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Patents Are A Big Part Of Why We Can't Own Nice Things (eff.org)

An anonymous reader shares an EFF article: Today, the Supreme Court heard arguments in a case that could allow companies to keep a dead hand of control over their products, even after you buy them. The case, Impression Products v. Lexmark International, is on appeal from the Court of Appeals for the Federal Circuit, who last year affirmed its own precedent allowing patent holders to restrict how consumers can use the products they buy. That decision, and the precedent it relied on, departs from long established legal rules that safeguard consumers and enable innovation. When you buy something physical -- a toaster, a book, or a printer, for example -- you expect to be free to use it as you see fit: to adapt it to suit your needs, fix it when it breaks, re-use it, lend it, sell it, or give it away when you're done with it. Your freedom to do those things is a necessary aspect of your ownership of those objects. If you can't do them, because the seller or manufacturer has imposed restrictions or limitations on your use of the product, then you don't really own them. Traditionally, the law safeguards these freedoms by discouraging sellers from imposing certain conditions or restrictions on the sale of goods and property, and limiting the circumstances in which those restrictions may be imposed by contract. But some companies are relentless in their quest to circumvent and undermine these protections. They want to control what end users of their products can do with the stuff they ostensibly own, by attaching restrictions and conditions on purchasers, locking down their products, and locking you (along with competitors and researchers) out. If they can do that through patent law, rather than ordinary contract, it would mean they could evade legal limits on contracts, and that any one using a product in violation of those restrictions (whether a consumer or competitor) could face harsh penalties for patent infringement.

243 comments

  1. Conversely... by BronsCon · · Score: 4, Insightful

    Patents are also why we can own nice things.

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    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    1. Re:Conversely... by davidwr · · Score: 2

      Patents are also why we can own^H^H^H use nice things.

      There, fixed that for you.

      Dear slashdot: Please add "strike" and "underline" HTML for insert-delete mark-up. Thank you.

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    2. Re:Conversely... by BronsCon · · Score: 4, Insightful

      No. No, I was right the first time. You can't own something that doesn't exist; and patents do server the purpose of forcing dissemination of information in exchange for temporary protection. That, in turn, allows others to build on previous work and make nice things, many of which we actually can own. That a handful of unscrupulous assholes has found a way to circumvent that should not negate all of the good aspects of patents; we should, rather, amend patent laws in a way that prevents such abuse going forward.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    3. Re:Conversely... by mwvdlee · · Score: 4, Insightful

      Do you wish to claim that without patents, those nice thing would not be made?

      Perhaps it would take more time, effort and money to make those things, but that is debatable.

      Patents are also why we can't have nice things that share some property with a patented thing.
      Patents are also why those nice things are more expensive.

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    4. Re:Conversely... by king+neckbeard · · Score: 1

      No, patents inhibit progress more than they promote it.

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    5. Re:Conversely... by Anonymous Coward · · Score: 1

      Only within reason. Allowing a person/company who develops a new and innovative product to reasonably profit from that product encourages others to also produce similarly new and innovative products (but not the same one, at least for "limited times"). That however is less and less what patents are actually being used for, today they are increasingly used to discourage competition and lock users into specific manufacturers which stifles innovation. Patent trolls are the most obvious incarnation of this, they don't produce anything (or at most token "products/research"), only popping up when someone else starts making something to demand payments (aka Extortion) for filing some paperwork describing an idea a fourth grader could come up with.

    6. Re:Conversely... by MightyMartian · · Score: 1

      The real solution is to limit the number of IP lawyers. It's a growth industry that encourages this kind of distortion.

      Oh yes, and outlaw sociopaths from becoming lawyers, or even working as a paralegal, or as a janitor in a lawyer's office.

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    7. Re:Conversely... by mi · · Score: 1

      Patents are also why we can own^H^H^H use nice things.

      There, fixed that for you.

      Is that distinction making a difference, though? As long as I can use a shovel, do I care, whether I own it?

      If the manufacturer offers me a shovel, that can dig on its own, on the condition I do not attempt to disassemble it, am I not better off than I was without the option?

      --
      In Soviet Washington the swamp drains you.
    8. Re:Conversely... by BronsCon · · Score: 3, Insightful

      As made evident by how far we progressed in the many decades which preceded patents, versus how little progress has been made since 1790, right?

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    9. Re:Conversely... by king+neckbeard · · Score: 1

      You are assuming that the shovel will not exist without patents, and are discounting the value that could come from people being able to disassemble and modify their own shovels.

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    10. Re:Conversely... by fahrbot-bot · · Score: 1

      Dear slashdot: Please add "strike" and "underline" HTML for insert-delete mark-up. Thank you.

      I'd like to underscore the need for these capabilities - oh, wait...

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    11. Re:Conversely... by Anonymous Coward · · Score: 1

      No. Patents do not disseminate information. Maybe 50 years ago, but not now. You cannot read most patents and know how the "invention" works. They are just too vague. It is just a monopoly created IN ADDITION to a trade secret. It is the way it is, not just a bunch of assholes. I like your idealism, but your ideas are way outdated.

    12. Re:Conversely... by JohnFen · · Score: 1

      As long as I can use a shovel, do I care, whether I own it?

      I can't speak for you, but I care very much whether I own it. If I don't own it, then my use is dependent on the whims of others.

    13. Re:Conversely... by Anonymous Coward · · Score: 0

      If the manufacturer offers me a shovel, that can dig on its own, on the condition I do not attempt to disassemble it, am I not better off than I was without the option?

