let Samsung have sex with the sexy babe in exchange for letting it use the bridge.

      The Bridge is patents which 100's of companies all placed into International Standards such as 3G and Wifi. The hot babe in Apple cars are it's iOS innovations and patents.

      If all you where obligated to do was pay a small fee on the toll bridge would you just stand by and let the toll collector have sex with your girl, because he found her sexy and wanted her?

    12. Re:just pay up already by LordLucless · · Score: 2

      Paying money as part of a cross license agreement is kinda standard practice in the technology industry

      So was paying money to mobsters back in the day.

      While you might not agree with software patents, they are in currently part of the legal system.

      Which is why I never said "patents are illegal", but said that patents are an immoral extortion racket. The fact that our legal system currently endorses immoral extortion rackets is a flaw, not a feature.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    13. Re:just pay up already by Jah-Wren+Ryel · · Score: 4, Interesting

      Google knew there was patent issues and they actually resolved them BY LICENSING THE VARIOUS PATENTS.

      The evil part is that even though Google knew there were patent issues, they invited every other manufacturer to go ahead and just use the OS without getting their own licenses. Google fucked everyone.

      That's a pretty extrordinary claim. I'd really like to see some sort of proof. Specifically that (a) google licensed the relevant patents and (b) google encouraged others to violate them. That's no joke, a citation that backs up those claims would go right into my bookmarks.

      --
      When information is power, privacy is freedom.
    14. Re:just pay up already by shentino · · Score: 1

      And judging from Oracle trying to nuke stuff on the old Sun website and what archive.org found (http://www.groklaw.net/articlebasic.php?story=20110810152617279), I'd say that Oracle is trying to pull a fast one.

      I wonder if Oracle failing to recover the old website (which was conveniently nuked on the eve of trial) counts as spoliation of evidence.

    15. Re:just pay up already by Bert64 · · Score: 1

      Apple have often refused to license their patents..
      Microsoft probably would, but the fees they demand would make it impossible to give android away for free, and would make it more expensive than windows mobile.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    16. Re:just pay up already by andydread · · Score: 1

      Yeah because in your world open source should not exist. Only Dear Leader Jobs and his minions are the only ones should be able to write code. Fuck this 'all your code are belong to us' mentality. You Apple goons that are supporting this hostility towards open source should be ashamed of yourselves. When Apple takes from open source and builds upon it its ok with you goons, When Apple tries to sue open source to oblivion thats OK too. The hypocrisy is incredible. The notion that you cannot sit down in front of your computer and write code without Dear Leader Jobs treating you for patents is ludicrous. I HATE this shit.

    17. Re:just pay up already by petermgreen · · Score: 1

      The problem with that approach is that if foocorp doesn't have any relavent patents of their own and barcorp comes along and claims that foocorp violates their patents then barcorp has foocorp over a barrel. They may choose to grant a license at a reasonable rate, they may not. If they don't then afaict there is nothing foocorp can do about it.

      OTOH if foocorp and barcorp both have relavent patent portfolios then a balance comes into play. Since neither side wants to be destroyed they have to agree not to destroy each other.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    18. Re:just pay up already by Anthony+Mouse · · Score: 1

      So Samsung's patents are a toll bridge while Apple's patents are a girl? No, patents are patents. If Apple wants to use Samsung's patents then they had better be willing to let Samsung use Apple's patents. Because the alternative is that they can both go to court and get injunctions against each other, and then neither of them will be able to sell their products.

    19. Re:just pay up already by geekoid · · Score: 1

      You might want to look at the agreement regard MS's 'deal' to google. Seriously, lets judge on actions, not on guessed intentions.
      At this point, base on all the evidence and actions, Google is acting perfectly reasonable. Can that change? yes, of course.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    20. Re:just pay up already by Anonymous Coward · · Score: 0

      Your posting history shows that you're completely incapable of being objective about Google.

  13. expandio ad absurdam by markhahn · · Score: 0

    will future history remember Goggle's main significance as hastening the demise of the current patent system?

    1. Re:expandio ad absurdam by Anonymous Coward · · Score: 0

      That's one of their hopes. Unfortunately, patent reform won't happen fast enough to save Android.

    2. Re:expandio ad absurdam by kiwirob · · Score: 1

      Hey Google seeing as you don't agree with software patents can I please have a free license to use your PageRank search algorithm patents. More competition is good for everybody right so how about it.....Whats that? You want to use everybody else's patents for free but you are not prepared to share your own patents?? Doesn't that make you a hypocrite?

    3. Re:expandio ad absurdam by SnowZero · · Score: 1

      "...the patent is assigned to Stanford University and not to Google."
      http://en.wikipedia.org/wiki/PageRank

    4. Re:expandio ad absurdam by Anonymous Coward · · Score: 0

      Google is just using this as an excuse to buy a bunch of patents (since they don't invent things themselves) and become a big entrenched corporate behemoth like all the rest. They're a public company competing with Apple, Facebook, and Microsoft and want a bunch of patents to guarantee income in the future even if they get out-competed.

      Oh you thought they were buying patents to fight for the little guy? You're a resource to them. They don't even answer phone calls to support their products for actual customers (companies that buy AdWords, not you), let alone for a resource like you.

    5. Re:expandio ad absurdam by geekoid · · Score: 1

      That would be awesome if google owned that patent, but they do not. How about your next complaint actually be valid?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  14. Quality by Anonymous Coward · · Score: 0

    Have read several articles that suggest the 17k are not really that relevant to modern phone OS's, and were probably a waste of money.

    http://www.theregister.co.uk/2011/08/15/google_motorola_the_poker_chip_that_cant_be_redeemed/

    http://www.businessinsider.com/googles-motorola-patents-are-crap-2011-8

    Wonder how useful the next 1k are?

  15. Why don't they just cross-license? by SleepyHappyDoc · · Score: 1

    I don't understand why Google and Apple don't just sit down and agree to let each other use all their patents. Then they really could compete on the strength of their own innovations, rather than wasting all this money on lawyers. The customers will go to the one who implements the patents better.

    --
    Stasis is death. Embrace change.
    1. Re:Why don't they just cross-license? by bws111 · · Score: 4, Informative

      Because prior to Google buying the IBM and Motorola patents they had nothing to offer. Why would Apple (or Microsoft, or Samsung, or anyone else) let Google just use their patents when Google has nothing of value to offer them? That is just throwing away money. Now that Google has something to offer they are in a better position to make such a deal.

    2. Re:Why don't they just cross-license? by SleepyHappyDoc · · Score: 2

      That makes sense. Now that Google has all these patents, do you think it will go down that way (cross-licensing)?

      --
      Stasis is death. Embrace change.
    3. Re:Why don't they just cross-license? by tyrione · · Score: 1

      I don't understand why Google and Apple don't just sit down and agree to let each other use all their patents. Then they really could compete on the strength of their own innovations, rather than wasting all this money on lawyers. The customers will go to the one who implements the patents better.

      Patents are part of the strengths of their own innovations. Or do you not get the point of innovation and patenting said innovation?

    4. Re:Why don't they just cross-license? by Rockoon · · Score: 1

      I don't understand why Google and Apple don't just sit down and agree to let each other use all their patents.

      ..because such a deal wouldnt apply to manufacturers of Android or iOS devices other than specifically Google and Apple. Such a deal doesnt help the HTC's of the world.

      You do understand this stuff, right? ..well... perhaps now.

      --
      "His name was James Damore."
    5. Re:Why don't they just cross-license? by should_be_linear · · Score: 1

      Maybe because Google lets them create search engines, for example, without bullying anyone with patents. Using patents to protect your lack of innovation and new ideas is simply evil. Google was never desperate enough so far.

      --
      839*929
    6. Re:Why don't they just cross-license? by Xest · · Score: 2

      "Because prior to Google buying the IBM and Motorola patents they had nothing to offer. Why would Apple (or Microsoft, or Samsung, or anyone else) let Google just use their patents when Google has nothing of value to offer them? That is just throwing away money. Now that Google has something to offer they are in a better position to make such a deal."

      Yes, it's not that Google lacks really good patents, it's just that those really good patents are in things like search.

      The issue is that companies are using patents to try and build a stranglehold on certain markets. Microsoft's long been using them to try and ensure the desktop OS market is theirs and only theirs, Apple has recently been using them to try and corner the cellphone market, and Google if any serious search competition came along would probably start using them there too.

      None of these companies want to compete in their most lucrative markets, and that's where they are using the patents.

      This is a real problem though, because it demonstrates how stupid the US patent system is- being a major player in a particular market means you no longer have to compete on your merits, you can just try and keep everyone else out with litigation.

      What's happening in the cellphone market is that people just outright don't want to be kept out because they realise it's a lucrative market, and as hard as Apple tries, it's going to be forced into licensing deals in the end, just as it was when it tried things on with Nokia.

      It's a fine example of how the patent system in the US works counter to what it was intended for, it's an excellent demonstration as to why it causes companies to decided to try and litigate rather than innovate. I just don't know how long it can go on for, as it's not just the US it hurts but the whole world as no manufacturer can shun a market as big as the US. The US needs to reform it's patent system now, not just for itself but for everyone, and even Europe has some work to do judging by the way it's been honouring Apple's absurd design patents that involve really nothing much more than rectangles with rounded corners.

