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Tech Firms and Regulators Meet At UN About Patents

another random user writes "Apple, Google, Microsoft, Nokia, Samsung and others tech firms met with regulators and patent officials in Geneva to discuss changes to intellectual property laws. The event follows a flurry of lawsuits involving smartphone makers. It is set to focus on how to ensure license rights to critical technologies are offered on 'reasonable' terms. Companies are split over whether they should be allowed to ban rivals' devices if they do not agree a fee. The talks have been organized by the International Telecommunication Union (ITU), the UN agency responsible for ensuring phone-makers agree standards so that their devices can interact with each other."

65 comments

  1. How many small businesses were invited? by Anonymous Coward · · Score: 5, Insightful

    My guess: none.

    Why? They have severely contrasting views.

    My point? Nothing is going to change when your approach is biased.

    1. Re:How many small businesses were invited? by WaywardGeek · · Score: 2

      One thing we can be sure of: any company earning less than $1B/year is going to be shut out of future intellectual property rights. It'll all be owned by the oldest, least innovative firms, and the rest will have to pack up and go home, because they wont be allowed to legally innovate.

      --
      Celebrate failure, and then learn from it - Nolan Bushnell
    2. Re:How many small businesses were invited? by Luckyo · · Score: 3, Insightful

      Looking at the history, they will innovate and invent in countries not constrained by these rules. It's going to be rise of the New World yet again, only this time in the East instead of West.

    3. Re:How many small businesses were invited? by dwater · · Score: 2

      Nokia's getting pretty small these days.

      --
      Max.
    4. Re:How many small businesses were invited? by shentino · · Score: 4, Interesting

      The root problem isn't patents.

      It never was, that is a mere symptom of the same corruption of big business ass-raping the government and forcing it to give out goodies to their lobbyists.

      Get business out of government and everything else will take care of itself. Keep business in government and no solution is going to work anyway.

    5. Re:How many small businesses were invited? by gl4ss · · Score: 1

      Nokia's getting pretty small these days.

      yeah so small that apple is paying them hundreds of millions yearly... so what do you think their stance on the issue is going to be?

      --
      world was created 5 seconds before this post as it is.
    6. Re:How many small businesses were invited? by dwater · · Score: 1

      Sorry, it was an attempt at a joke...

      --
      Max.
    7. Re:How many small businesses were invited? by drinkypoo · · Score: 1

      Looking at the history, they will innovate and invent in countries not constrained by these rules. It's going to be rise of the New World yet again, only this time in the East instead of West.

      But they aren't innovating now, and they theoretically could be. Why not? What's preventing them, culturally or societally, and why is that going to change?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    8. Re:How many small businesses were invited? by Bigby · · Score: 1

      You couldn't be more right. This is collusion by said companies to keep others out of the market. These companies love regulation and want a patent system that makes sure Joe Nobody can enter the market.

      The populous thinks that we can get business out of government by controlling election spending, controlling "dinners" with politicians, etc... There are only 2 ways to remove business from government:

      1. Shrink government so there are fewer benefits available to lobbying.
      2. Algorithmic online/remote random representatives. Basically everyone is a rep and through the use of computer voting and statistics, determine support/dissent. Everyone is for the lobbying of everyone.

    9. Re:How many small businesses were invited? by Luckyo · · Score: 1

      Innovating and inventing is harder then copying. It's the same as what happened with US in the early industrial revolution. They copied Old World until there was little to copy, then they found themselves with solid manufacturing base and engineering expertise to move to much harder inventing and innovating.

      It's known as "the most efficient approach".

    10. Re:How many small businesses were invited? by drinkypoo · · Score: 1

      OK, but China has copied so much stuff they have years worth of old crap lying around that nobody wants to buy. Hell, they copied whole cities, and they're lying around with no one to buy them. Now what?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    11. Re:How many small businesses were invited? by SuricouRaven · · Score: 1

      But in the case of 2), whoever sets the details of the voteing policy is going to wield a lot of power. Like digital gerrymandering. Even a purely administrative body could easily tilt the rules to strongly favor one side over another.

    12. Re:How many small businesses were invited? by zlives · · Score: 1

      wait for some one to come up with city burying technology,
      copy
      profit!?

    13. Re:How many small businesses were invited? by shentino · · Score: 1

      All they have to do is get a friend who maintains the system to do a failover.

      http://it.slashdot.org/story/11/07/26/1238211/court-filing-on-how-2004-ohio-election-hacked

    14. Re:How many small businesses were invited? by Luckyo · · Score: 1

      You seem to suggest that US didn't copy cities during its own build up. It did. Not to extent of chinese today due to lack of imaging technology back then, but it certainly copied architecture a lot.