      When I consider whether I'm willing to pay the price that the manufacturer is offering their device at, I factor in the likelihood that the reason I am not permitted to examine or repair the shovel is because the manufacturer has added intentional defects in their attempt at either price stratification or planned obsolescence.
        Even if that price is "free" I must consider the possibility that this "autoshovel" will park itself at an inopportune time and demand dealer maintenance.

      Incidentally, this mindset was inherited from my parents, who own a farm with zero modern John Deere equipment. Contrast my company's president who bought a 40 acre weekend farm and all brand new equipment last year and couldn't even bale 40 acres of hay without the bailer flashing some error code or another, requiring the dealer to send a tech out from the nearest city to decipher and repair. Under warranty, at least, since it didn't even make it one season without breaking down.

    14. Re:Conversely... by Anonymous Coward · · Score: 0

      What inhibits progress is the fact that you can sit on a patent without a product. If someone patents something, they should prove that they can turn it into a product that has legitimate value, under threat of it immediately becoming public domain.

    15. Re:Conversely... by cnaumann · · Score: 1

      You may be better off without the option.

      What if the options look like this:

      You can have unlimited use a self-digging shovel today for $20,000. A year from now, you have also have unlimited use of a self-digging shovel for $20,000.

      Or:

      You cannot have a self-digging shovel today. A year from now, you can have a self-digging shovel for $5,000.

      Which is the better option? The answer really depends on your needs.

    16. Re:Conversely... by mwvdlee · · Score: 1

      If we could outlaw sociopaths, we wouldn't have a need for IP laws in the first place.

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    17. Re:Conversely... by mi · · Score: 1

      If I don't own it, then my use is dependent on the whims of others.

      Well, the "whims" are all spelled-out for you and known before you pay for it, maybe it is not so bad...

      But, if anything is not to your satisfaction, you still have the option of buying an older, unencumbered, shovel.

      On the other hand, if the EFF has their way, my option of using the hypothetical "smart-shovel" without owning it may not exist... Because the EFF knows better, what's good for me...

      I wish, they stuck to fighting government's overreach. Fighting manufacturers of the proverbial "nice things" simply makes fewer of the nice things available.

      --
      In Soviet Washington the swamp drains you.
    18. Re:Conversely... by Anonymous Coward · · Score: 0

      Are you kidding me? How do you know whether patents actually make a difference?

      We see people suffering with them. We see people prospering with them. But, to say that there is a link between patents and nice things is just sandbox speculation because we don't see any other system in action.

      Take patents away and maybe we will still have the nice things. Maybe we won't. Guess what? You can't, with any credibility, predict what future market forces will drive.

      On the other hand, we do clearly see lawyers prospering and small inventors and consumers suffering. That is counter to the spirit of patent law.

    19. Re:Conversely... by Archangel+Michael · · Score: 4, Insightful

      They are written vague on purpose, because to be specific, would allow others to build upon your patent, and patent their improvements, locking you into a stale old way of building said invention, never able to improve it.

      As a libertarian, I am all for the repealing of most patents, and the shortening of the term of protection. As it stands now, patents do not protect anyone from anything for very long. If something is popular, and patented, it will be cloned and ripped off anyway.

      Patent abuse is like anything else the government does, it doesn't help many people, and hurts more people than it helps.

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    20. Re:Conversely... by Kjella · · Score: 1

      No. No, I was right the first time. You can't own something that doesn't exist; and patents do server the purpose of forcing dissemination of information in exchange for temporary protection.

      If you had said "creation in exchange for a temporary monopoly" I'd at least be willing to discuss it. But the vast, vast majority of patented creations would be picked apart and reverse engineered in no time flat if patents didn't exist. I dare you to show me one patent made in the 21st century that you think contains a trade secret that would take more than 20 years to figure out given that it was actually used in a product, service or production process.

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    21. Re:Conversely... by JohnFen · · Score: 1

      Well, the "whims" are all spelled-out for you and known before you pay for it, maybe it is not so bad...

      That requires trusting that the terms that were all spelled out will never change. I think that we have a long history (in the US, anyway) that indicates such trust is not warranted.

    22. Re:Conversely... by Archangel+Michael · · Score: 1

      Easy to evaluate.

      If having a self digging shovel for $20,000 can get me more than $20,000 worth of work, it is worth it. Future value of the shovel is always unknown, so I'll take option one if the conditions apply.

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    23. Re:Conversely... by Vektuz · · Score: 1

      I guess it depends on whether you're talking about theoretically, or in reality, based on current political climate, who's in power, and how they're likely to vote / legislate. (And this isn't an attack on any particular party - its been just as bad when either is in power, since large numbers of congress critters either directly or indirectly benefit from this system).

      What I mean by this is, in the "ideal" patent system envisioned at the time of creation, sure, it has all these theoretical upsides, you are correct. But what it has become instead due to the way things are and the way politics and legislation and the courts work, is what we actually have. A more pragmatic approach to "what ought to be done" takes into account what actually is likely to happen and what actually can be done given the actors involved.
      So ideally yes, congress folks, judges, lawyers, and other actors would act against their own financial interests as literal patent and IP lawyers or folks with holdings in large IP companies, to Do The Right Thing For The Good Of The People and fix this.
      But in reality, not only is it actively working against the public it is supposed to protect, but the grand bargain of what you give up in order to get these protections isn't upholding its own side of the bargain (similar to copyright law's infinite extensions). And even though the obvious "correct" course of action is to "amend patent laws", the actual political likelyhood of this occurring, with the current (and prior) legislature is that they make it worse, not better.
      Its similar to saying that obviously the current various branches of government should pass laws which limit their own means of corruption. Yes, obviously that's the "right" thing to do, but it won't happen because the very people who can make this kind of change benefit from not changing it.

