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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."

48 of 65 comments (clear)

  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 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.

    3. 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.

    4. 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).

  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 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.

    3. 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".'
    4. 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. 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.

  9. 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
  10. 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!
  11. 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.'

  12. 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
  13. Ha! by Skapare · · Score: 1, Insightful

    You work for Monsanto or something?

    --
    now we need to go OSS in diesel cars
  14. 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.....
  15. 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.
  16. 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.

  17. 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.

  18. 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.

  19. 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.....