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Google Says Some Apple Inventions Are So Great They Should Be Shared

An anonymous reader writes "In attempting to fend off Apple's suit against Motorola Mobility and advancing its own patent litigation against Apple, Google, which is facing a lot of regulatory scrutiny in the U.S. and abroad over what some allege is abuse of standard essential patents, has been arguing that proprietary non-standardized technologies that become ubiquitous due to their popularity with consumers should be considered de facto standards."

50 of 347 comments (clear)

  1. Google's desires by michaelmalak · · Score: 3, Insightful

    Google wishes to embrace and exploit.

    1. Re:Google's desires by jedidiah · · Score: 5, Insightful

      That's kind of why there is a patent system.

      Patents aren't supposed to be a virtual land grab. They're supposed to be a means for companies to disclose useful trade secrets.

      All human progress is based on "embrace and exploit". This includes just the fact that you even exist as well as your cushy lifestyle. It also includes this forum.

      All of that is dependent on centuries of what modern corporate shills would call "theft".

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    2. Re:Google's desires by swalve · · Score: 3, Informative

      Patents aren't supposed to be a virtual land grab.

      No, that's exactly what they are. You get property rights to an idea for a limited time, in exchange for disclosing the idea. Others can embrace and extend when the patent expires.

      All human progress is based on "embrace and exploit". This includes just the fact that you even exist as well as your cushy lifestyle. It also includes this forum.

      All of that is dependent on centuries of what modern corporate shills would call "theft".

      The problem is that things happen at faster speeds now. Farmer Joe couldn't work more than an acre or two with his fancy new plow invention no matter what, so what does he care if someone copies it? The law didn't recognize intellectual property as something that it is possible to steal ONLY because there was no need for it at the time. That doesn't mean that it isn't relevant or necessary now.

    3. Re:Google's desires by am+2k · · Score: 5, Insightful

      You can't patent an idea.

      Now you have to explain how software patents without full source code included are different from an idea.

  2. Bad Idea by CajunArson · · Score: 5, Insightful

    That strategy might work in the media to get people angry at Apple, but it's a bad idea in a court. You are basically admitting that Apple is right, but then saying it doesn't matter because it "oughta be" a standard. At that point the judge will say: thanks for admitting Apple is right to save me the bother of the trial. Not a smart move.

          Considering what Apple's patents tend to be about (swip to unlock anyone?) they may be annoying but they aren't what I would call "standards" in the way that 802.11 is a standard.

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    1. Re:Bad Idea by Anonymous Coward · · Score: 3, Informative

      What makes you think it's exclusively about swipe to unlock?

      Apple have claimed ownership of, amongst other things, the concept of a rectangular portable touch screen. Microsoft meanwhile extract patent royalties from FAT, a filesystem so atrocious the only reason anyone uses it at all is because it's very old and therefore ubiquitous.

    2. Re:Bad Idea by gbjbaanb · · Score: 4, Insightful

      true... swipe to unlock is nothing like, say, GSM radio communications.

      that's why the GSM patent is licensed at 1p per device and swipe to unlock licensed at $1m (if not an entire country's worth of imports of that device).

      The reason we have so many shite patents is because of the financial shakedown they attract. Making them 'de facto' and thus next-to-worthless would be a start in fixing the software patent problem.

    3. Re:Bad Idea by mwvdlee · · Score: 3, Interesting

      A point could be made that anybody trying to create a minimalist design, would invariably end up with a very similar design.

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    4. Re:Bad Idea by ceoyoyo · · Score: 4, Insightful

      Actually, if you actually read those arguments, and the patents that back them up, they include things like the arrangement of the home screen, etc.

      But if you get all your information from Slashdot and various bloggers in the form of sound bites, then yes, black rectangle.

    5. Re:Bad Idea by tgibbs · · Score: 5, Insightful

      A design patent does not claim ownership of the individual elements of the design, but rather rights over the specific combination of those multiple elements. So it is more accurate to say that Apple has claimed rights over devices that resemble an iPad in multiple ways, overall shape and proportions being only one of those.

      It is quite clear that Apple created something. It is instructive to look at tablet design before and after iPad. Prior to the iPad, the overwhelming industry opinion was that pad devices were niche products with no large consumer market, and that consumers far preferred netbooks. That opinion was not without basis. Multiple attempts by multiple companies to develop a pad device had failed.