    24. Re:Conversely... by BronsCon · · Score: 1

      Are you saying it never happens that someone, inspired by someone else's patent, possibly even for a product or concept that hasn't been put into production, then comes up with their own novel, possibly even better, way of doing $thing? I, personally, know people who've done just that, who would not have had the resources to reverse engineer $thing in order to do so. In at least two of those cases, even having said resources would not have helped, absent the patent, as $thing was never in production and did not physically exist in order to reverse engineer.

      Your "given that it was actually used in a product, service or production process" limitation is a straw man, at best.

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      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    25. Re:Conversely... by thinkwaitfast · · Score: 1
      What about wheels on a suitcase? That is patented.

      For people younger than 20...for the previous 1,000 years of travel, suitcases had handles and you had to carry them. This became rather inconvenient and a little painful carrying 20kg for 500m between terminals.

    26. Re:Conversely... by BronsCon · · Score: 3, Insightful
      Very well said. I'd like to expand on your first point, though, as I fear it may have flown right over the heads of our dear readers.

      They are written vague on purpose, because to be specific, would allow others to build upon your patent, and patent their improvements, locking you into a stale old way of building said invention, never able to improve it.

      This is precisely the type of abuse, by a handful of unscrupulous assholes (patent holders being, relative to the entirety of the population, a handful of people), which I propose we amend patent laws to prevent.

      And, by amend, I truly mean "actually enforce the laws as written", since they already require some degree of specificity.

      For the sake of our dear readers, continuing on with your comment:

      As a libertarian, I am all for the repealing of most patents, and the shortening of the term of protection.

      Indeed, repealing patents which do not follow the laws as currently written, which require a degree of specificity, lacking in many, and a degree of non-obviousness to a skilled professional in the relevant field, lacking in many others, would be the first necessary step in actually enforcing those laws as written.

      It's debatable whether the term should be shortened; many would argue it should be extended, as was done with copyright. Personally, I believe that patents and copyright were given the terms they were originally given based on how long it took to produce and circulate a work at the time that those respective laws were written; as both now take considerably less time, yes, I agree that the terms should be shortened.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    27. Re:Conversely... by Anonymous Coward · · Score: 0

      I don't see any evidence of that. Real inventors aren't generally motivated by the promise of a guaranteed monopoly and the ability to charge license fees. They are motivated by the thrill of coming up with ideas that might change the world. They are the Woz's of this world, not the Jobs and Gates.

    28. Re:Conversely... by king+neckbeard · · Score: 1

      Progress tracks MUCH more tightly to things like telecommunications, literacy, personal liberties, transportation, population, existing technological progress, and economy than patent law.

      If you don't believe me, put two groups of people on two separate islands. One has high speed internet access, a world class university, and access to modern technology. The other group has stone age tech and illiterate inhabitants, but has a really strong patent system. Which one do you think will produce more innovation?

      Patents are legal monopolies that create scarcity. Their original purpose (as letters patent) was about revenue generation and rewarding the king's friends. It's quite silly to think that they would have net positive effects in the role they've been shoehorned into, and the consistency with which patent proponents make such mind-bogglingly idiotic comparisons like yours suggests that they just haven't really thought about this in real world terms. Instead, they merely accept the same small set of talking points as gospel, and repeat them no matter how stupid it makes them look.

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    29. Re:Conversely... by thinkwaitfast · · Score: 1

      Patent abuse...

      What about patent theft? Most innovations come from startups. That is where almost all r&d comes from. What is to stop some giant corporation from simply keeping a lookout for new ideas and mass marketing a product using their substantial manufacturing capabilities when something new comes along before a startup can gain any market traction? It would be like Columbia Pictures watching independent film makers, finding a movie that they think could eb a block buster, duplicating the film reel and mass distributing it over Thanksgiving.

    30. Re:Conversely... by BronsCon · · Score: 1
      I, effectively, addressed your post before you wrote it. Here:

      we should, rather, amend patent laws in a way that prevents such abuse going forward.

      To elaborate on that, I suppose I really mean "enforce the non-obviousness and specificity clauses as they already exist" which, in reality, is what's no longer happening in many cases, allowing broad patents to be granted for things that are obvious to anyone skilled in the relevant field. Patent laws were specifically crafted to prevent this, and that wording still exists today; the problem is not with the law, but with its application.

      Don't blame the concept of the time-limited patent for the corruption of the administration. Fix what's broken, not what's not.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    31. Re:Conversely... by mi · · Score: 1

      You may be better off without the option.

      I may be. All I am saying is, I'd like it to be my choice, not yours and not the EFF's.

      As long as I'm entering into the contract with the manufacturer voluntarily, there is really nothing justifying your (and the EFF's) concern about it...

      --
      In Soviet Washington the swamp drains you.
    32. Re:Conversely... by thinkwaitfast · · Score: 1

      If I own a shovel and I'm shoveling wet rocks, I'll drill holes in it so that I'm not scooping up water with the rocks (saving me a lot of work).. If I don't own the shovel, I'm not free to do that. Perhaps the shovel owner uses the shovel to scoop up water and would be very unhappy with the modifications

    33. Re:Conversely... by king+neckbeard · · Score: 1

      I can't conclusively say "never", since a single incident would fail that threshold, but it would be such a rare occurrence that it would make no sense to base your system on that.