    7. Re:Why don't they just cross-license? by synapse7 · · Score: 1

      Apple is trying to reduce market selection, sorry I couldn't find where I read this. Apple also believes they own the right to make touch devices, http://www.dailytech.com/Apples+Lawyers+Take+Quest+to+Kill+Android+to+Japan/article22660.htm

    8. Re:Why don't they just cross-license? by Anonymous Coward · · Score: 0

      The key here is that there is no business incentive to innovate if everyone can easily copy it. Buffet talks a fair bit about this in companies he looks for. Technology companies become lowest-price competitors rather than consumer monopolies if everyone can duplicate any features of hardware or software and thus have identical interface and services. Competitors in price seldom make money over the long term.

    9. Re:Why don't they just cross-license? by Anonymous Coward · · Score: 0

      I don't understand why Google and Apple don't just sit down and agree to let each other use all their patents. Then they really could compete on the strength of their own innovations, rather than wasting all this money on lawyers. The customers will go to the one who implements the patents better.

      If HTC or Samsung basically copy Apple form factor, which is what part of this battle is about, they would not be competing on the "strength of their innovations" but rather on their ability to save money in R&D, advertising, etc by simply copying a product on which money was spent by someone else. Also, it's not clear to me that Google has innovated anything with Android. Android is simply the not-made-by-Apple product that's free to manufacturers (the true customers, not consumers), that's based on other technologies (such as Java, which is another battle) and lets geeks hack it to their satisfaction (if the manufacturers allow it).

      So now Google is fighting back by buying patents for things it could have never done, hoping that they can wield them against Apple to trade them off against (mostly) patents that Apple actually made itself. So we'll see Google wielding antenna patents, which it could never have made itself, against Apple which actually leapfrogged existing manufacturers to design and create antennas in a new way.

  16. Do patents encourage innovation anymore? by mykos · · Score: 5, Insightful

    I have a feeling that if I were to make my own cell phone from scratch, without looking at a single patent and using only obvious ideas off the top of my head, I'd owe a lot of people a lot of money.

    1. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 1

      The of point patents is you don't have make one from scratch; you can read the patents. I think your underestimating the complexity of a cell. Just because a lot of patents are obvious, doesn't mean all of them are.

    2. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 0

      I think the point is you didn't, you probably do not have the resources and most importantly you can't prove if "from scratch" is now tainted with other peoples "obvious" ideas. The wheel seems pretty obvious but in retrospect I think the current laws governing patents would be fair to guy who made it happen first.

      I have some of my own obvious idea's I'll go ahead and sell you right now if you want to beat them the next go round.

    3. Re:Do patents encourage innovation anymore? by bws111 · · Score: 2, Insightful

      Yes, you can do that now, and you consider it obvious, because you have used a cell phone. You have used/seen different types of cell phones. You doubtless have read countless articles on how they work. You know what components are used in them.

      Now, go back 30 years and tell us that you could have come up with a Droid or iPhone then. Not just a general idea (little handheld-device that lets you do things), but an actual, working, Droid or iPhone or equivalent. Remember, there were no Li-ion batteries, no touch displays, no GSM, no ARM processors. Even supposedly simple stuff like magnets small enough and powerful enough to make a speaker you could hear didn't exist. No digital cameras. To get from where we were 30 years ago to where we are now took thousands and thousands of innovations, damn near all of them patented.

      So yes, undeniably patents encourage innovation. Furthermore, as you said, if you implemented your 'obvious' cell phone you would be infringing on many patents. The way to avoid those patents is to innovate new methods of doing things that cell phones do (which you can then patent). Make a new I/O method, etc. Or do you think we are at the end of the line for I/O, and 50 years from now we will still be using touch LED displays? I bet the real innovators are working on those things right now. And they will patent them.

    4. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 0

      There is no undeniably in it. The likelihood is that patents encourage innovation but it is far from certain. To pull a number from where the sun shineth not, I'd give it about 4:1.

    5. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 0

      Even if you don't make your own cell phone from scratch, you owe me $3.50.

    6. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 1

      That's precisely what's wrong with software patents. "you can read the patents" is useful for hardware because it can save you expensive physical engineering R&D in exchange. But with software you can just solve a bunch of problems at your keyboard on the way to building your app, and then find out later you've infringed X number of patents. We've erected a complete minefield around software innovation.

    7. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 0

      Nice argument, but the problem with that comes from the fact that stuff 30 years ago should be public domain by now and not under the control of the inventor, that is how copyright and patents are supposed to work. If they didn't want the people to get access to it at all, then they should have just treated it like trade secret and not sold it or patented it at all. But you patent it and sell it, after a reasonable time (14 years with a single 14 year extension) you should have made enough money off of it and had it turned over for all to you, if you can't make money off it within the 30 years you patented it, sorry and if you did, great, now make something else if you want more cash from it.

      Sorry but just cause I played a song or invented a piece of groundbreaking equipment 30 years ago, doesn't mean I should STILL be getting paid for that same piece now.

    8. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 0

      Trying to reinvent the wheel in different ways time and again in order to circumvent patents is wholly counter-productive, innovation without evolution. This exaggerated patent system leads to insurmountable entry barriers for new players, corporate consolidation of the goliaths and constant decrease in competition. Yes, some kind of system meant to encourage big investments into R&D by enabling the investor to reap the benefits is needed. However, what we have now is very far from an ideal balance.

    9. Re:Do patents encourage innovation anymore? by Sabriel · · Score: 5, Insightful

      I suspect there's a "Whoosh" floating around your post.

      GP is, I believe, referring to how the patent system fails to allow for innovations that are simultaneously developed independently, whether by complete strangers or by peers known to each other in their field.

      go back 30 years

      We can go back much further than that. Examples of concurrent independent development abound. To paraphrase an excerpt from this article: Calculus - Newton and Leibniz. Evolution - Charles Darwin and Alfred Wallace. Oxygen - Carl Wilhelm and Joseph Priestley. Colour photos - Charles Cros and Louis du Hauron. Logarithms - John Napier, Henry Briggs, Joost Burgi. Sunspots - Fabricius, Galileo, Harriott, Scheiner. Piston engine plane - the Wright brothers and Santos Dumont. And so and so on.

      It is a very strange belief that a bureaucracy enforcing the exclusive profit of singular entities within a society of billions of creative individuals will somehow ultimately encourage innovation to flourish, rather than stifle it.

      Patents dictate that the fruits of your labors are not yours to trade as you wish, if any stranger you never met and never knew "invented" those fruits "first".

      The only true benefit of patents is that they document the specifics of innovation, and this aspect does not actually require any grant of exclusivity.

    10. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 0

      http://en.wikipedia.org/wiki/Dick_Tracy#Evolution_of_the_strip + pretty obvious extrapolation. I can extrapolate into the future too and say that in the future all of our brains will be wired together (wirelessly). Patents are only good for 20 years though so it would be a bit premature if I wanted to make any money.

    11. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 0

      well to be fair if he did that 30 years ago his patents would have expired 10 years ago.

    12. Re:Do patents encourage innovation anymore? by CodeBuster · · Score: 1

      Except that reading the patents, and most especially software patents, is a complete waste of time. You won't learn anything because patents are written by lawyers, perhaps in consultation with an engineer to help obfuscate with technical buzz words, to be (a) as broad and as general as possible with vague wording so as to enable as many interpretations as possible (b) completely useless to anyone actually trying to base an implementation off of the patent documents. Finally, actually searching for and reading patents exposes you to treble damages for willful infringement if you ever are sued. Patents are a waste of software engineers' time (and probably other engineers nowadays too, but I cannot speak to that directly); nothing good can come of searching or reading them unless you are an attorney who specializes in patent litigation.

    13. Re:Do patents encourage innovation anymore? by t2t10 · · Score: 2

      Now, go back 30 years and tell us that you could have come up with a Droid or iPhone then. Not just a general idea (little handheld-device that lets you do things), but an actual, working, Droid or iPhone or equivalent. Remember, there were no Li-ion batteries, no touch displays, no GSM, no ARM processors.

      Except that Apple didn't invent any of those things. Apple didn't invent high powered batteries, or magnets, or touch screens, or multitasking, or GUIs, or outdoors LCDs, or browsers, or even phone number highlighting, or text message handling. Apple didn't even create their own software; they cobbled together Mach, GNU, and Objective-C, and then liberally copied from Smalltalk and a few other frameworks to get iOS. iOS 5's "new" features are, again, almost all copied from other platforms.

      All Apple ever did was copy other people's ideas and stick them into shiny boxes. And when they were feeling particularly evil, they'd add insult to injury by filing a patent on stuff they didn't invent. So, yeah, some patents are good, but if you go through your list, you'll find that they are mostly hardware patents. None of the patents Apple ever got "encouraged innovation".

      Oh, and incidentally, 30 years ago, people did have personal electronic organizers, made by Psion. The company turned into Symbian and Nokia. They were the innovators. Apart from the hardware limitations (e.g., hardware keyboard instead of touch screen), it is quite analogous to modern smartphones. Apple basically took those ideas, did a better job at design and marketing, and killed the people who invented most of this stuff in the first place.

    14. Re:Do patents encourage innovation anymore? by Pieroxy · · Score: 1

      All Apple ever did was copy other people's ideas and stick them into shiny boxes.

      So you're basically saying Apple's success is only due to their shiny boxes? I sincerely hope you don't believe that, or you've missed the entire picture. It looks as if you have nothing to do in an Apple-related thread. As someone said, nothing's worse than Apple fanbois. Except Apple haters.

      I'll fix it for you then:

      All Apple ever did was copy other people's ideas and stick them into usable boxes.

      Because with the iPhone, for the first time, my grandma was able to use SMS, email, Maps, etc... That's an achievement that prior to the iPhone I though could not be done. Ever.