  2. Fox.. by Anonymous Coward · · Score: 5, Funny

    .. say hello to the hen house.

    1. Re:Fox.. by Tough+Love · · Score: 1

      the line forms on the right

      --
      When all you have is a hammer, every problem starts to look like a thumb.
  3. Let's hope by kiriath · · Score: 2

    They can come up with something that will keep the patent BS from happening... I understand a need for some form of patent system, but what we've got and what we need are dramatically different things.

    It's a step... but it's a long way from a step in the right direction.

    1. Re:Let's hope by Anonymous Coward · · Score: 4, Insightful

      This is not a step. Note the players involved: big, moneyed interests. They will probably say "maximum patent licensing cost is $10M/year per licensor" and be done with it. Two birds with one stone -- no more infighting amongst themselves, while small, disruptive players are barred from the market place.

    2. Re:Let's hope by KiloByte · · Score: 0

      I understand a need for some form of patent system

      Care to share what exactly benefits do we get from one? Just like early patents, or ones in the times of Edison, they don't seem to foster innovation but are a tool to fill coffers of companies they're granted to, with plenty of revenue shared with whatever king or ruler happens to grant them.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    3. Re:Let's hope by Anonymous Coward · · Score: 5, Insightful

      Patents are, I think, supposed to give you a limited time monopoly in order for you to share your technological process with everyone else. This is to combat the rest of us being unable to reproduce your product after you've passed on; an example being the process in making some stained glasses are apparently lost to ages. This should mean that in order to be granted a patent your process should be:-

      Non-obvious - your patent shouldn't be part of natural progression.
      Difficult to reproduce - It shouldn't be resonably possible for someone else to copy your idea just from seeing the end product.
      Be a viable trade secret - as in, if patents didn't exist, you should still resonable be able to maintain your monopoly, possibly forever.
      Be a working product - use it or lose it.

      Obviously thats nothing like how the system works as the vast majority of patents are wielded against people who have seemingly implemented an idea without prior knowledge of the other patent existing. This would also pretty much make design ideas unpatentable. Put shortly I guess the two problems are a) the length of term and b) the bar of what is an accepted patent.

      Of course, if you believe patents are working as intended, you probably disagree on the why they exist. Personally I don't think anyone should be granted any monopolies unless it somehow benefits the commons.

    4. Re:Let's hope by Anonymous Coward · · Score: 0

      Some of the things Larry Page and Tim Cook have said about patents are promising. Just because they sue over patents doesn't mean they want to, it could be argued patent litigation is required of any large IT corporation.

      I'm not very optimistic, but I'll at least wait until after they talk before assuming nothing will happen.

      Also, you "maximum $10M/year" idea is unbelievably bad. If I sell 10,000 devices, why should I have to pay the same $10M for as somebody who sells 10,000,000? Especially when we are talking about a single piece of math in the GSM standard? Any maximum royalty needs to be a per-device value, not a per licensor value.

    5. Re:Let's hope by kiriath · · Score: 3, Insightful

      In a perfect world a patent system would protect the 'little guy' who invented something awesome and wants to safely 'shop it around' to the 'big guys' who have the potential to release it. It should be a tool that allows and promotes the drive to 'get something patented' for mere mortals.

      Like I said, what we've got is a far cry from what a patent system should be... and this is probably not the best way to make any good changes but it is a step.

    6. Re:Let's hope by Anonymous Coward · · Score: 2, Informative

      I don't think he was suggesting that the idea was good. He was suggesting that the idea would be good for large corporations so that they can maintain their oligopolies (at the expense of everyone else).

    7. Re:Let's hope by Anonymous Coward · · Score: 0

      You're an idiot.

      He said 10 million dollars because it was more money than someone small (selling 10,000 devices) can afford.
      But so cheap someone selling 10,million devices doesn't care.

      Big player says = who cares.
      Small player says = holy crap I cant be in that industry.

      Since the people at the table right now are big players, they can only see this is a good thing. (ie. its a bad thing because the big guys will agree on something like this)

  4. Abolish by Meneth · · Score: 2, Informative

    It's simple: get rid of them all.

    1. Re:Abolish by Mashiki · · Score: 1

      I really don't have a problem with reasonable patents. Excessive patents like we have today are the problem. Be right back, patenting stupidity. Then off to become a patent troll...

      --
      Om, nomnomnom...
    2. Re:Abolish by Anonymous Coward · · Score: 1

      I really don't have a problem with reasonable patents.