      Let me be clear. Patents as a means of undermining trade secrets is ridiculous. If I have a trade secret that I can reliably keep secret, I would be an idiot to get a patent. Thus, the pool of ideas that are patented are filtered for those that CAN'T be kept secret.

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    34. Re:Conversely... by thinkwaitfast · · Score: 1

      Patents only delay this for 20 years.

    35. Re:Conversely... by Anonymous Coward · · Score: 0

      No you are screwed. Not only do you lose the skill/ strength of manual digging, but also you have no power (right) to apply at-will the mechanical shovel. You casual fool - - - you have been enslaved vis digging holes !

    36. Re:Conversely... by thinkwaitfast · · Score: 1

      Patents are very easy to get around by someone knowledgeable in the field.

    37. Re:Conversely... by king+neckbeard · · Score: 1

      Assuming this pattern holds, th $20K adds up year after year, while the $5K does not. That means you have to weigh the costs of a year early versus $15K less in costs for year 2, and $20k less in costs in years 3+.

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    38. Re:Conversely... by BronsCon · · Score: 1
      Right, as I said:

      we should, rather, amend patent laws in a way that prevents such abuse going forward.

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      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    39. Re:Conversely... by BronsCon · · Score: 1

      Are you kidding me? How do you know whether patents actually make a difference?

      How far did we advance before 1790? How far have we come since then? When were patent laws introduced in the US?

      Our biggest advancements pre-1790 were in glassmaking and came in or after the latter half of the 1400's. Incidentally, Venice began granting a form of patent in 1450; care to guess what most Venetian patents covered?

      How do I know whether patents actually make a difference? Because there are literally centuries-worth of evidence that speak to the fact.

      On the other hand, we do clearly see lawyers prospering and small inventors and consumers suffering. That is counter to the spirit of patent law.

      We also see broad and obvious patents being granted, which is counter to the letter of patent law, at least in the US where we're seeing it. The problem isn't patent law, the problem is corrupt and/or incompetent administration. Incidentally, one of the primary causes of the collapse of the Roman empire (which saw great advancement post 500BC, when it began issuing patents) was a similar form of corruption. Again, not the fault of the patent, which history shows actually does encourage investment of time, money, and other resources in advancing technology and the arts, but rather the fault of poor enforcement of patent laws.

      --
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    40. Re:Conversely... by BronsCon · · Score: 1

      It can't be that rare of an occurrence if I know, first hand, of multiple occurrences. I don't exactly work in a field where it's patent ownership is common.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    41. Re:Conversely... by king+neckbeard · · Score: 2

      For starters, the big dogs are so big because of patents and copyright, so their absence would favor a more competitive market. Furthermore, the big dogs have enough patents that you can't build anything without infringing at least 100 MS/Apple/IBM patents.

      Patents are legal monopolies, and it's ridiculous to think that a system of monopolies is going to effectively protect the little guy.

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    42. Re:Conversely... by Anonymous Coward · · Score: 0

      Yes patents have helped advance progress in some areas historically, they have also hobbled it historically. The airplane, arguably one of the more visible advances in the past hundred or so years was initially stuck in the middle of a patent fight. If I remember it correctly there was the Wright brothers (bicycle manufactures) and a motorcycle manufacturer (can't remember his name) developing a heavier than air craft around the same time (as well as many others), the motorcycle manufacturer even offered to partner with the Wright brothers (providing his motors which were much more advanced). After both achieved flight the Wrights sued him for patent infringement (their position was anything that flew needed to come from them, except lighter than air craft of course). They fought it out in court for years, it took WWI and the government stepping in to settle the issue. After which the motorcycle manufactures (the patent "infringer") business flourished and the Wrights (patent holders) were consigned to history as one had spent those years innovating and the other litigating.

    43. Re:Conversely... by king+neckbeard · · Score: 1

      Yes, it can. You are confusing anecdotes for data, and ignoring the possibility of any alternative venue for learning the same information.

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    44. Re:Conversely... by Cmdln+Daco · · Score: 1

      I built a gate this afternoon, along the back fence of the dogyard. Because we're getting a new puppy on Thursday. Yesterday I bought some 1 x 6 treated boards and sawed them to length. This afternoon I went out and dug around in the junkbox parts and found enough screws and hardware to fabricate all that wood into a gate.

      So don't tell me I "can't build anything."

      I can also whip out the soldering iron and build a whole small computer for a needed purpose. For instance, to build a data acquisition node, for one of the many projects I have in mind. I licenses for all the software to create the code block to push into said small computer.

      Now, in a constructed world, which admittedly a lot of people on Slashdot seem to exist in, where everything is computer software, you might have a point. You might. I'll concede the possibility.

    45. Re:Conversely... by Anonymous Coward · · Score: 1

      Patents didn't exist for integrated circuits until 1989.
      The massive boom in development you are likely referring to is because of the lack of patents in a specific field. That is also why you can buy the circuits that were designed before that for next to nothing and from any vendor.
      Later designs are a lot more expensive and doesn't have the same availability.

      Sure, development in the field still happens but it is nothing compared to what happened before patents.
      These days there is also not much competition going on. The large companies have merged a lot the last decade.