    15. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 0

      This:

      damn near all of them patented.

      does not imply this:

      So yes, undeniably patents encourage innovation.

      The fact that you automatically assume that it does shows your thinking is pretty shallow.

      Please, if you're going to promote costly policy such as patents, try to think more deeply about the subject.

    16. Re:Do patents encourage innovation anymore? by Theaetetus · · Score: 2

      I suspect there's a "Whoosh" floating around your post.

      GP is, I believe, referring to how the patent system fails to allow for innovations that are simultaneously developed independently, whether by complete strangers or by peers known to each other in their field.

      go back 30 years

      We can go back much further than that. Examples of concurrent independent development abound. To paraphrase an excerpt from this article: Calculus - Newton and Leibniz. Evolution - Charles Darwin and Alfred Wallace. Oxygen - Carl Wilhelm and Joseph Priestley. Colour photos - Charles Cros and Louis du Hauron. Logarithms - John Napier, Henry Briggs, Joost Burgi. Sunspots - Fabricius, Galileo, Harriott, Scheiner. Piston engine plane - the Wright brothers and Santos Dumont. And so and so on.

      It is a very strange belief that a bureaucracy enforcing the exclusive profit of singular entities within a society of billions of creative individuals will somehow ultimately encourage innovation to flourish, rather than stifle it.

      Patents dictate that the fruits of your labors are not yours to trade as you wish, if any stranger you never met and never knew "invented" those fruits "first".

      Sure, but that concept has always existed in property law, going back to Pierson v. Post. The first to possess something has ownership of it, regardless of the fact that the second person "worked really hard".

      I think you misunderstand the point of the patent system. It's not a reward for hard work. It's a monopoly right, grudgingly paid for a limited time in exchange for public disclosure. As a result, "the fruits of your labors" are irrelevant - the important point is whether you disclosed those labors.
      Take one of your examples, Charles Cros. He also invented a primitive phonograph, and kept the idea secret for 8 months. How does that help society? In the meantime, Edison built one and filed a patent on it, disclosing the idea publicly.

      The only true benefit of patents is that they document the specifics of innovation, and this aspect does not actually require any grant of exclusivity.

      The true benefit of patents is that they encourage - or rather, require - that documentation of the specifics of the idea. The grant of exclusivity is because otherwise, many inventors would keep their ideas secret.

    17. Re:Do patents encourage innovation anymore? by bws111 · · Score: 1

      I didn't say Apple invented anything. Who invented the stuff is immaterial. The topic of the thread was 'do patents encourage innovation', not 'look what Apple has invented'.

      The OP was putting forth the ridiculous premise that just because he could build his own cell phone, it was somehow proof that there is nothing innovative in cell phones, therefore patents are useless. He (and a lot of other people on this thread) conveniently ignore the thousands and thousands of innovations (mostly patented) that occurred in the decades between the invention of the Leyden jar, Bakelite, the radio, the digital computer, and the transistor, and now, and act as if those things would have happened anyway, in the same timeframe, even if there was no commercial incentive in the form of patents.

    18. Re:Do patents encourage innovation anymore? by Kjella · · Score: 1

      To get from where we were 30 years ago to where we are now took thousands and thousands of innovations, damn near all of them patented. So yes, undeniably patents encourage innovation.

      Where exactly is this "undeniable" causality? Wouldn't anybody be interested in selling me a better phone without patents? How many innovations were blocked by patents? If I invent something I probably would take out a patent, because the system makes those very valuable both to defend with, cross-license and sell. But it is much like paying protection money to the Mafia, it doesn't mean a corrupt system is good only that you make the best of it.

      There's no causality between "Most businesses pay protection money" and "Businesses that pay protection money do better than those who don't" that lead to "A system of protection money encourages commerce". To make it perfectly clear: "Most businesses [patents innovations]" and "Businesses that [patent innovations] do better than those who don't" doesn't lead to "A system of [patenting innovations] encourages commerce"

      --
      Live today, because you never know what tomorrow brings
    19. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 0

      I think you misunderstand the point of the patent system.

      I think he does, considering he mentioned at the end that all the patent system is good for is the documentation of the ideas, which you yourself simply echoed in response.

      His following statement is that he does not believe we're stuck in a false dichotomy where you either granting exclusivity or having ideas kept secret

      I might even argue that the current patent system is starting to fail at encouraging disclosure. See, to disclose an idea, an idea had to be be created first, which requires innovation, and the GP (and others) are questioning whether the current patent system is good for innovation.

      I'm not saying we'll suddenly see no new ideas generated any time soon (that's the FUD scenario those who defend the current system would want you to believe if we abandon patents/copyright), I'm just saying it's slowing us down.

      This AC for one believe that good ideas won't remain secret on their own, and doesn't require exclusivity to get it out from people. There is such a thing as reverse engineering (and they'll crack whatever physical protection you have too)

      You might put in a million laws against it, but laws are man made, not divine decree - it only takes one with the will to ignore the law. The saying goes: where there's a will, there's a way. And I believe the collective will of society wanting to see new ideas put into use beats any individual creator's will to keep their idea secret

      The only way for one to truly keep an idea secret is to never ever use it (not even disclose, but never use it so nobody even knows it exists), but that wouldn't generate any value to even the owner/creator.

      Furthermore, good ideas tend to solve problems that many people face. When many people face the same problem, then many people would be working on the same problem, and so even if one person kept their solution secret, eventually somebody else will come up with a similar if not identical solution

    20. Re:Do patents encourage innovation anymore? by bws111 · · Score: 1

      Do you have any idea how much stuff is required to make a cell phone? Those little tiny chips don't just magically appear you know. It took years and many billions of dollars to develop them and the processes and tools to make them. Same for the batteries. Same for the displays. Who is going to make that kind of investment if there is no way for them to earn any of that money back because any 'competitor' can say 'I see what you did, and I can copy it and sell my product for 10% of the cost of yours, because I don't have to pay for any development (including all the failed attempts that occurred before you got it to work)'? If you cant see causation between patent protection and the incredible pace of development we currently have you have your head really far up your ass.

    21. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 0

      Patents can encourage innovation, the main problem is the pace of innovation has started to radically outstrip reasonable patent length. The pace of research is dramatically faster than it was back when 25 year patents were designed, to the point where the worst examples of patents can stifle innovation and research. However, if patents were 10 year monopolies instead of 25 (reflecting innovation being 2.5 times as fast as it was when 25 year patents made sense), there would be some incentive for research while the problems would be mitigated. I think in a patent free society, drug research becomes impossible, the cost is prohibitive and generics can easily copy you. Despite the problems of expensive medications, I wouldn't want to live in a society that just gave up and stopped researching pharmaceuticals because there was no financial basis for doing so.

      I think the ideal solution would be to have a patenting process where you have a patent tribunal consisting of judges with qualifications for the area in which they are being heard, executing a challenge of the patent before it becomes legal. This would increase the cost of filing patents, but would ensure the ones that do succeed have already passed challenges on prior art, and novel innovation and that the standards were upheld. It would have some disadvantages for start-up's, but it's probably cheaper than trying to read and understand the 40,000 relevant patents in your industry, even at minimum wage. Also, having a successful patent would mean a lot more to investors in such a system, rather than being something you mention once, and then largely ignore.

    22. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 0

      Because with the iPhone, for the first time, my grandma was able to use SMS, email, Maps, etc... That's an achievement that prior to the iPhone I though could not be done. Ever.

      The iPhone wasn't significantly more usable than some of the Palm or Symbian phones. SMS, E-mail, phone, calendar were all invoked by just one button each, and you could basically just start typing to send something. The reason your grandma never got to try those was because they weren't marketed at her.

      And the iPhone was (and still is) downright shitty in terms of usability compared to the Danger devices; unlike iPhone, they really just worked when you turned them on. Heck, even Paris Hilton managed to use one.

      So you're basically saying Apple's success is only due to their shiny boxes?

      No, they also do a decent job at engineering and an incredibly great job at marketing to consumers.

    23. Re:Do patents encourage innovation anymore? by bws111 · · Score: 1

      Nowhere in his post does he say (or even hint) that he is talking about simultaneous discovery or invention. "If I made" is ambiguous - does it mean "if I had made" (past), or "if I were to make" (future)?

      Furthermore, how many of the claims in question in any of the various suits claim to be the result of 'simultaneous discovery'? I don't think any of them.

      Yes, there are billions of individuals. At least a few billion of them live in societies that don't have strong IP laws. According to the theory you and others seem to be espousing, they should be innovating at an even greater rate than the stone age IP societies are. They should have moved past the ancient cell phone technology onto something far more innovative by now. Yet, for some reason, I don't see that happening. I wonder why?

    24. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 0

      I think in a patent free society, drug research becomes impossible,

      I think that would only happen if (continue to) see drug research as a purely business activity.

      I like to believe (and it ain't easy to believe that sometimes) that humanity, as individuals and as a whole, cares more than just the so called bottom line.

      Patents and IP is not the newest thing, but it isn't that old either. Humanity has lived and invented and researched for a long time before the idea of patents came to be and were enforced.

      Some may argue patents help speed things up (as our modern world is advancing much more quickly than the past), but I would remind them that correlation does not imply causation. I could say that things have sped up thanks to the advancement and propagation technology, or the general rise in education levels of the population, or maybe humans have evolved to be smarter, etc

      Personally, I think a better solution is raise the fees copyright/patent protection, perhaps make it a on-going fee for as long as you want your patent protected: the longer and more protection you want, the more you have to pay.