      The iPhone similarly challenged conventional wisdom and completely transformed cell phone design. Yet now, multiple manufacturers are simply insisting that it is impossible to think of a phone design that would appeal to consumers that did not look pretty much like Apple's design. Of course, before the iPhone, they thought exactly the same thing about Blackberry's design.

      Apple's history of transforming consumer electronics extends back to their introduction of window-based GUIs for consumer computers. Any one device could be luck, but Apple has done it repeatedly. No single feature of any of those devices--the Mac, the Macbook Air, the iPod, the iPhone, the iPad, can be reasonably said to be responsible for their success; rather, it is the particular combination. So the objections to Apple's design patents are much like insisting that a famous chef should not be renowned for his signature dish because he didn't invent beef, or garlic, or pepper.

      Does patent or copyright law protect Apple's particular brand of creativity, which has repeatedly transformed the user experience of consumer electronics? Perhaps the law offers no real protection for this kind of creativity; I don't know. But there is certainly a reasonable argument that the law should encourage companies like Apple that genuinely innovate in the area of design, and that are willing to take huge financial risks in introducing designs that challenge the conventional wisdom.

  3. I decree that... by alphatel · · Score: 4, Interesting

    Translation: Steve's gone, mind if we drive?

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  4. nothing "great" about it by khipu · · Score: 5, Interesting

    Interface standards are not about "great technology", they are about convention and usability. There's little that's ever been innovative about how steering wheels look or work, where the hand brake goes in a car, how you turn on a TV or a light, etc.; many of those are just arbitrary choices. But there is a huge benefit to having these items standardized so that consumers can easily move from one car to another. The same is even more true for user interfaces: user interfaces benefit tremendously from standardization. Apple's user interface elements aren't "great" or innovative, they simply set the standard because Apple is first.

    (And most of Apple's user interface elements aren't even Apple's inventions; sliding switches on touch screens, for example, were not invented by Apple, Apple just copied them and then patented their application to unlocking.)

    1. Re:nothing "great" about it by Truedat · · Score: 3, Interesting
      I see a lot of these verbose types of argument that fails to get to the point. Yes Apple patents a lot of stuff that shouldn't be patentable. So does google by the way and so does Microsoft and everyone else. A lot of those inventions don't even originate in house either, just look at googles buyout of Swallow for example. However given these shitty rules that they play by are the same for all of them.

      All you have done is go off on a hateful rant with nothing to back up those rantings, you have to explain why one company should have to forced to share it's own shitty patents with everybody else. What you've done is made an attack at the patent system and tried to attach Apples name to this uniquely, your words could apply equally to any of the major players. For example does google share its search patents with everybody? I don't know the answer to that but I don't see anybody looking into it round here either.

      Does anybody else find it weird when supposedly intelligent people don't even _try_ to see all companies in the same light? That sort of blinkered view must spill out into other areas of thinking, in a way that must hurt reasoning skills.

  5. Re:I Dunno... Let's Ask John Galt What He Thinks.. by hamburger+lady · · Score: 5, Funny

    only he would deliver that message in a 13-hour long monologue. then rape someone. what stamina!

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  6. seems more about activsync to me by arkhan_jg · · Score: 3, Informative

    I didn't see that being a a shot against apple per se - much more microsoft and the exchange activesync suits.

    "when one firm publishes information about an otherwise proprietary standard and other firms then independently decide (whether by choice or of necessity) to make complementary investments to support that standard in their products. Because proprietary or de facto standards can have just as important effects on consumer welfare, the Committee’s concern regarding the abuse of SEPs should encompass them as well."

    Microsoft has patented exchange activesync, and then licences those patents to companies that want to talk to an exchange server. That's what has most android makers coughing up money to microsoft for - the ability to talk to exchange as an email/calendar client. Note, android developers, like all exchange activesync licencees, have to write their own code against the standard, which changes whenever MS update Exchange server.

    Now, Exchange is pretty much ubiquitous in business. Therefore talking to Exchange is a necessary defacto standard, but everybody does it a bit differently as they write their own code. Should the patents covering exchange activesync, as a defacto essential standard, be under scrutiny for abuse by the same body that's investigating FRAND patent holders for abuse of their essential nature?