    46. Re:Conversely... by BronsCon · · Score: 1

      You do realize that telecommunications came about in 1832, with the (patented) invention of the telegraph, right? Transportation became much more accessible and capable with the advent of the first consumer-available, mass-produced (and patented) automobile in 1908.

      As for literacy, anyone literate enough to read an economics book will understand that it's not worth the investment of time, money, and other resources to invent something in the commercial space when your competitors can undercut you from day one because they don't have R&D costs to recoup and you do. This is what patents are intended to address; without them, who would spend millions to bring you your $20 gadgets?

      Population? Yes, that number that is allowed to grow and flourish, in large part due to better quality of life, enabled by (patented) medicine and medical procedures. It costs billions to develop a drug; who has the money to do that more than once if they can't sell at a price high enough to recoup their R&D costs?

      With nobody investing in research and development and putting out new products, because that investment is a waste when your competitors (and I'm repeating myself now) can come in and undercut you on day one, since they don't have that overhead when they steal your work, who, exactly, is contributing to economic growth?

      All of the above were helped, not hindered, by patents.

      As for personal liberties, that one cuts both ways. If you're not allowed to invent, of course you can't invent. However, if you're allowed to leapfrog me in the market because I have to charge materials plus R&D plus some amount of profit, while you only have to charge materials plus some amount of profit, where is my incentive to invent? While you're partially correct, in that invention would cease absent the personal liberties which enable it, you're failing to see how not restricting personal liberties to prevent the immediate appropriation of someone else's ideas against their will very strongly disincentives invention and creation, often to the point where such activities ultimately become detrimental to those who carry them out. For an example, see the drug company reference, above.

      Now, if you want to talk about how patent terms are way out of line with modern reality, I'm game for that. In 1790, when the 17 year patent term was set, it was reasonable in that it often took many years to bring a product to market in any meaningful way; now that it can be done in months, and most products don't see more than a year or two on the market anyway (by which point R&D costs are recouped, money has been raked in, and the inventor has moved on to something else), a year or two might be a more reasonable term. Certainly, increasing the term to 20 years in 1995 was a mistake.

      The same, of course, applies to copyright.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    47. Re:Conversely... by BronsCon · · Score: 2

      Yes and no... Many patents are worded way too broadly, yet still granted. This is, indeed, a problem, as it prevents one from working around the patent. Of course, US patent law is written to prevent this, but it needs to be enforced as written in order to be effective.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    48. Re:Conversely... by BronsCon · · Score: 1

      Woz, as much as I respect the man, was only successful because of Jobs. Without the Jobs' of the world, bringing us packaged and ready-to-use products, the work of the Woz's of the world would be accessible only to the few who share similar knowledge and the ability to directly apply that knowledge. That is to say that, while Woz may have released his work into the public domain if Jobs hadn't been there to market it, you wouldn't be able to walk into an Apple store today and walk out with a fully functioning computer if he had.

      In fact, without the Jobs' of the world, it's highly likely that chip fabs wouldn't have been built and Woz would never have been able to build the first Apple computer. Without some protection for the millions (back then; billions today) of dollars of R&D that go into building a fab and actually producing a chip, nobody in their right mind ever would have done so. Patents provide that protection; what's your proposed alternative?

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    49. Re:Conversely... by king+neckbeard · · Score: 1

      I didn't say that you can't build anything. I said that you can't build anything without infringing a bunch of patents. And by 'build anything,' I mean build anything that is novel in regards to the state of the art (maybe read the parent post for context next time). My statement was primarily targeted at software (hence the reference to software companies), where this is more clearly the case, but it applies to many other fields where copyright and patents are widespread.

      The point wasn't about technical capabilities. It was stating clearly that the legal monopolies granted by patents put large companies at a competitive advantage against small companies and independent inventors/engineers/laborers.

      --
      This is my signature. There are many like it, but this one is mine.
    50. Re:Conversely... by BronsCon · · Score: 1

      The plural of anecdote is data; I have several, therefore I have data. There's really no confusion there. I'm also not ignoring the possibility of learning other information through other means; I'm acknowledging reality. If someone doesn't have the means to reverse engineer a product, and the schematics are not available, they have no other venue for learning how it works. If a product never physically exists, and the schematics are not available, there is no other venue for learning how it works.

      If I'm wrong, please, show me. I relish the thought of being wrong, it's a learning opportunity. I don't fear it, I welcome it, and will be quite grateful to you if you can prove it.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    51. Re:Conversely... by BronsCon · · Score: 1

      Are you implying that the wheeled suitcase was invented 1000 years ago, but nobody could make one because of a 17 year patent that couldn't have existed more than 227 years ago?

      In fact, it was not invented into 1970, with the patent being granted in 1972; it was available in stores before the patent was granted. Upright wheeled luggage was invented and hit the market in 1987, a full two years before the roll-flat luggage patent expired. Prior to roll-flat luggage, collapsible luggage carts were available; they were quite popular in the 1960's.

      No prior patent existed which prevented the invention or sale of the 1970 roll-flat luggage, and the 1972 roll-flat patent did not prevent the 1987 invention of the upright wheeled design, nor did it delay its entry into the marketplace.

      How did patents hurt us, here?

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    52. Re:Conversely... by parkinglot777 · · Score: 1

      I built a gate this afternoon, along the back fence of the dogyard. Because we're getting a new puppy on Thursday. Yesterday I bought some 1 x 6 treated boards and sawed them to length. This afternoon I went out and dug around in the junkbox parts and found enough screws and hardware to fabricate all that wood into a gate.