      The problem is there is simply no way to define a "reasonable patent" in objective fashion. It's all hand waving. Real world property has very well defined boundaries, "ideas as property" have almost none and the PTO's attempt to define those boundaries for the entire universe of ideas are a sad joke. Even the boundaries of the class of ideas that are patentable is arbitrary.

    3. Re:Abolish by gstoddart · · Score: 1

      Be right back, patenting stupidity.

      Way too much prior art there. :-P

      --
      Lost at C:>. Found at C.
  5. Karma, tastes good by Anonymous Coward · · Score: 1

    the UN should tell the USA to get lost until they pay their fees,
    its not as if their patents are valid anywhere else but the USA, its an internal domestic problem thats hurting only themselves, which as far as the rest of the world is probably a good thing

    1. Re:Karma, tastes good by interval1066 · · Score: 2

      the UN should tell the USA to get lost until they pay their fees

      The US is not paying those fees becuase its telling the UN to get lost on its inaction on Syria, Iraq, Central Africa, Yugoslavia... I have to say I don't feel very charitable to idiots either.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    2. Re:Karma, tastes good by Anonymous Coward · · Score: 0

      source: http://www.un.org/en/ga/about/art19.shtml
      As of 14 September 2012, 5 Member States are officially in arrears in the payments of their dues:

      1.Central African Republic
      2.Comoros
      3.Guinea-Bissau
      4.Sao Tome and Principe
      5.Somalia

      The US, however, still owes the UN about ~$700M. Most of the money is in fees assessed by some UN affiliated organizations (~$400M), although a good portion of it (~$100M) has been withheld because the UN is over budget (they agreed to cap the budget @ $2.5B, but did not), illegally kicked back taxes to US based employees (~$100M), and various other policy disputes (e.g, funding the PLO, giving exhorbiant raised to people stationed out of country, building a conference center in africa during a famine, failing to cap peacekeeping cost to pre-agreed amounts, overlooked a kickback scheme with russian government).

    3. Re:Karma, tastes good by Xest · · Score: 1

      Perhaps that's because in some cases the UN knew better?

      Action wasn't needed in Iraq in 2003 at least, action in Iraq led to a few orders of magnitude more civilian deaths, and allowed Syria and Iran to spread their influence (Saddam was a major limiting factor on their power ambitions there). Note how the same time Iran started increasing it's nuclear ambitions was pretty much the exact same time the US and it's allies had crippled Iraqi military capabilities?

      I agree UN inaction on some things is indeed a big problem, but similarly, US action on other things has been an even bigger problem. US action over the last decade has massively increased global instability when compared to UN inaction.

    4. Re:Karma, tastes good by interval1066 · · Score: 1

      Perhaps that's because in some cases the UN knew better?

      LOL!!!! Oh, you're serious....?

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    5. Re:Karma, tastes good by Xest · · Score: 1

      LOL!!!! Oh, you're a fucking ignorant typical American fuckwad who knows jack about the world and still to this day thinks intervention in Iraq was somehow a good thing.... ?

  6. Hurting everyone by SuperKendall · · Score: 2

    Motorola just had to pull out devices from Germany. This is not a local issue, this is a GLOBAL problem for consumers and companies alike.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  7. where is IBM? by Anonymous Coward · · Score: 1

    Why is the company holding the largest number of worthless patents not at the discussion table? It's unfathomable.

  8. Patents and Trademark Law by Anonymous Coward · · Score: 0

    Patents should need to meet similar requirements and scrutiny as trademark law.

  9. The goal is imprecise and subjective by erroneus · · Score: 3, Interesting

    It can never happen right. They want "reasonable" terms? That's not exactly something you can lock down. The problems are not because of something no one can completely agree with everyone else means. Apple is "unreasonable" and yet a judge has recently ruled that Apple's notion of reasonable is unreasonable.

    If they can't fight nicely, it's time to take away their weapons. It's as simple as that.

  10. Patent are not international by manu0601 · · Score: 0

    The oddity is that there is no international treaties about patents. They are only backed by national laws. The ITU will not be able to talk about what is patentable, for instance.

    1. Re:Patent are not international by Dynedain · · Score: 2

      STFU and learn how to use google before spouting off:

      Here's just one example of a ratified patent treaty.

      --
      I'm out of my mind right now, but feel free to leave a message.....
    2. Re:Patent are not international by manu0601 · · Score: 0

      That treaty says that patent application in a given state is not restricted to nationals: foreigners can file patents and enjoy the same protection as nationals. It does not create international patents: the inventor has to file patents in each state it wants to enjoy IP protection. And patent filing is still subject to local law of each state, which may forbid software patents, for instance.