    That seems to be Google's argument, anyway.

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  7. Spin doctors by slasho81 · · Score: 5, Insightful

    Apple's PR is doing a great job. Way to spin something into a provocative flamebait. Google didn't say what the title says it did, but timothy just couldn't resist.

  8. Misleading summary by dell623 · · Score: 5, Insightful

    The summary is misleading. What Google is saying is that if certain patents are considered standard essential for communication (3G, WiFi etc.), then parents on touch screens, scrolling etc. should also be considered the same. Apple would not be forced to share them, they would be forced to license them at a fair cost. Right now, Google-Motorola cannot use their patents the way Apple uses theirs because they are classified as FRAND, whereas Apple can use their patents to force import bans on Motorola and HTC products, for example. Apple would still be paid for the licenses to those patents, but would not be able to refuse to license them or charge an exorbitant fee.

    The alternative would be to, you know, not issue broad patents for scrolling and slide to unlock etc.

    1. Re:Misleading summary by Karlt1 · · Score: 4, Insightful

      "Right now, Google-Motorola cannot use their patents the way Apple uses theirs because they are classified as FRAND, "

      They were not "classified" as FRAND by some random group of people. Motorola chose to submit their patents to a standard body and agreed to license them under FRAND so they would be part of the standard.

    2. Re:Misleading summary by vakuona · · Score: 4, Insightful

      Google-Motorola should not have gotten their patents included in a standard if they intended to use them to beat other competitors over the heads with.

      FRAND standards are about interoperability. If you can't implement the 3G standard, you cannot make a smartphone, and the market breaks down.

      If you can't use slide to unlock, you can do something different. Annoying as it might be, the very fact that people think slide to unlock is trivial means it shouldn't matter. You could use a combination of the physical button and a soft button to unlock the screen, or may ask the user to touch four points in order. There are way to work around that patent.

      However, you cannot work around a patent essential for 3G, therefore it is right that limitations (FRAND) be put if you want a guaranteed return on your investment, which is what being in a standard gives you.

  9. Re:Let the consumer choose by JayDiggity · · Score: 5, Insightful

    Are you kidding me? Do you think the average (even above-average) user wants to go through PAGES and PAGES of radio buttons? Rounded vs. sharp corners? Why not allow them to determine just HOW round? Now we've gone from radio buttons to sliders everywhere.

    Seriously, customize EVERYTHING? You can do that in Linux - look at how well that worked out for the consumer.

  10. Monopoly vs patent by tomhath · · Score: 4, Insightful

    Google's argument actually makes sense. As I read it, they're saying that a company which holds a patent on technology that is essential to meet an industry standard must license it in a Fair, Reasonable, and Non-Discriminatory (FRAND) way. But a company that has such a strong market position (i.e. a monopoly) can use patents to exclude competition. So Google is saying that FRAND should apply whether the technology is required because of an industry standard or because the patent holder has a monopoly.

    1. Re:Monopoly vs patent by Anonymous Coward · · Score: 3, Insightful

      This could be extended to anything. You could say that Coca Cola's trademark is so strong that competitors have to charge uneconomically low prices to compete with it - hence they are unable to compete because they are not named Coca Cola. Therefore, the brand name is simply required to compete, and Coca Cola should be forced to allow people to sell under their brand in a Fair, Reasonable and Non-Discriminatory manner.

    2. Re:Monopoly vs patent by Karlt1 · · Score: 3, Insightful

      "But a company that has such a strong market position (i.e. a monopoly) can use patents to exclude competition. So Google is saying that FRAND should apply whether the technology is required because of an industry standard or because the patent holder has a monopoly."

      So does that mean that Google is willing to release the implementations of their search algorithms?

      And how is Apple "a monopoly" when Android supposedly outsells iOS 2-1?

    3. Re:Monopoly vs patent by swillden · · Score: 4, Informative

      And how is Apple "a monopoly" when Android supposedly outsells iOS 2-1?

      Apple claims that all of those Android phones are violating the patents in question, and wants to shut those sales down, which would make Apple a monopoly.