      So don't tell me I "can't build anything."

      I can also whip out the soldering iron and build a whole small computer for a needed purpose. For instance, to build a data acquisition node, for one of the many projects I have in mind. I licenses for all the software to create the code block to push into said small computer.

      You need to understand patents first. Your example has NOTHING to do with infringing a patent until you start distributing the "thing" or use it to make money, then patents can be enforced and strip monetary from you. If you implement anything but not distribute it or use it in any way to make money, then it is very unlikely that you would be sued for infringement because there is slim to no damage on the patent holder.

    53. Re:Conversely... by king+neckbeard · · Score: 2

      Correlation dose not equal causation. Things that happened after patents did not necessarily happen BECAUSE of patents. Even things that were patented cannot be assured to not exist in a hypothetical alternate reality without patents. You're just calling dibs on all the progress that happened after 1790 in the name of patents, as if that's the only and most important thing that has happened in the last few centuries (although I have no idea why you are using that date, instead of the 1624 date of the statute of monopolies. And even from the stance of an abolitionist such as myself, the SoM was a net gain, as it banned arbitrary monopolies, which are more harmful than patents. However, no patents at all would be the least harm). You take no consideration of things that don't exist because of patents. For all we know, in a world where patents didn't exist, we'd already be a Type I civilization or something close.

      Your problem is that you don't isolate variables, so your data is useless garbage. You just use simple correlation without even considering basic context. Complexity has been arguably growing at something like a logarithmic rate since the Big Bang, so it's not even unique to humans. By the terms of Carl Sagan's cosmic calendar, modern humans have only been here for 8 minutes, and yet even before patents, we went from spears to printing presses. Just basic life itself took from January to September, while we went from apes to humans on Dec 31.

      And you TOTALLY missed the point about personal liberties. Whether or not competition is too fierce for me to innovate without a legal monopoly is totally irrelevant if I'm a serf who can only be a serf, no matter how smart I am. You are trying to compare the technological progress of societies full of uneducated serfs to modern humans with modern technology, education, and resources. That isn't up to the standards of a 6th Grade science fair for control groups. You can make a sane argument that patents have had a positive net effect, but if you think patents are conceivably in the top 20 factors for progress, you are a moron. And if you don't even bother to try and control for those other, far more important elements, your words are nothing but pointless noise.

      --
      This is my signature. There are many like it, but this one is mine.
    54. Re:Conversely... by Anonymous Coward · · Score: 1

      Small minds discuss people; the smallest extrapolate themselves.

      The EFF's concern is with the pros/concs of the patent system at large. Not just today's, but tomorrow's. Some of us think beyond Me. Some of us think beyond Now.

      By all means, you can personally indulge whatever crony system you like, even after we build a new one, with no fucks regarding you.

    55. Re:Conversely... by king+neckbeard · · Score: 1

      You don't have anecdotal data on the scale necessary to make an effective evaluation. There are around 250K patent applications a year, so even if you know of a thousand instances, that's less than 0.5% of all patented innovations in the US, and patented innovations are only a tiny percent of all innovations.

      I could probably gather just as many anecdotes, if not more, of inventions inspired by Star Trek, let alone the entirety of science fiction. Can probably match you on accidental inventions as well. Yes, there may sometimes be information in patents that inspires another invention, and that information may only be in a particular patents, but patents as the exist are currently a horrible means of conveying such information (named inventors may not even understand their own patents),

      The disclosure of patents isn't any quid pro quo or public service. It's a practical necessity to prevent the same thing from being 'invented' 30 times.

      --
      This is my signature. There are many like it, but this one is mine.
    56. Re:Conversely... by Weaselmancer · · Score: 3, Insightful

      Well, the "whims" are all spelled-out for you and known before you pay for it, maybe it is not so bad...

      When is the last time you read an EULA?

      --
      Weaselmancer
      rediculous.
    57. Re:Conversely... by BronsCon · · Score: 1

      Go back and read that again. The lithographic masks (and, by extension, the physical layout of the chips) can't be protected by patents, but the manufacturing processes can be, and certainly were from day one. In 1989, an international treaty was signed which enacted copyright-like protections for those masks (and, by extension, the physical layout of the chips); however, the physical processes by which the chips are manufactured were (and still are as advances are made) covered by patents.

      Texas Instruments patented the manufacturing process in 1958. They largely ignored infringement until everybody started suing everybody else over it from 1962 to 1966.

      You can buy pre-1989 chips for cheap today because a 1989 manufacturing process patent would have expired in 2006 and a 1989 IPIC layout design protection would have expired in 1997. IPIC was replaced with some wording in a more recent WTO (TRIPS) treaty, which increases the minimum protection period from 8 years to 10, allowing WTO members to, at their discertion, offer protection terms of up to 15 years. This happened in 1995, so we even have open access to TRIPS-protected ICs designed between as recently as 2007 (and all of them designed before 2002).

      We even have open access to manufacturing processes as recent as 1997 (more than modern enough for anything less complex than a post-2000 CPU, and even good enough for many of those) and very permissive licensing on all but the newest processes. You wouldn't want to use the newest processes, anyway, unless you were involved in their development and have a fine-grained understanding of how to develop for them; lacking that, the older processes are actually better, as they allow you to make a working chip, something you can't do on the newer processes without that understanding.