      Yes, in a way it's "protection money", but hey - we have to continuously pay (in taxes) to police to cover physical protection (and those who want more protection can pay more for private security solutions), so I think it's reasonable that those who wish their patents protected to pay (and I don't just mean hiring more lawyers... the fees the hire lawyers is a bargain compared to what they're able to negotiate, the costs to protect your patent should be higher so that you need to focus more on generating NEW patents instead of fighting to hold on to the profitability of your old patents... IMNSHO)

    25. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 0

      But if you did... then OP would be correct. And not everyone has the capital to buy up 90% of their invention, especially when they can do it on their own on the cheap. So patents are stifling.

    26. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 1

      I didn't say Apple invented anything. Who invented the stuff is immaterial

      It is quite relevant in this context, because Google is acquiring these patents in order to fight of Apple's patent threats. So, the question is whether the kind of cell-phone patents Apple has, the kind that force Google to acquire these patents, contribute to innovation.

      So, there are some patents that may have encouraged innovation. The hardware patents you list are potential examples of those: batteries, etc. Although for many of those, it can also be argued that they would have happened anyway and in the same time frame (e.g., the transistor, integrated circuits would almost certainly have happened without patents around the same time). Whatever the arguments regarding these patents are, they are paid for when you buy components to build a cell phone. And that's just what Apple is doing: they are buying all these components and putting them together into shiny boxes, just like you would if you put together these components at home. That's why the argument "I can put these together myself" is relevant.

      The question is then: does Apple contribute any technological innovation on top of that, and were they inspired to create that technological innovation by the existence of patents? And the answer to both of those questions is pretty clearly "no".

      So, again, for some patents (mostly hardware patents), the jury is out whether they inspire innovation. For many patents, it is clear that they hinder innovation. That's why we should prune back what is patentable to those areas where it is clearly demonstrable that patents actually accomplish their goal.

    27. Re:Do patents encourage innovation anymore? by Anonymous Coward · · Score: 0

      From my post above: correlation does not imply causation.

      The other societies may be behind (and the first world ahead) due to lack of technology, innovation, political climate, culture, etc. The reason doesn't have to be "because we have patents (and they don't)"

      Yes, there are indeed a few billion people in societies with weaker IP laws, and they're already copying your/our stuff every day, for a long time, before you or the notion of "IP" was even born. For all your and others theory on how our ideas would be stolen and we'd be run out of business if there's no patents, our society should have died off long ago, but we haven't. I wonder why?

    28. Re:Do patents encourage innovation anymore? by Sabriel · · Score: 1

      The first to possess something has ownership of it, regardless of the fact that the second person "worked really hard".

      The trouble with applying property law concepts to ideas is that while any given physical object cannot be shared simultaneously amongst many, and through use will wear out, ideas have no such restriction. Countless people can simultaneously possess and act upon a singular idea, and that idea does not thereby fade.

      It's not a reward for hard work. It's a monopoly right, grudgingly paid for a limited time in exchange for public disclosure. As a result, "the fruits of your labors" are irrelevant - the important point is whether you disclosed those labors.

      I do understand that the patent system is not a reward for hard work. Indeed, if one is not "first", such hard work is actually punished. Yes, "we" may benefit, but the patent system is still an overhead, with all that entails in any economic system.

      As for the "fruits of your labors", I apologise if I was unclear. To clarify: if you and I arrive at the same idea, is it a good and just act by you to pay another man to threaten me if I try to sell the fruits of that idea? Is it the act of a good and just society to legalise your ability to do so?

      The true benefit of patents is that they encourage - or rather, require - that documentation of the specifics of the idea. The grant of exclusivity is because otherwise, many inventors would keep their ideas secret.

      So patents are basically an appeal to - and encouragement of - selfish greed? I for one do not want society built on that principle.

      As I said, it's not necessary to grant exclusivity. You appear to agree that the documentation is the key benefit of patents to society. Therefore, instead, require a patent be filed before commercial manufacture with intent to distribute by any party can occur, with no grant of exclusivity, with the filing made public upon the first retail sale of goods.

    29. Re:Do patents encourage innovation anymore? by Sabriel · · Score: 1

      In part? Because not all societies started on an equal footing, and it has been to the (believed) advantage of certain societies to keep it that way.

    30. Re:Do patents encourage innovation anymore? by Theaetetus · · Score: 1

      The first to possess something has ownership of it, regardless of the fact that the second person "worked really hard".

      The trouble with applying property law concepts to ideas is that while any given physical object cannot be shared simultaneously amongst many, and through use will wear out, ideas have no such restriction. Countless people can simultaneously possess and act upon a singular idea, and that idea does not thereby fade.

      But the commercial value in an idea is in its exclusivity, and, by definition, that cannot be shared simultaneously amongst many, and will be destroyed if it is. And this is analogous to property - my lawn isn't destroyed if you're on it against my will, but my exclusive possession of it is destroyed.

      As for the "fruits of your labors", I apologise if I was unclear. To clarify: if you and I arrive at the same idea, is it a good and just act by you to pay another man to threaten me if I try to sell the fruits of that idea? Is it the act of a good and just society to legalise your ability to do so?

      Well, except it's not just "if you and I arrive at the same idea," but rather, "you and I arrive at the same idea, and I go through additional steps of publicly disclosing the idea, publicly registering my first possession of it, etc." And then yes, if you haven't actually gone through any steps to disclose your idea to the public, why should the public protect your ownership of it? It is the act of a good and just society to encourage public disclosure.

      So patents are basically an appeal to - and encouragement of - selfish greed? I for one do not want society built on that principle.

      Then you'll have to go back almost 600 years to before the first patent and limited monopoly was granted, grudgingly, to Brunelleschi in exchange for him teaching the other merchants of Florence how he was able to unload his vessels so quickly: he refused to do so unless his selfish greed was rewarded with that monopoly. And y'know, I think society has done pretty well over the past 600 years.

      As I said, it's not necessary to grant exclusivity. You appear to agree that the documentation is the key benefit of patents to society. Therefore, instead, require a patent be filed before commercial manufacture with intent to distribute by any party can occur, with no grant of exclusivity, with the filing made public upon the first retail sale of goods.

      Not sure I understand your idea - can you rephrase? I think you're saying that a patent should need to be filed for every item that's manufactured, and the manufacturer gets no exclusivity out of that effort. That seems horribly wasteful and expensive, so it's probably not what you meant.

    31. Re:Do patents encourage innovation anymore? by Sabriel · · Score: 1

      (sorry for the verbosity)

      But the commercial value in an idea is in its exclusivity, and, by definition, that cannot be shared simultaneously amongst many, and will be destroyed if it is. And this is analogous to property - my lawn isn't destroyed if you're on it against my will, but my exclusive possession of it is destroyed.

      The difference (as I see it) is that the lawn is naturally exclusive, while ideas are only as exclusive as one can artificially enforce.

      Well, except it's not just "if you and I arrive at the same idea," but rather, "you and I arrive at the same idea, and I go through additional steps of publicly disclosing the idea, publicly registering my first possession of it, etc." And then yes, if you haven't actually gone through any steps to disclose your idea to the public, why should the public protect your ownership of it? It is the act of a good and just society to encourage public disclosure.

      Yes, it is - but if both of us went through those additional steps of publicly disclosing the idea? Should I have to suddenly pay you or close shop simply because someone notices that you and I have arrived at the same idea but you had paid the "monopoly" money to the king and I had not? Is that good and just?

      Then you'll have to go back almost 600 years to before the first patent and limited monopoly was granted, grudgingly, to Brunelleschi in exchange for him teaching the other merchants of Florence how he was able to unload his vessels so quickly: he refused to do so unless his selfish greed was rewarded with that monopoly. And y'know, I think society has done pretty well over the past 600 years.

      Notwithstanding Brunelleschi's accomplishments, I quote (random google) from the Fall 1993 issue of the Federal Reserve Bank of Boston "Regional Review", "The Italian Renaissance city-states, locked in a struggle for wealth and power, habitually gave monopolies to those who would build a needed bridge or mill, or who introduced some useful craft or industry."

      Seems to me Brunelleschi wasn't the only one feeling greedy. Also, to quote the patent itself, "That no person alive [...] shall dare or presume, within three years [...] except such ship or machine or instrument as they may have used until now for similar operations [...] any such new or newly shaped machine, etc. shall be burned". So not just derivatives of B's machine, but any innovation, at all. Chilling effect, much?

      As for how well society has done over the past 600 years, are you using the term "society" to include all of humanity, or just those of us lucky enough to live in the right parts at the right times? Sadly however I must grant that, given the ruthless nature of many of humanity's rulers for much of history, patents may well have had their place as an effective mechanism for distributing knowledge. My contention is that even if so, this is no longer the case (at least for patents in their current form).

      Not sure I understand your idea - can you rephrase? I think you're saying that a patent should need to be filed for every item that's manufactured, and the manufacturer gets no exclusivity out of that effort. That seems horribly wasteful and expensive, so it's probably not what you meant.

      The current situation is already - or is rapidly approaching - where a patent needs to be filed for every item that is manufactured lest you risk being sued by someone claiming infringement of their own patent. E.g. "patent chests" and "patent thickets", which to me themselves seem horribly wasteful and expensive. The trouble (as I see it) is that we have (at least) two "societal overheads" in a feedback loop - patents and lawyers. The latter are more essential to society, and in any case I dislike "legislating away" people, so...