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    4. Re:Monopoly vs patent by sydneyfong · · Score: 3, Informative

      The very essence of patent law is that it grants a limited time monopoly to the inventor.

      That's the whole point of having patents. You can dispute whether patents should exist, but arguing that a patent should be revoked just because it grants a "monopoly" is just stupid.

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    5. Re:Monopoly vs patent by Phroggy · · Score: 3, Informative

      This is stupid. The WHOLE POINT of a patent is that you get to control the use of your invention, for a limited time. That means you can charge a license fee to let others use your invention, you can let others use it for free, or you can just say NO and not allow anyone else to use your invention. The promise of this control is what incentivizes people to invent cool stuff and then show the world how it was done. If your idea becomes wildly popular, you stand to make buckets of money, and that's a GOOD THING for all of us.

      The notion that you should lose patent protection if your idea becomes too popular completely ignores the purpose of having patents.

      In order to submit your patented idea to a standards body, you have to agree to FRAND licensing as a condition for consideration. That's a good idea. Without it, we couldn't establish standards that people could actually use, and then nobody wins. Participating companies agree to do this because they WANT other companies to use their technology, for a fee. It's voluntary. Don't want competitors using your ideas, don't submit them to a standards body.

      The real problem here is NOT that Apple's slide-to-unlock idea has become so popular that they should be forced to allow other companies to license the patent. The real problem here is that Apple's slide-to-unlock idea should not have been patentable in the first place. Apple was the first to implement the idea, so they got a head start in the market, and that should have been enough. Granting Apple exclusive rights to this idea does not benefit society in any way, because Apple still would have come up with the idea even if they knew everybody else could copy it. Patents are supposed to benefit society by documenting how a technology works, to make it easier for people to copy after the patent expires, and the slide-to-unlock patent does not do that: how the technology works is perfectly obvious to anyone skilled in the art, so the patent itself is useless to us. This patent benefits no one but Apple, and that's not fair.

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    6. Re:Monopoly vs patent by Anubis+IV · · Score: 3, Informative

      You seem to have forgotten that FRAND is opt-in. A company chooses for their patent to be a part of the spec, and they agree to license it under FRAND terms in exchange for it being part of the spec. None of them were ever compelled to contribute their patents to the standard, nor were they forced to agree to offer FRAND terms. They agreed to the terms of their own free will.

      In contrast, Google is suggesting that Apple should not have a say in the matter, and that they should be compelled to offer their patents under something resembling FRAND terms. Big difference.

  11. Here is the problem by perrin · · Score: 5, Insightful

    Samsung, Motorola and other old players in the telecoms game have a huge problem today because for many years they have been playing reasonably nice with each other. It used to be that the players came together in standards organizations, agreed on standards, promised to license them to each other on FRAND terms, and then competed on implementation. Then a new kid comes to town who wants everyone to license it their FRAND patents without giving any back.

    Apple, like Microsoft, hates to offer their own patents as FRAND, and only ever tries to create formal standards when they need to subvert another standard. They are the masters of de facto standards. Since the old players are now desperately abusing their FRAND patents as leverage in patent negotiations, they have a difficulty in calling Apple out on the hypocrisy of this.

    However, the big loser in all of this is us. Since FRAND patents are so weak in aggressive patent wars, and antitrust bodies are now looking to make them even weaker, companies will stop making FRAND promises. The result will be less standardization and more lawsuits, leading to less capable and more expensive products. Hence Google's point is actually a very good one.

  12. Google argues most patents should be SEPs by kervin · · Score: 5, Informative

    The article's title isn't correct. Google is really arguing that most patents should be treated like SEPs so it's harder to get injunctions. As the patent war heated up Google bought Motorola largely to quickly built it's defensive patent portfolio. A strategy that has largely worked except Motorola has a lot of SEPs.

    So now Apple is suing Google and its hardware partners like crazy all over the world, but they're coming back with SEPs in the counter suites. HTC took Apple to court in retaliation using 2 SEPs it got from HP, IIRC. Google is also beginning to play a more aggressive role defending its hardware partners. Google is even beginning to ask the courts to name them as defendants even though they weren't sued. And guess what type of patents they're bringing to the party?

    Motorola recently announced that it was leaving long standing patent agreements with Qualcomm. Guess with litigious company relies on Qualcomm for protection against SEPs?