      If you're going to quote history, at least know your history first. And, if you can't make it work with pre-2007 parts, I dare say you don't know what you're doing.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    58. Re:Conversely... by BronsCon · · Score: 1

      Correlation dose not equal causation.

      Right.

      Things that happened after patents did not necessarily happen BECAUSE of patents.

      And things that happened before telecommunications, effective transportation, strong economy, and even personal liberties (those are a relatively new phenomenon, remember) can't be said to track tightly to those things, either. Yet you made that claim.

      You're just calling dibs on all the progress that happened after 1790 in the name of patents

      And you're attributing progress that was made before 1790 to things that were not available until after. I, at least, have centuries of historical evidence backing my position. Venetian patents in 1450, most of which covered glass manufacturing processes, leading to massive advances in that field, which could have come about in centuries before, but didn't because... why? The many advances attributed to the post-500BC Roman empire, which could have come about in the centuries before the Greek patent system, bud didn't because... why? Your position, on the other hand, defies logic.

      although I have no idea why you are using that date, instead of the 1624 date of the statute of monopolies

      Because we are discussing US patent law, and the US didn't exist prior to 1776. That said, as I am referencing older patent systems as evidence of my position, I would consider it if it were anything like the patent systems I am referencing. However, it was not; the Statute of Monopolies required only that information be disseminated within a guild in order to be protected; that is, if the information leaked to, or a similar process or product was developed by another guild, the protected guild could prevent the use of that information or process, or the sale of that product. While the protections were very much the same, the requirement to enrich public knowledge was missing. You'll also note relatively slow progress in England, during the period when the Statute was in effect, when compared to regions which had proper patent systems in place; or, even, no patents at all. You'll also note faster progress coming out of places with proper patent systems, versus no patents at all.

      When you consider history and facts, it's all pretty clear, really.

      Your problem is that you don't isolate variables, so your data is useless garbage.

      The reality is that it is impossible to isolate the relevant variables, here. Your problem is that you ignore history and logic.

      You just use simple correlation without even considering basic context.

      Oh, I considered context; just because I didn't write a 1000 page dissertation in a fucking Slashdot comment, detailing every consideration I made, does not mean I didn't make those considerations. What's in it for me to do so? Winning some imaginary fight with some anonymous dick on a messageboard? Yay.

      and yet even before patents, we went from spears to printing presses

      Yes, and in 1400, when that progress was made, it took years to manufacture a single one and the manufacturer knew the buyer and their intentions before manufacturing even began. Fast-forward a bit and we can now build the while thing in hours, popping a new one off the assembly line in minutes; the entire process of reverse-engineering and tooling for production would take less time today than it took Gutenberg to build that first press. He'd have spent all that time and money, just to be undercut on day one; he'd be ruined, today, without protection of some sort.

      And you TOTALLY missed the point about personal liberties. Whether or not competition is too fierce for me to innovate without a legal monopoly is totally irrelevant if I'm a serf who can only be a serf, no matter how smart I am.

      Oh, no, I got that. I even addressed it directly when I said

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    59. Re:Conversely... by Anonymous Coward · · Score: 0

      So you think that inventors ought to keep all their inventions secret, in order to prevent their idea from getting ripped off? You'd better, because that's the alternative to patents.

    60. Re:Conversely... by BronsCon · · Score: 1
      Actually, you know what? I never argued that patents were "in the top 20 factors for progress". You, however, did argue the following:

      No, patents inhibit progress more than they promote it.

      Then, you later conceded:

      You can make a sane argument that patents have had a positive net effect

      Check and mate, my friend. Something can't inhibit progress more than it promotes it, while simultaneously having a positive net effect on progress. Again, you seek to defy logic or, at a minimum, wish to avoid admitting you've changed your position.

      Sorry I missed that in my original post, I'm tracking several different threads of this conversation and hadn't initially realized it was you who made that ridiculous claim.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    61. Re:Conversely... by Anonymous Coward · · Score: 0

      Indeed, repealing patents which do not follow the laws as currently written, which require a degree of specificity, lacking in many, and a degree of non-obviousness to a skilled professional in the relevant field, lacking in many others, would be the first necessary step in actually enforcing those laws as written.

      It is very debatable if that would do anything, or is even possible. I can see 2 scenarios: 1. patent holders change laws so that patents CAN be vague, 2. use case law where patents can be vague (i.e status quo). You are proposing that we roll back status quo, and assuming we won't end up in the same place we were before. Then you assume that activists won't bribe politicians to change the laws in their favor. History shows us that you propose a completely unrealistic scenario.

    62. Re: Conversely... by Anonymous Coward · · Score: 0

      Don't be silly. Take the john Deere patented software that controls their tractors that allow millions to be fed by hundreds.

      If not for that patent protection, tractors would never have been invented!

      QED.

    63. Re: Conversely... by Anonymous Coward · · Score: 0

      If I chain you to a fifty pound boulder, reasonable people will agree that it inhibits your ability to complete a marathon.

      If that boulder happens to roll down a hill after you drag it up one, one can argue that it aided your progress by viewing only that downhill section.

    64. Re:Conversely... by BronsCon · · Score: 1

      patent holders change laws so that patents CAN be vague

      In that world, do you think we'd successfully get rid of patents? Also, have you given thought to the implications of getting rid of patents?

      use case law where patents can be vague

      Case law that is contrary to the letter and spirit of the written law can be thrown out. It just takes a judge with a pair of balls to do it; just as it would require a judge with a pair of balls to enforce the existing laws in the first place.Then you ass

      You are proposing that we roll back status quo, and assuming we won't end up in the same place we were before.