      My idea is that patents be changed from negative, monopo

    32. Re:Do patents encourage innovation anymore? by Sabriel · · Score: 1

      Tough for you, because #1 it's harder to even begin to profit unless you share, and #2 if you sit on it humanity has reached sufficient economies of scale in the creativity department that someone else will figure it out soon enough (and if they can't, you deserve the extra profits).

      Bleh. That last bit in parentheses should have been tied in to the consequences for trade secrets, with a possible workaround of allowing patents to be filed privately, with mandated disclosure to the public after x years, under certain conditions. Sorry.

  17. Re:Golden Girls! by jhobbs · · Score: 0

    Uh, that's a pal and CONFIDANT. As in, someone you confide in, not someone you wanna launch into space.

  18. LOL, Apple Fucktards by Anonymous Coward · · Score: 0

    Still shitting themselves over the epic Google Motorola bombshell.

    Sounds like the dumb bitches are still crying over their starbucks...

     

  19. If I were Google CEO by voss · · Score: 2

    Id also buyout Kodak...then tell Apple they have remove cameras from their iphones :)

    1. Re:If I were Google CEO by Anonymous Coward · · Score: 0

      Seriously.

      There have been excellent roundups of the problems caused by the US patent system (Ars does this well), and excellent ideas for reform. More pertinently, there are a lot of deep-pocketed stakeholders in the status quo--I give meaningful patent reform before China reaches #1 GDP 10-to-one against.

    2. Re:If I were Google CEO by Anonymous Coward · · Score: 0

      their digital camera patents have probably expired now
      since they sent some the "moon" in the 60's and patents only last 20 years

    3. Re:If I were Google CEO by Anonymous Coward · · Score: 0

      If I were CEO, I'd buy 1023 ponies, and fuck them day and night. However, the shareholders and the employees who's money I'm wasting might not like it.

    4. Re:If I were Google CEO by Anonymous Coward · · Score: 0

      That's why you're not CEO...

  20. Another blow to innovation by Anonymous Coward · · Score: 0

    It's a sad indictment that innovation has come to this.

    1. Re:Another blow to innovation by siddesu · · Score: 2

      But this is exactly what economic theory predicts. Intervene in the market with good intentions -- e.g. create monopoly profits for innovators -- and watch your "new" rules being exploited by rent-seekers, who then use the monopolistic profits to lobby for furthering the rules, further hampering the economy. The theory is very clear and explicit about it -- and has always been ignored in favor of patents.

      The other prediction of the theory is that since the profit/loss is unevenly distributed (many people have a small loss, but few people reap enormous benefits), even in a democracy you're unlikely to see a change in the rules unless the loss becomes large enough that is painful to most individuals so that they take action. So, the crazy patent rules will be with us for a long time.

    2. Re:Another blow to innovation by Optic7 · · Score: 1

      You have good points, but think about the other side of the coin. Without patents, innovation would slow down very significantly. So then do you want fast innovation, or do you want a completely unfettered market?

    3. Re:Another blow to innovation by siddesu · · Score: 1

      You make it sound that a competitive market will not innovate, but for that [citation] is sorely [needed].

      I can show you clearly the causal link between monopolistic rents from patents and other related rights and the coordinated effort of the big players to shift those to their advantage. IFPI, WIPO and other lawyers' organizations exist, lobby aggressively and get all kinds of arbitrary laws that protect their profits in harm to the society at large. The harm is there, is obvious and is often discussed in the media. Can you show a similarly clear link between patent monopolistic rents and innovation speed? And if you compare the magnitude of the two, which is larger?

      Can you show that without patents, innovation would slow down very significantly? I think not. Take Apple for example -- they were innovative, came up with several very successful products in a very competitive market, and stayed on top for nearly a decade before the competition caught up with them. During that time, they did not really the threat of patents -- the advantage in know-how, marketing and product quality was enough. Now, when they seem relatively out of steam, and the competition is catching up, instead of innovating further, they fall back to a concerted, international legal campaign against it. It looks to me that the "IP" does not exactly work to promote innovation in this specific instance. The situation is the same in many other "knowledge economy" fields. Consider the rise of the web. It was relatively open from the start, competition was fierce. Is the pace of innovation any slower? Did relative dearth of patents prevent people from cashing in on the web? Why are people still innovating in this area, so contrary to your argument?

      Your argument can be re-stated like this: in a world without patents, will people stop chasing business profits? Will product differentiation by quality and design stop working? What is a better incentive to innovate -- a constant pressure to be better in design and quality than your competitors, or several years of guaranteed rents? The answers are quite obvious, and not kind to your argument.

    4. Re:Another blow to innovation by Optic7 · · Score: 1

      Good points, but my argument is really stated like this: in a world without patents, will businesses still invest as much money researching and developing new technologies if those new technologies can be freely copied the minute they put them on the market?

      And unfortunately we don't have many recent examples of a patent-less modern economy. I guess the best example that could possibly be drawn would be China because I understand that their IP protections are not as strong as in the West. My understanding is that it's pretty much a free for all there where whenever someone creates a product that is popular everyone else comes out with a copy.

      Didn't Apple wield the IP stick very early on, when Windows first came out? It was "look and feel" then, and it's patents now.

    5. Re:Another blow to innovation by siddesu · · Score: 1

      in a world without patents, will businesses still invest as much money researching and developing new technologies if those new technologies can be freely copied the minute they put them on the market?

      I understand the logic behind your argument, however I am asking about some facts that would prove your point. I gave you an example that shows your theory wrong - the Web. The most dynamic, most innovative business area of the past 20 years. Almost without patents, and routing around them when possible. What's your set of facts that counters this?

      Didn't Apple wield the IP stick very early on, when Windows first came out?

      And what did put Apple further ahead in terms of business results? The innovation, good marketing and strong competitiveness they showed in the past 5 years, or the epic legal battles of the early 90s that they lost?

    6. Re:Another blow to innovation by Optic7 · · Score: 1

      Ah, yes, I forgot to address your web point. It doesn't prove my point wrong because it's a apples and oranges comparison. Perhaps I should have been more clear that I'm defending patents for physical inventions. I'm against software patents.

      Anyway, getting back to websites, developing a website is not comparable to, for example, developing a completely new type of fancy technology like say, some kind of display, or battery, or lightweight strong material. Someone can develop an innovative website (or most other software) in their garage, while some high tech items require labs that run into the millions and millions of dollars.

      Apple is actually not a good example either way because their game is design, quality, polish, and marketing, not technological innovation.

      Unfortunately I can't prove my point in the end because I can't prove that not having patents would slow down innovation because we've never had a modern (Western) world without patents. The closest example that I could offer was China and I'm not knowledgeable enough about it to use it as concrete proof. I can only say that from the anecdotal evidence I've heard about China leads me to believe that they don't have as much innovation as the West or as strong brands because their IP protections are weak. It would be interesting to make a comparison between China, Japan, and South Korea sometime though.

    7. Re:Another blow to innovation by siddesu · · Score: 1

      developing a website is not comparable to, for example, developing a completely new type of fancy technology like say, some kind of display, or battery, or lightweight strong material.

      Why? These days most of product development happens largely in software. If you get something good enough to prototype, you can usually get a patent for that even without actually making it. I have a friend who is an automotive engineer and has a few patents. His inventions were totally made "in his garage", and his design equipment to this day is a couple of 486DX machines, which he's been using for 20 years now. Not only that, he has patented his ideas without ever building a prototype, just describing it.

      Apple is actually not a good example either way because their game is design, quality, polish, and marketing

      On the contrary, it is a very good example, because their history reinforces all points I am making -- that innovation can pay out even without enforcing patents; and that patents will be the first "weapon" of choice against competition, before innovation. Besides, even if your opinion is that Apple does little technical innovation, that is not what the society at large thinks.

      Unfortunately I can't prove my point in the end

      It is not you. As I pointed out in the first post, "IP" is impossible to get right even theoretically. No matter how you start, the presence of monopolistic rents will bring in excess profits, and these will provide the incentive and means for abuse. And since inventing is much harder work than lobbying, the likelihood is that such systems will convert from one that mainly fosters innovation into one that primarily fosters lobbying and litigation.

      The better argument you can make on theoretical grounds is that investment in knowledge in general will be less than optimal, and this should be corrected. But whether creating monopoly rents the right way to address this issue is by no means clear.

    8. Re:Another blow to innovation by Optic7 · · Score: 1

      Perhaps I'm out of date with my impressions of how new technology gets developed. I still believe that it costs a lot more money to develop physical high-tech items than to develop software, until I see good evidence to the contrary. Your friend's situation is only one case.

      I don't agree about Apple. They're a bad example for a variety of reasons. They were a minor player in the "few/no patent" days until the advent of the iPod and iPhone, when they did start to wield patents. Patents were a way to help enhance their reputation for unique design, quality, and polish.

      Here is another analogy: if at exam time in school everyone was allowed to copy the answers of the A students without any adverse consequences, wouldn't that reduce the incentive for the A students to do so well? It wouldn't completely eliminate it, but it would certainly reduce it significantly.

      Let me just mention here that I think that anti-patent folks have a very well justified argument that the patent system is being severely abused. But that is not an argument to completely eliminate patents, just to change them. For example, I think that something like 5 or 10 years protection would be more reasonable, and, obviously, stronger requirements and inspection for quality of patent applications.

      I also understand and agree with your point that wealthy companies can twist the system, but that's the nature of the world we live in nowadays, and I share your frustration with this kind of situation. The only thing we can do is to fight that manipulation through whatever means we can. But I don't believe that completely killing patents is the way to do it.