    Now add the fact that the US government is actively re-evaluating how litigation around SEPs are handled ( there are hearings going on right now ), and you can see why Google is saying what they are.

    Google largely wants to be able to use its SEPs defensively in a fight they really didn't start. But of course, once that cat is out the bag and fast forward a decade when Google maybe on the ropes, then it's likely we would see SEPs used more agressively. '

    The other solution is to not loosen restrictions on SEPs but to go the other route. Make it harder to get injunctions using non-SEPs by treating them like SEPs. Personally, I believe that's the way to go. Currently Apple has an injunction on the import of Samsung Galaxy Tab 10.1 over a flimsy design patent. Samsung can't just pay a reasonable fee, they have been banned from importing the product at all. Even if these flimsy patents are not tossed out of court, they should not be used to outright ban products, but competitors should be allowed to license them on a FRAND basis.

  13. Re:So would an analogue be the steering wheel? by Anonymous Coward · · Score: 3, Insightful

    A joystick in a car would be stupid. Cars are not fly by wire systems; they are mechanical (with some hydraulic support via "power steering", but even when the power steering fails the car can be controlled via the mechanical wheel). Can you imagine the force required to control a car via a joystick if you had to keep it mechanical? If you then made it a completely drive by wire system, you just added a bunch of complexity and failure modes to what should be a ubiquitous and (fairly) inexpensive object. You've taken a simple, cheap design and made it cost more simply to have a less efficient steering mechanism. Why? It is designed pretty damn well now.

  14. Re:So would an analogue be the steering wheel? by MrDoh! · · Score: 3, Funny

    If we're changing it from the steering wheel, instead of a joystick, can we use a mouse and WASD? That should work far better for a vehicle that only operates in a 2D plane.

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  15. Re:Let the consumer choose by peragrin · · Score: 4, Insightful

    apples pricing on the Ipad is only becuase they manufacture one or two styles at the same time.

    What the competitors need to do is to stop pumping out new models and build just a couple high quailty models

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  16. Re:So would an analogue be the steering wheel? by ninetyninebottles · · Score: 3, Interesting

    I'd like a HUD display too. Every car should have one.

    Having been peripherally involved in the design of HUD systems for some american car companies, no you do not want a HUD system designed by a committee and managed by a US car company exec who still thinks more and bigger is better. Just look at some of the Windows based touchscreens in recent models and imagine a similar quality of design popping up in front of your face while you're trying to drive.

  17. Re:Google facing regulatory scrutiny? by ninetyninebottles · · Score: 3, Interesting

    Google bought Motorola. If you haven't heard about their FRAND patent licensing and the investigation thereof, you might want to get more background before reading this story.

  18. Re:implementation by ninetyninebottles · · Score: 4, Informative

    2) No government entity can be on the board of the standards group.

    So you think patents should be enforced as decided by the categorization of a group of individuals not elected by a democratic process, but chosen by corporations? I'll call Ben Franklin's zombie and he'll be over to slap you momentarily.

  19. Re:Google is more evil than Microsoft ever was by Riceballsan · · Score: 4, Insightful

    Almost all of the ones I saw in the PDF were pretty bogus ones. Claims by competitors that google pushes it's own results to the top of the results. So far I've yet to see a case for that one presented convincingly, the top results tend to be whatever is most often the more popular item, in things that google is the most popular, google's items show up, in the ones they aren't their competitors show up. Then warnings and alogations of patent abuse. Can you even name a time google used a patent offensively? Can you crop out the fat and point out 1 or 2 that google was actually ruled guilty in, most of those are either undecided or not found not guilty. I'm not saying google isn't debatably bad, I'm saying that particular list is focusing on pretty ridiculous stuff. Google deserves quite a bit of flack in the privacy area, but their patent practice in the phone arena? I've yet to see them do anything shady in that arena besides attempt to cover their own ass from incoming fire.

  20. Re:So would an analogue be the steering wheel? by Hentes · · Score: 4, Informative

    Many disabled people control their car via a joystick.