    3. Re:Patent are not international by Dynedain · · Score: 1

      The example I provided is the first of many treaties that cover patents. Most patent treaties essentially say "if you want us to respect patents filed in your country, you have to respect patents filed in ours".

      --
      I'm out of my mind right now, but feel free to leave a message.....
  11. Scary movie by ksandom · · Score: 1

    This feels much like watching those bad horror movies where it feels like main character is either intentionally ignoring you, or is really stupid.

    --
    Funnyhacks - Wierd, unusual, and fun hacks
  12. Standards should be freely implementable by innocent_white_lamb · · Score: 1

    By its very nature, a "standard" should be free for anyone to implement.

    If I can do a better job of implementing a standard than you can, then I win. Until you leapfrog me, of course, and that's what we call innovation and progress!

    --
    If you're a zombie and you know it, bite your friend!
  13. What is Wrong with RAND? by dgharmon · · Score: 2

    "It is set to focus on how to ensure license rights to critical technologies are offered on "reasonable" terms".

    US tech firms lean on UN to legalize stealing stuff from companies and then selling it back to them under RAND terms ..

    What is Wrong with RAND?

    --
    AccountKiller
    1. Re:What is Wrong with RAND? by SuricouRaven · · Score: 1

      Espicially Microsoft, for whome RAND means 'license incompatible with open source.'

  14. Just like Romney's foreign policy speech by Anonymous Coward · · Score: 0

    You would think Romney would learn the lessons of the Bush Administration and Vietnam, but nooooooo.

  15. I'm Applying for a Patent for Food. by zenlessyank · · Score: 0

    Pay me or starve.

  16. I have a better idea by Skapare · · Score: 1

    Prove your patent is so genuinely innovative that no one is likely to have come up with this during at least half, if not all, of the patent term being asked for (allow patents to be applied for with a shorter term of the applicant's choosing). Failure to prove means no patent.

    The idea of patents in the first place was an incentive to invent or disclose the invention because we would have lacked these innovations without such incentives. Today, very few patents would fit that idea. Today, we only need very few patents. All the rest just puts a drag on the courts, economy, and real innovations.

    --
    now we need to go OSS in diesel cars
    1. Re:I have a better idea by rtb61 · · Score: 1

      There's an error in you statement "puts a drag on the courts" is a, 'erm', patently false claim. In fact patents bloat the legal system with profits, basically laws written by lawyers to promote the fiscal future of lawyers.

      If they are truly seriously about resolving patent issues that will not let any lawyers any near those negotiations. Reality is of course those negotiation will be just chock full of lawyers, pretending to represent their clients whilst in reality they will be focused on ensuring their own highly profitable future.

      So either no resolution and endless delays or we will end up even worse of, likely bloody both. As the longer the negotiations take the more the lawyers get paid.

      --
      Chaos - everything, everywhere, everywhen
  17. Ha! by Skapare · · Score: 1, Insightful

    You work for Monsanto or something?

    --
    now we need to go OSS in diesel cars
  18. Patents and copyright are government privileges by Anonymous Coward · · Score: 0

    The government has every right to set mandatory licensing fees for that privilege to ensure accessibility for others to build on. And furthermore, when a company no longer licenses a product, they should lose all rights to said product. Say, for instance, when Microsoft no longer licenses and/or supports Windows 2000, it should be automatically placed into the public domain, so somebody else can keep it up to date and distribute as needed. It is abandoned property. That's how it should be treated. If they want a hundred year copyright, they should have to license its use for that same hundred years. What we have now is absolutely unacceptable.

  19. The Obvious result by Anonymous Coward · · Score: 0

    They're going to collaborate in a way that allows them more freedom to pull their crap and to force possible upstart competitors out.

  20. Certainly the world patent system isn't broken??? by Anonymous Coward · · Score: 0

    OK, the world patent system is horribly broken. There should be no patents on software. Patents should last 15 years. Copyrights should last 20 years. Any sale of a patent or copyright halves the remaining time left on the patent. DONE!

  21. Patents, Copyrights and Trademarks by msclrhd · · Score: 3, Interesting

    To my knowledge, Computer software is the only industry that has both copyright (source code, graphics, music, etc.) and patents (design concept) applicable to it, and therein lies the problem. Trademarks are independent of these two as they apply to brand identity.

    You don't have patents in the fiction world, you have copyright law on the published text. You are free to have tree men in your story as long as you don't call them "ents". Likewise having a story about wizards in school, or vampires, or other story elements. Otherwise, if story elements/concepts were patentable we would not have as many varied stories we do have.