      I think that what we really need is to have complete campaign finance reform in the US to severely reduce the power of lobbyists, but unfortunately that's about as unlikely as the patent system being eliminated. So let's fight on however we can.

    9. Re:Another blow to innovation by Optic7 · · Score: 1

      So apparently I might be wrong about patents' incentive to innovation after all. Today's slashdot post on patents has a link to this article: http://www.businessinsider.com/the-us-patent-overhaul-wont-help-innovators-2011-9

      Some of the most rigorous research on U.S. patents has been conducted by Boston University's James Bessen and Michael Meurer. They have gone beyond the anecdotes that so often characterize discussions of patent reform and have studied in detail just how patents function, what incentives they create, and how the system could function better. What they found is that America's patent system only provides positive incentives for innovation in two industries: pharmaceuticals and chemicals. The value that a patent confers on its owner is outweighed by the cost of obtaining, asserting, and defending that patent for almost all American companies. Anyone innovating outside of those two industries would be better off if there were no patent system at all.

      I will have to check out that book...

    10. Re:Another blow to innovation by siddesu · · Score: 1

      Thanks, looks like an interesting read. I have seen quite a few economics research papers that firmly establish harm from the patent system, and practically none that show clear and unambiguous benefits. It will be interesting to evaluate my thinking in the context of how benefits of patents in bio and chem are justified in it.

      As to your previous post, you say that we must fight the attempts to subvert the system as best as we can. I agree, with the little caveat that while fighting them, we should always use the best tools available to analyze the sources of the problem, and keep an open mind for the best solution. It may not be obvious, traditional or even patentable.

    11. Re:Another blow to innovation by Optic7 · · Score: 1

      No problem, yes, the article was an interesting read and the book looks like it too. The thing that I wonder is if they advocate that ANY patent system is counterproductive or doomed to failure (except pharma and chemical patents), or if they feel that the system could be fixed to be beneficial. In other words, are they saying that the system is bad as it is currently set up or if patent protections are bad in general.

      The article itself posits that the problem is the fuzzy boundaries of patents other than chemical/pharmaceutical (because those have a clearly defined boundary), but it seems to leave the door open to the possibility that the system could be fixed by requiring better quality, more specific, narrow patents. However, I'm open to the possibility that the idea is hopelessly broken and will never work well for its intended purpose.

      I agree about using the best tools to analyze the problem and keeping an open mind to the solutions!

      Take care.

  21. Highway to Hell by PopeRatzo · · Score: 5, Insightful

    Those of you who still believe there is value to "Intellectual Property", can you please think about where this "Patent Race" is leading us?

    We've probably passed the point where any new product or innovation is safe from having an army of lawyers descend to destroy it.

    Now tell me how patents "encourage innovation". Tell me how patents "protect innovators".

    When the patent portfolios of a handful of the biggest corporations reaches critical mass, there won't be a single inventor or innovator who is safe or whose ideas are protected. It will stifle innovation in a much worse way than any "counterfeiting" or "piracy" ever could. There's a good chance that we've already reached that point.

    No, I don't believe there is any longer a single valid argument for "intellectual property" laws, of any kind. Not trademark, not copyright, and certainly not patents.

    --
    You are welcome on my lawn.
    1. Re:Highway to Hell by bws111 · · Score: 0

      As I said in a post above, think about what cell phone technology was 30 years ago. Now think about where it is today. Now think about the thousands and thousands of innovations it took to get from there to here. Everything from materials to magnets to batteries to software to manufacturing processes to chip design, etc. Virtually every one of those innovations was done by someone trying to make money. If you really believe we would have what we have today with intellectual property laws protecting all those developments you are seriously deluding yourself.

    2. Re:Highway to Hell by bws111 · · Score: 1

      Obviously I meant WITHOUT IP laws.

    3. Re:Highway to Hell by ascrewloose · · Score: 1

      No, I don't believe there is any longer a single valid argument for "intellectual property" laws, of any kind. Not trademark, not copyright, and certainly not patents.

      That solution is decidedly radical. Doesn't the best answer generally lie somewhere in the middle? If I find a single valid argument for intellectual property, then I have proved your solution/argument illogical.

    4. Re:Highway to Hell by PopeRatzo · · Score: 1

      As I said in a post above, think about what cell phone technology was 30 years ago. Now think about where it is today.

      I never said IP was never of value. I'm saying it is no longer of value, and is doing more harm than good.

      And regarding your example of "cell phone technology", when you look at the overall cost to benefit ratio for society, I'm not sure we're getting anywhere near our money's worth. The fact that there are fewer company-paid cell phones in employees hands is a good indication of my point. For most people, they are faddish accessories more than a valuable part of their lives. They own them because everyone owns them. They represent another way to funnel wealth from people who work and make and those that own.

      If they were such a boon to productivity, then companies would be paying for a lot more cell phones for people. One reason RIM is in trouble is because of this trend.

      --
      You are welcome on my lawn.
    5. Re:Highway to Hell by maxwell+demon · · Score: 1

      Yeah, because before patents, nobody ever invented anything. And certainly not for making money with it.

      Patents were not introduced to promote innovation. Patents were introduced to promote dissemination. People always invented, and will always invent, no matter whether there are patents or not. However, there's a tendency to keep your invention secret to keep your advantage. The idea of patents is: OK, you tell us how your invention works, and in return you get limited time protection against others using it.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    6. Re:Highway to Hell by mywhitewolf · · Score: 1

      probably, but the point is i have the most to gain in the short term by wiping out IP laws, society be damned...

    7. Re:Highway to Hell by Billly+Gates · · Score: 1

      "probably, but the point is i have the most to gain in the short term by wiping out IP laws, society be damned..."

      Devils Advocate here. Lets say you invent the next big thing and have a working model that costs your life savings and are ready to produce. Now lets also say I am the CEO of MegaCorp.

      I see your product and immediately imitate it. I have factories in China that can produce it cheaper than what you can do here in a local wharehouse with only a few workers on an assembly line. I then call all the retailers to ban your product so you can't sell it and then tell Amazon.com to raise the prices sky high on your products so you lose money and my imitation will always be cheaper. ... now explain what short term gains you will get?

      I just caused a divorce, a loss of your home, credit rating, and life and then bought a yatch based on your idea. Good job ... coming from my 4th vacation home in Jamaca.

      As the saying goes never play poker with a millionaire. There are evil people out there who want to take advantage of you and care only about their own egos by having a bigger number in their bank account. Patent reform I agree is needed. But IP laws and patents are for you and your idea. If megacorp wants your product you now have the power for me to pay you to make it. It seems Apple does not want to collect royalities and is just beintg an asshole. But generally companies and competitors give each other licensing agreements and these laws protect them from being exploited.

    8. Re:Highway to Hell by bussdriver · · Score: 1

      There are payoffs from invention besides patents; some provide a market advantage until the competition copies it; some bolster the brands image providing something REAL in the mountain of advertizing BS.

      Without patents, many things would still have happened. Companies would hold onto secrets more than they do today... A HUGE amount of actual influential inventions come from outside private industry; we foolishly undermine all of those under the misconception it all comes from business when it did not. They take credit for a great deal of work by others -- national laboratories or NASA for example do not get the recognition for most of their work upon which others profit and build whole industries. Universities and governments as well... Even now with far more privatization the government FUNDS a ton of R&D but doesn't seem to much in return anymore (before they were as corrupt as they are today.) Today it is all about public risk and private gain.

      Before patent law, a great deal was invented. Music existed before copyright.

    9. Re:Highway to Hell by mywhitewolf · · Score: 1

      You do have a valid point. however companies do this anyway "with" patent laws, and the major problem being almost any idea is patentable, so good chance after I'd invested all my time and effort it would violate a patent anyway, leaving me with nothing, except the LAW says i can't go forward trying to compete in the market, instead of just a competitor trying to make it difficult for me.

      with existing infastructure, whats stopping megacorp stealling my ideas, making a living mint in china and destroying my market advantage anyway in legals. Also, if megacorp didn't take my IP, doesn't mean my company would have been succesful anyway and i could have lost all the stuff you listed anyway without patents even coming into it... its just the risk of business.

      however you completely missed my point... In this example, I'm a consumer. in which case I'm at no risk of loosing my lively hood to IP theft, which is why i get the most benefits straight away (free star wars movies!) and civilization (/business) be damned.

    10. Re:Highway to Hell by phantomfive · · Score: 1

      Uh....trademark is good. It keeps people from selling things in your name. It let's people know who you are. Are there abuses? Yes, but your reactionary response is dumb.

      --
      "First they came for the slanderers and i said nothing."
    11. Re:Highway to Hell by vadim_t · · Score: 1

      I see your product and immediately imitate it. I have factories in China that can produce it cheaper than what you can do here in a local wharehouse with only a few workers on an assembly line.

      Even with patents, you already won.

      A small business owner has very few patents. Maybe one. Maybe 3 or 4. You on the other hand have an army of lawyers on hand. You can pay them to find a loophole in those patents you have and exploit them. Or you can check which of your 500 patents is broad enough to apply to anything the small business is doing and sue them for infringement. Patent lawsuits are expensive. You can simply drown them in litigation, and if you manage to convince the judge to get an injunction, they're toast.

      I then call all the retailers to ban your product so you can't sell it and then tell Amazon.com to raise the prices sky high on your products so you lose money and my imitation will always be cheaper. ... now explain what short term gains you will get?

      I don't get it, what does this have to do with the lack of patents, trademarks or copyright? Why would a retailer listen to your opinion of what should be sold, or Amazon raise prices on something just because you tell them? Without those things they can set up their own production.