  21. Re:So would an analogue be the steering wheel? by History's+Coming+To · · Score: 3, Informative

    You're thinking of the trimmers, there's a subtly different function. Trim wheels are used because the central position on the joystick is the "neutral" position for the ailerons and rudder, which is different to the "fly straight" position, which changes depending on airspeed, engine RPM, altitude and so on. The neutral position may make the plane fly straight and level at 300kts at 1000ft, but won't at 400kts. The trim wheels are used to offset the control surfaces so the neutral position on the joystick is flat and level. They can also be used, as you mention, to control the aircraft to a certain extent if the primary control (joystick) fails for any reason, planes have been landed using trim wheels only, but it's not recommended unless you have no other option.

    In a car the equivalent would be a trim wheel to correct for a camber in the road or crosswind so you're not always steering slightly to one side.

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  22. Re:Punishing success by istartedi · · Score: 3, Informative

    Well, I don't like software patents either. However, Google will indeed have the government coming to take their IP when the PageRank patent expires. It probably won't mean much by then, since we've had time to realize that getting 1,254,562 results in 0.12 seconds isn't really that useful. Also, it's a system that can be gamed and you have to fight that. Nevertheless, the patent will become public domain much sooner than anything copyrighted. That's probably the ONLY thing to like about software patents. I actually got to see the GIF patent expire in my lifetime. Wow! And I also got to see it encourage progress; but not in the way that patents allegedly do that. It motivated the creation of PNG, which has alpha channels. BTW, did the IE team ever get alpha channels right? I was able to do that in a Windows app back in the 90s, and I never understood why MS couldn't master their own technology... but I digress...

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  23. That's a great idea! by supercrisp · · Score: 3, Funny

    Let's apply it to search algorithms!

  24. Re:So would an analogue be the steering wheel? by AmazingRuss · · Score: 4, Funny

    Maybe YOUR car only operates in a 2D plane, but mine has left the ground on numerous occasions.

  25. Re:I Dunno... Let's Ask John Galt What He Thinks.. by mspohr · · Score: 3, Insightful

    I believe that it is the government which sets up the laws which protect private intellectual property. Without these government patent laws, there would be no way to protect intellectual property. Anarchy would allow the free flow of ideas without these artificial barriers to embrace and extend.
    Not sure how John Galt would resolve the conflict between "government is evil" and "government must protect my private property" since it has been 50 years since I read those polemics.

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  26. Patents -- what is source code anyway? by drstevep · · Score: 3, Informative

    Software patents work without source code "work" (please note that I'm using quotes to denote the process, not the validity of the process) because the patent discloses the technique. Having the source code in a particular language is irrelevant. The source code is not the invention. The method behind the source code is the invention. Beside, what relationship does the source code have with the invention? I'll postulate: None. First, the source code is an intermediary between the idea and the execution process. Any of a number of intermediaries can be used. Should revealing the source code in C++ mean that a parallel implementation in Fortran is allowed/does not violate the patent? Second, even using the same source code, what is the impact of compiling to a different architecture? No, source code has no value except as A METHOD of explaining the idea. It is not the idea.

    1. Re:Patents -- what is source code anyway? by am+2k · · Score: 3, Insightful

      No, source code has no value except as A METHOD of explaining the idea. It is not the idea.

      Well, that was my point. A patent is supposed to protect not an idea, but a concrete implementation, like a steam engine. You can't patent the concept of accelerating a car by heating some gas, you have to actually show how it is supposed to work (by using diagrams and text). However, you can patent the idea of clicking on a button to buy something in an online store, or using a shopping cart to represent the items you're about to buy there.

      The only way to perfectly specify how a software idea is supposed to work is by showing the code. Everything else is vague and could be written by just about anyone. Patents were supposed to protect the inventor, not somebody with a typewriter/word processor and some vague idea. Originally, patents were required to include a working physical model of the implementation. Unfortunately, that's no longer the case.

      In addition to that, actually implementing software is the hard part, not coming up with ideas for software. However, that's a holly different topic and not covered by current IP laws at all.

    2. Re:Patents -- what is source code anyway? by oxdas · · Score: 4, Insightful

      Good job. I think you make a strong argument against software patents. If software patents are indeed the patenting of ideas rather than concrete implementations, then they should not be issued.