    The same applies to paintings/drawings, TV shows, films, music and other creative arts. You don't have the makers of Armageddon and Deep Impact sueing each other over who has rights to the asteroid impact disaster movie, instead you have two different interpretations of that concept.

    With the creative arts, you can take themes and ideas from other works and use them in a different way in your own work. So you have many paintings in the impressionist style, each artist giving their own interpretation on what that means.

    1. Re:Patents, Copyrights and Trademarks by advocate_one · · Score: 1

      You don't have patents in the fiction world, you have copyright law on the published text. You are free to have tree men in your story as long as you don't call them "ents". Likewise having a story about wizards in school, or vampires, or other story elements. Otherwise, if story elements/concepts were patentable we would not have as many varied stories we do have.

      The same applies to paintings/drawings, TV shows, films, music and other creative arts. You don't have the makers of Armageddon and Deep Impact sueing each other over who has rights to the asteroid impact disaster movie, instead you have two different interpretations of that concept.

      actually there are some who are trying to get plot elements patentable

      which could be fun as prior art (such as plays, books, films etc.) would invalidate whole masses of them...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  22. We're WAY past that by Anonymous Coward · · Score: 0

    You realize that what the UN is discussion here is already based on the assumption that software is patentable.

    Not just the HOW-is-works style patents, but the WHAT-it-does patents.

    Successive changes by the Federal Patent Appeal Court in the US, and the EU Patent Appeal Court have eliminated most of the obviousness clauses and permitted patented on business methods.
    BTW The EU Patent Appeal court, is really just some blokes from the EU Patent office that have labelled themselves as a court and pretend to have the right to modify patent laws. So the EU Patent office wasn't granted power to change patent laws, they create a court, the court says 'software must be patentable', the EU Patent office then 'bows' to the court (literally bows to itself) and started patenting software.

    This is why today, we're discussion whether Apple should be allowed to block Google and Motorola (GOOG) block Microsoft, for patents on things THEY DIDN'T INVENT, when the badly issued patents are clearly doing serious harm, so much that Federal Reserves are questioning whether its harming the economy.

    http://research.stlouisfed.org/wp/2012/2012-035.pdf

    "By contrast, neither innovation nor R&D expenditure have exhibited
    any particular upwards trend, not to speak of factor productivity. While patent litigation has increased,
    few patents are actively used. Patent litigation typically involves dying firms, that have accumulated huge
    stockpile of patents but are no longer able to produce marketable products, suing new and innovative
    firms. A once proud firm – one of the first producers of microchips, and who in our generation can forget
    7
    their first TI calculator – Texas Instruments was unable to make the transition to the PC revolution and
    became, for a while, the symbol of a dying company trying to stay alive by suing the newcomers. In more
    recent times, Microsoft has become the chief among the patent trolls. Once the giant of the software
    industry Microsoft has been unable to make the leap to portable devices such as telephones and tablet
    PCs. Unable to create and produce for the marketplace, Microsoft now attempts to claim a share of the
    profits Googles generates in this market through patent litigation. A firm that when it was young and
    innovative had a strong position against software patents – Bill Gates said in 1991: “If people had
    understood how patents would be granted when most of today's ideas were invented and had taken out
    patents, the industry would be at a complete standstill today...A future start-up with no patents of its own
    will be forced to pay whatever price the giants choose to impose.” – now lobbies in Europe and Asia for
    the introduction of software patents, which it already obtained in its home country."

  23. The difficulty... by edibobb · · Score: 1

    The difficulty is allowing Apple, Google, Microsoft, Nokia, and Samsung to operate freely, yet still use SPLs (Stupid Patent Lawsuits) to keep smaller companies from eroding their well-earned oligopoly.

  24. Do the rest of us get a voice? by Anonymous Coward · · Score: 0

    You may note that none invited represent "The General Public".

    No.

    AC

  25. Re:Reasonable? by Anonymous Coward · · Score: 0

    *crickets chirping*

  26. If your product can't be released without by Anonymous Coward · · Score: 2, Insightful

    If your product can't be released without giving away the patent without having to reverse engineer it, then that patent is not patentable.

    Patents were the opposite to trade secret. Exposure of the trade secret was paid for by the monopoly grant.

    If it can't be kept a trade secret, then it can't be patented.

  27. What about consumers? by CodeHxr · · Score: 1

    My only question is who is representing consumers in this meeting of powers that be? Oh, wait, consumers don't have power... they are merely cattle.