      It baffles me how in this day and age people still cling to the idea of getting rich as a lone inventor. If those still exist they're very, very few. Most of this stuff is owned by corporations, and you can see right in this article what it takes to survive: a lone patent isn't worth anything, you need to be a multinational with thousands of patents to have any chance.

    12. Re:Highway to Hell by Billly+Gates · · Score: 1

      "I don't get it, what does this have to do with the lack of patents, trademarks or copyright? Why would a retailer listen to your opinion of what should be sold, or Amazon raise prices on something just because you tell them? Without those things they can set up their own production.

      "

      Easy. As a CEO of Walmart you need assurances that products will sell. You sell your shelf space illegally at a premium where every producer pays you whether the product sells or not and they take the loss if it doesn't. That way you make money either way.

      A cool new product is here. One guy owns it and the other guy has marketing power to threaten you and he can produce it cheaper and buy all that shelf space. Who are you going to listen too? The guy with the money wins and yes you will kick the other guy out as Megacorp is such a big customer.

      Ask any of the 25 other cola brands CEOs that failed? Pepsi or Coke is there because of these practices.

      If you have a patent you can't do that. Sure you can hire an army of lawyers. But all it takes is a single judge to throw an injunction and put a stop to your operating costing you BIG bucks. More than the cost of a patent lawyer to fight. In that case it is easier to settle for a few for each new product or make the product for the other guy for a few years. Huge patent chests exists mostly in software. You can't patent a customer opening a door to your shop. The idiot courts can say patent a click to yoru website in comparison. Software parents and phone patents are kind of seperate things that are abnormal compared to everything else.

    13. Re:Highway to Hell by Anonymous Coward · · Score: 0

      It's the *length* of the patent that is absurd. Patents were originally designed to guarantee exclusivity for a period of years, five, ten, so the inventor could get a head start in the market. It seems now patents guarantee virtually permanent ownership, which is where things start to go wrong - no real need to innovate new stuff again, just rely on twenty year old stuff. Limit patent life to five years; inventors then have to use it or lose it, have to keep innovating, and the world would need fewer lawyers..

    14. Re:Highway to Hell by vadim_t · · Score: 1

      Easy. As a CEO of Walmart you need assurances that products will sell. You sell your shelf space illegally at a premium where every producer pays you whether the product sells or not and they take the loss if it doesn't. That way you make money either way.

      All that is entirely independent of what product ends up on the shelf, so I don't see what that has to do with anything.

      A cool new product is here. One guy owns it and the other guy has marketing power to threaten you and he can produce it cheaper and buy all that shelf space. Who are you going to listen too? The guy with the money wins and yes you will kick the other guy out as Megacorp is such a big customer.

      None of that has anything to do with either copyright, trademarks or patents. Having copyright or patents on something in no way requires anybody to sell your product. If Walmart is willing to accept money not to sell your product, then your product being patented doesn't make any difference.

      Also, in a situation with patents this is trivially easy: MegaCorp first gets Walmart to stop selling your stuff, maybe buys that shelf space and puts any random junk on it, waits until you go out of business, buys your patents for cheap when you go bankrupt, and then puts your product on the shelf.

      Ask any of the 25 other cola brands CEOs that failed? Pepsi or Coke is there because of these practices.

      So how exactly did patents or whatever help those 25? They failed anyway.

    15. Re:Highway to Hell by JasterBobaMereel · · Score: 1

      Try the Fashion industry - Makes large profits, seems to be doing very well, lives on new ideas .... and has no Copyright only Trademarks and all the basic Patents expired years ago...!

      --
      Puteulanus fenestra mortis
    16. Re:Highway to Hell by SecurityTheatre · · Score: 1

      If all of these inventions that are considered both "ubiquitous" and "commodity" are still patented, this is a sign that these patents have too long a term.

      In the mid 1700s, a patent term of 20+ years may have been reasonable. Perhaps today a more reasonable term is around 5 years?

      Wouldn't that drastically cut down on many of these issues and still allow inventors to profit from inventions for a period of time?

      I think it would!

    17. Re:Highway to Hell by SecurityTheatre · · Score: 1

      And this is opposed to a megacorp suing you for infringing on one of their 42,000 patents, shutting down your business, taking your home and then buying a yacht based on profits from their competing device.

      Problem is certainly not solved by keeping the system as-is.

      Perhaps a much shorter term is appropriate for most patents, or extra protection for someone who wishes to actually produce the product, but a shorter term for those who don't, I dunno.

      There are lots of proposals, but the current system is ALMOST as bad as having none at all, and may actually be WORSE than having no patents at all, in terms of promoting innovation today.

    18. Re:Highway to Hell by trout007 · · Score: 1

      Passing off products claiming they are made by one company when they are not is covered by fraud laws.

      --
      I love Jesus, except for his foreign policy.
    19. Re:Highway to Hell by Anonymous Coward · · Score: 0

      RIM is in trouble because Android and iOS are eating their breakfast, lunch, and dinner. There are way more smartphones in use in the world now than a few years ago, there just not from RIM. They still have a small advantage for a certain subset of corporate workers, but once that small advantage is gone so is RIM.

    20. Re:Highway to Hell by shentino · · Score: 1

      And if the copyright lobby is any example, once that critical mass is reached you can bet that patent lifetimes are going to be expanded in the same way.

      Microsoft, Apple, Oracle, and heaven forbid Google will become the new Disneys.

    21. Re:Highway to Hell by shentino · · Score: 1

      If the patent cartel goes the way the copyright cartel already has, those protections won't be so limited.

    22. Re:Highway to Hell by drinkypoo · · Score: 1

      And trademark law provides opportunity to determine what is and is not fraud when talking about trademarks. Glad we could clear that up here today.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    23. Re:Highway to Hell by bws111 · · Score: 1

      I didn't say they are STILL patented, I said they were patented when they were developed. If you remove ANY of those links in the chain (let's say starting with the invention of the transistor), you don't wind up at 'cell phone'.

      I don't know what the time limit of patents should be. However, 5 years is certainly way too short. If you invent something like a new, small, powerful battery, or a new display screen technology, or a new processor, or a new chip manufacturing process, it could take 5 years before there are any devices capable of using those inventions.

    24. Re:Highway to Hell by Anonymous Coward · · Score: 0

      I don't believe there is any longer a single valid argument for "intellectual property" laws, of any kind. Not trademark, not copyright, and certainly not patents.

      There certainly are valid arguments for copyright, trademark and patent laws. The problems are with effective cartels distorting the market, business models that rely on patents being applied to non-inventions and the continual term extension of copyright.

      If it's all the same with you, I'd like to put food on the table during and after the extended period of 12-16 hour days required for endevour that results in the creation something of high value. Since you are apparently opposed to such fanciful ideas as placing a value upon ones labour, what do you exchange for food?

      And please don't use the moronic, double-think term "intellectual property".

    25. Re:Highway to Hell by Optic7 · · Score: 1

      While I agree that the patent system is currently being severely abused, I don't think that Patents are inherently a bad thing.

      Here's how they foster innovation: if company A has this great idea for a new technology but realizes that it will take $5 million to research and develop, there is no way that they would ever spend that money to do so unless they have a reasonable chance of getting a guarantee (i.e. a Patent) that they will have exclusive rights to sell that technology for a certain amount of time. Otherwise, as soon as they bring the product to market, some competitor will make a copy and they can't get any return on their R&D investment.

      This is what the patent system is supposed to encourage - it says to innovators: if you spend this many resources developing this new technology, you can have exclusive rights to it for a certain amount of time.

      You can argue about what amount of time (as well as various other parameters such as quality and uniqueness of patents) would enable the best balance of incentive for the creator vs. benefit for society, but there's no way you can argue that patents are inherently a bad thing regardless of the parameters.

      Pretty much the same holds true for copyrights. Trademarks are a completely different story though, because they have a major component of consumer protection that they enable.

      Your argument is basically equivalent to "guns are bad because some people use them for bad stuff, so we need to ban them!"

    26. Re:Highway to Hell by PopeRatzo · · Score: 2

      If it's all the same with you, I'd like to put food on the table during and after the extended period of 12-16 hour days required for endevour that results in the creation something of high value.

      I've made my living and supported my family for nearly 25 years entirely from my creative output, so don't play the "Oh, I work so hard so don't I deserve government protection?" bullshit with me. I converted to CC and public domain for my work starting in 2003 and it has not reduced my income. If anything, it's brought new markets to me and especially since 2009 has increased my income (even though I likr to claim I'm retired). Occasionally, I do a project that ends up being protected not because I want it but because one of the other artists involved demands it. I've been tending to stay away from such people more and more over the years, though.

      If you're a creator of such high value, then use your innovative mind to figure out how to monetize your work without participating in a system that's going to end up making it harder for all but a very tiny minority of "innovators" to make a living. A system that ultimately discourages true innovation. And from one creator to another, don't whine about how many hours you put in. It's embarrassing.

      --
      You are welcome on my lawn.
    27. Re:Highway to Hell by Anonymous Coward · · Score: 0

      I converted to CC and public domain for my work starting in 2003 and it has not reduced my income.

      Good for you. Just 6 years ago I had a team of 12 which with the fall in budgets over our industry has now been reduced to 8 people -- all multiskilled. CC may work for authors or singer/songwriters with exising fanbases and supplimentary income (speaking engagements, gigs and merchandise) but you can't apply such ancedotal evidence across the board.

      And from one creator to another, don't whine about how many hours you put in. It's embarrassing.