    3. Re:Patents -- what is source code anyway? by rtb61 · · Score: 4, Insightful

      The comparison is false. There is no new idea. The intent of computers is to replicate manual or analogue methods of doing things in a digital computerised format, using computer hardware and software, that is a straight up logical process. As computers take a greater part in the interaction between people and the activities they conduct, so more of those interactions are 'digitised'. Putting more devices in one space is a simple direct product if miniaturisation and making use of existing hardware with the minor addition of new hardware. Whilst the hardware itself should certainly be patentable if it requires new manufacturing techniques, the software should not ie it is simply the logical algorithms, the formulas inherent in making the hardware function.

      The whole idea of falsity of patenting every shift of known existing method and idea from analogue or manual use to digital is simply a US greed based lie. Nothing new, no new idea, no creation, just lawyers, lobbyists, corrupt politicians, greed and bullshit. You can shove rounded corners on rectangles where the sun don't shine along with slide to lock and any other kind of anticompetitive profit jacking up bullshit.

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  27. Shoulders of Giants by jmactacular · · Score: 4, Insightful

    "Others can embrace and extend when the patent expires."

    The problem with that line of thinking, is not realizing that all that is created is evolutionary. Everything we build is done in small incremental steps, building on what was just built. No one goes from a horse and buggy to a Ferrari. You go from a horse, to a horse and buggy, to a motorized carriage and so on. Everything that Apple or anyone else has built, was done standing on the shoulders of giants.

  28. Re:I Dunno... Let's Ask John Galt What He Thinks.. by claytongulick · · Score: 4, Informative

    I'll take a rough stab at answering this.

    In Atlas Shrugged, Ayn Rand took the (for lack of better terms) "collectivist" (liberal, etc...) and "individualist" (libertarian, fiscal conservative, Austrian school, etc...) schools of thought to their logical extremes. Liberalism, of course failed miserably in her example, but it is also quite telling that in order for her fictitious libertarian paradise to succeed it required technological/science fiction props (free energy, projected holograms, infinite broadcast power, etc...).

    Ayn Rand demonstrated a clear assumption that intellectual property rights would be respected by both "sides" of the conflict. This is demonstrated with the subplot of the government using dirty tricks and manipulation to force Hank Reardon to sign over rights to Reardon Metal to the government. This was considered a fundamental attribute of the United States, as compared with other countries (note the nationalization of Francisco D'Antonio's assets). So, she clearly demonstrates that she believes in IP protections. John Galt, the character, would also share in these beliefs, since he's represented as the embodiment of her highest ideals.

    As to the internal consistency of this, I agree that on the surface there is some conflict. Especially given Rand's discussion of force as being the antithesis of reason, but to rely on force to protect that which reason creates could be considered inconsistent. There is an exception to Rand's disavowal of force, however. She absolutely recognizes force as necessary to protect one's self and property. She also recognizes the military as one of the few legitimate functions of the government. This is made clear by the following excerpt from The Virtue of Selfishness:

    "The only proper purpose of a government is to protect man’s rights, which means: to protect him from physical violence. A proper government is only a policeman, acting as an agent of man’s self-defense, and, as such, may resort to force only against those who start the use of force. The only proper functions of a government are: the police, to protect you from criminals; the army, to protect you from foreign invaders; and the courts, to protect your property and contracts from breach or fraud by others, to settle disputes by rational rules, according to objective law. But a government that initiates the employment of force against men who had forced no one, the employment of armed compulsion against disarmed victims, is a nightmare infernal machine designed to annihilate morality"

    Ayn Rand makes it clear that she supports the court systems and police force as a legitimate function of government to protect property and, by extension, ideas (patents/copyright).

    I'm frequently surprised at comments I see that conflate Ayn Rand/objectivism/libertarianism with anarchy. It is simply not true, and is mostly only done by those who have little education or understanding of those philosophies.

    There's no evidence, that I'm aware of, that Ayn Rand ever considered government to be "evil". What she considered "evil" or immoral, was a government that exceeded it's bounds and participated in activities outside of which those that she considered to be legitimate functions.

    --
    Drinking habits can be dangerous. You can choke on the cloth and the nuns will wonder where their clothes are.
  29. Re:So would an analogue be the steering wheel? by Cerium · · Score: 5, Funny

    Spacebar?