      No it isn't. I'm proud of the fact I work hard at what I do, I chose this life and for the most part I enjoy it. I work long hours and need/expect to be able to earn a living wage, What exactly am I supposed to be embarrased about?

    28. Re:Highway to Hell by Anonymous Coward · · Score: 0

      Simple. Microsoft or IBM or whatever have to buy out a startup with a new patented process, instead of just copying it and not paying anyone.

  22. Ahhh... by jimmyfrank · · Score: 1

    Nothing stifles technology better than a portfolio of patents.

  23. Unintellectual Property by Anonymous Coward · · Score: 0

    Unfortunately the few legitimate uses for intellectual property law have now been drowned out by the sort of scum who use and trade patents and copyrights as a commodity. Looking back, the IT industry has constantly stifled itself with IP disputes that serve only as a corporate weapon against their competition, and just about every company is guilty of it.

    It seems as the industry continues to grow, the more unscrupulous companies are about it. The growth of 'patent trolls' in the IT industry is especially worrying and worse still, the courts who treat these patents as legitimate legal claims. Not only does this go against the very spirit of intellectual property, it should be downright illegal.

    That's the catch though, the legal system has given these practices validity and in the process invalidated the very purpose of intellectual property law.

  24. well said by dhammabum · · Score: 1

    Reminded me of IBM's siding with Oracle against Apache on the Java licensing dispute and backing OpenJDK. Then publicly lauding Oracle for putting Open Office under an Apache licence despite the disruption this would cause to the Document Foundation and Libre Office.

    --
    I am not a robot. I am a unicorn.
    1. Re:well said by thejynxed · · Score: 2

      That's because it would then allow IBM to incorporate any improvements more quickly into Lotus (competitor to both OO and LO) while at the same time slowing down improvements to LO (because they would have to delay even longer to review, improve, and approve any of the new stuff) and simultaneously giving them (IBM) and Oracle a way to muscle things where the Document Foundation is concerned.

      That entire situation was "I scratch your back, you scratch mine."

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
  25. Re:Sweet by Anonymous Coward · · Score: 1

    Windows Phone 7 is for the mentally disabled.

    Haven't they suffered enough?

  26. The Patent Wars have gone nuclear by spacecoyotefarva · · Score: 1

    Looks like they're going for a Mutually Assured Destruction policy to me.

  27. If these patents were worth anything meaningful... by Anonymous Coward · · Score: 0

    If these patents were worth anything meaningful why would IBM sell them?
    If these patents were worth anything meaningful why wouldn't IBM leverage them against Apple?
    If these patents were worth anything meaningful why wouldn't IBM pit Apple against Google in a bidding war?

  28. Nuclear Warheads by guttentag · · Score: 1

    Does the patent war strike anyone else as being very similar to the nuclear arms race between the U.S. and the U.S.S.R.?

    "Look at us! Metaphorically-speaking, that is, because we don't want you looking too closely! We have lots of non-specific weapons we will never use because they would do as much damage to us as they would to you! We can't tell you exactly which of your assets they threaten, but just know that we have more of whatever we have than you have of whatever you have! So don't even think about using your... Whatever it is that you have!"

    We either need someone to adapt Dr. Strangelove to this scenario (think "How I Learned To Stop Worrying and Love The Patent Office"), or perhaps we can persuade RMS to broker the first in a series of muti-generational patent-reduction treaties that will progressively reduce the number of times over the industry could potentially destroy itself from 18 million down to something more reasonable, like three.

    1. Re:Nuclear Warheads by Anonymous Coward · · Score: 0

      Mutually assured destruction vs. not having your latest shiny toy.

      Nope, can't say I see the similarities..

    2. Re:Nuclear Warheads by JasterBobaMereel · · Score: 1

      Except all the other little countries cannot get anything done because the giants would crush them, and the giants can't be bothered to get anything new done because there is no incentive

      At Least the Cold War fostered a technology race between them ....

      --
      Puteulanus fenestra mortis
  29. As Captain Nero says ... by Anonymous Coward · · Score: 0

    As Captain Nero (played by Eric Bana) says in Star Trek 2009, "give them everything".

  30. oxford...comma...lover? by Anonymous Coward · · Score: 0

    Those are some suspiciously common words...

  31. 1023 by mwvdlee · · Score: 1

    1023 patents, 17000 patents... with numbers like these, how many of those could possibly be inventions actually worthy of patent protection?
    Any company that can publish more than, say, 1 patent per month, hasn't put in the effort or investment that patents are supposed to protect.

    --
    Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    1. Re:1023 by bws111 · · Score: 1

      WTF? Yes, clearly a company with 400,000 employees should be unable to generate more than 1 patent per month.

    2. Re:1023 by mwvdlee · · Score: 1

      How many of those 400,000 are hired to invent things?
      (as opposed to "patent any idea somebody comes up with that isn't already patented")

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
  32. Does it Include the Jet Powered Surfboard Patent? by CodeBuster · · Score: 1

    Wasn't IBM the owner of the Jet Powered Surfboard Patent? I wonder if that was included in the deal...

  33. Re:Sweet by Hognoxious · · Score: 1

    If you were mentally disabled, would you know you're mentally disabled? If not, why would it bother you?

    Some of them look a lot happier than me, that's for sure.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  34. Do no evil by phonewebcam · · Score: 1

    Is fighting evil done to you first, using the same evil as a weapon back, itself evil?

  35. something to say by ckshop · · Score: 1

    When the patent portfolios of a handful of the biggest corporations reaches critical mass, there won't be a single inventor or innovator who is safe or whose ideas are protected. It will stifle innovation in a much worse way than any "counterfeiting" or "piracy" ever could. There's a good chance that we've already reached that point. No, I don't believe there is any longer a single valid argument for "intellectual property" laws, of any kind. Not trademark, not copyright, and certainly not patents.http://www.airmaxflagship.com/

  36. Seriously? by Anonymous Coward · · Score: 0

    Are they spending tens of billions of dollars on an OS they then give away?

  37. Re:Sweet by AlecC · · Score: 2

    See the happy moron,
    He doesn't give a damn.
    I wish I were a moron.
    My God! Perhaps I am.

    --
    Consciousness is an illusion caused by an excess of self consciousness.
  38. Re:Sweet by Anonymous Coward · · Score: 0

    It really depends case to case, but with most of the reasonably high functioning(Unable to cook and so forth for themselves still, and mentally somewhere around the preteens) mentally disabled folk I've worked with over the years it seems to be the case that while they can be happy with their lot in life, it is frequently brought home to them that they are not "normal" and are often frustrated at their difficulties in accomplishing the same tasks you or I set about daily.

  39. Good! by Anonymous Coward · · Score: 0

    I hope they'll sue Apple into oblivion. Apple makes some nice products, but they are evil and rotten to the core.

  40. 1023!? by Mindflux0 · · Score: 1

    Come on, why not 1024? Seriously!

  41. Been there, seen that, won that by Anonymous Coward · · Score: 0

    The classic enlargment scam.

  42. Re:Golden Girls! by morgauxo · · Score: 0

    In the United States cosmonaut launches YOU into space

  43. It's got few round numbers by Anonymous Coward · · Score: 0

    It mostly has pointy ones.

    1023 base 10 = 1111111111 base 2

  44. Nearly worthless patents. by FriendlyPrimate · · Score: 1

    It seems like Google is getting the short end of the stick here. The patents involved (listed here: http://assignments.uspto.gov/assignments/q?db=pat&reel=026894&frame=0001) all appear to expire within the next 5 years or so. It looks like IBM is just dumping soon-to-be-worthless patents.

  45. Re:Golden Girls! by Samantha+Wright · · Score: 0

    It's a double troll. They waste your time once when you read it, and again when you try to offer corrections. A significant portion of Slashdot and 4chan copypasta is typo-ridden for no other reason but to infuriate the more pedantic.

    ...but I know your pain. If you hadn't posted, I probably would've!

    Google, can you please acquire a business method patent for forum trolling and then sue the world clean?

    --
    Bio questions? Ask me to start a Q&A journal. Computer analogies available for most topics!
  46. Trademark is absolutely necessary by Quila · · Score: 1

    We couldn't conduct honest business without it. Remember, trademark is about consumer protection, but it also protects a business.

    You could spend years building up a product that the consumers love (say ice cream), obtaining a reputation for quality, and someone could come out with a cheap crap copy and sell it under your name. Now the reputation of your product is ruined, many consumers were screwed because they expected quality and got junk, you can't sell any more product because nobody will touch it, equating it with crap. He can't sell any either, but he doesn't care. He made a quick buck off of your name and can go onto the next.

    Without trademark, this fraud is perfectly legal.

    Whether patent or copyright should exist was already debated between Jefferson and Madison before the Constitution. And their concept of both was far less than what it is today.

  47. It all make me soooooo sad and hopeless.... by bt00x · · Score: 1

    I once heard from Richard Stallman's mouth on a conference - "I could have made money this way, and perhaps amused myself writing code. But I knew that at the end of my career, I would look back on years of building walls to divide people, and feel I had spent my life making the world a worse place." - and that was a life changing moment for me. Reading this kind of news makes me sad, I suffer for the souls of those who never had the opportunity to realize they are just loosing the chance to make the world fair and good.

  48. making up for lost time? by Anonymous Coward · · Score: 0

    It looks like Google has been making up for lost time in patent acquisition, especially after its failed Nortel patent bid. While the new IP assets may ultimately serve Google well, nevertheless it's too bad that the company has to engage in an all-out patent war, simply in order for the company and its prized product to survive.