      That is, in fact what I am proposing; and, it can actually be done if we get a judge or two to actually stand up for the law as written. As for the assumption, I'll refer you to your own point about case law, and what I said in response to that point. The difference, in my scenario, is that the case law which might be contested is actually supported by the letter and spirit of the written law and could not, thusly, be thrown out. It's not an assumption that it won't happen, it's a fact that, given substantive case law supporting the spirit and word of written law, it can't happen. Even if I'm wrong, we'd be no worse off than we are now, so there's no downside in trying.

      Then you assume that activists won't bribe politicians to change the laws in their favor.

      You assume I assume that. See scenario 1, as described in your previous post. Yes, it could happen, and we'd be no worse off than we are now if it did; there's still no downside in trying.

      History shows us that you propose a completely unrealistic scenario.

      History bears my scenario being much more likely to play out than the complete abolition of patents that others here are calling for.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    65. Re: Conversely... by BronsCon · · Score: 2

      If you run that marathon and I do not, but I am legally allowed to claim your marathon run as my own and reap whatever rewards your hard work may have sewn... well, actually, a marathon is a really bad analogy here as, for a lot of people, simply running in the marathon is the reward.

      Instead, let's have you spend billions of dollars and several years developing a new drug, which you have to sell at a price point of several dollars per pill in order to recover your costs in the time in which it is protected by a patent.

      Now, let's take away that patent and allow competition on day one. Competition who didn't spend billions of dollars on R&D and, as a result, can sell for pennies per pill.

      Do you still spend billions to develop that drug?

      Let's assume you'll say yes, because you want to save lives, you'll spend those billions out of the goodness of your precious little heart.

      You didn't have those billions when you decided you wanted to develop that drug. Those billions came from investors looking to turn a profit.

      The question, then, becomes can you still develop that drug?

      The answer, then, becomes no.

      Patent protection ensures that the drug company that developed the drug is the only source for the drug, at least for long enough that they can recoup their costs and repay investors, assuming the drug works. Does it get abused by drug companies to waaaaaaaaaaaay overcharge for essential medications? Of course it does! Would those essential medications even exist without patent protection? Hell no.

      That. Right there. That is how patents aid progress.

      And I'm making that argument from a very anti-western-medicine (as it's currently practiced, as least) point of view.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    66. Re:Conversely... by compro01 · · Score: 1

      Not even close to only 20 years. Evergreening tactics can at least double that.

      --
      upon the advice of my lawyer, i have no sig at this time
    67. Re:Conversely... by russotto · · Score: 1

      Yesterday I bought some 1 x 6 treated boards and sawed them to length.

      Yeah, about that. Those boards might have been made of the Fast-Gro (a trademark of the Brawndo corporation) variety of southern pine, a protected plant variant. Furthermore, that treatment process is patented (the EPA outlawed the public domain one). If this ruling stands, one or both rights-holders can insist that you use only their equipment to cut those boards to length. If you don't, your gate gets confiscated along with your house, sold to pay the penalties.

    68. Re:Conversely... by Theaetetus · · Score: 4, Informative

      They are written vague on purpose, because to be specific, would allow others to build upon your patent, and patent their improvements, locking you into a stale old way of building said invention, never able to improve it.

      This is precisely the type of abuse, by a handful of unscrupulous assholes (patent holders being, relative to the entirety of the population, a handful of people), which I propose we amend patent laws to prevent.

      And, by amend, I truly mean "actually enforce the laws as written", since they already require some degree of specificity.

      I am a patent lawyer, and I completely agree. My patents, of course, are clear and informative; but yes, there are many terrible ones out there. Frankly, it's partly unscrupulous assholes, but mostly incompetent and lazy assholes: to write a good patent application, you have to understand the invention... too many patent lawyers skip that step, take whatever the inventor sent them and slap some boilerplate "in some embodiments" language on it, and file it. Heck, you can still charge the same amount as a well-written patent, but can crank it out in an afternoon! What a world!

      Fortunately, the courts and the patent office are finally pushing back on this. Most of the "abstract idea" rejections under Bilski and Alice Corp and other related 35 USC 101 cases are really about badly written patents that claim "A method for doing something awesome, comprising: applying rules, by an expert computer system, to do something awesome." What rules? How does it achieve that awesome result? Fark if anyone knows... the person drafting the patent sure as hell didn't. The cases that are being upheld are the ones that go into detail about what calculations are being performed, how the thing works, the low-level specifics of what it does, etc.

      That said, patent law and courts and such are glacial. It'll be another decade and change before patents drafted and granted, say, 5 years ago, expire. And patent litigation with terrible patents will keep popping up over that time. But maybe by the 2030s, things'll start looking better. \_()_/

      It's debatable whether the term should be shortened; many would argue it should be extended, as was done with copyright. Personally, I believe that patents and copyright were given the terms they were originally given based on how long it took to produce and circulate a work at the time that those respective laws were written; as both now take considerably less time, yes, I agree that the terms should be shortened.

      Patent term has only ever been extended twice, and the second one wasn't a real extension (the change from 17-years-from-issue to 20-years-from-filing was based on an average 3 year prosecution queue, so the result is the same). Copyright has big money publishers on one side like Sony, Disney, Columbia, etc. wanting longer term and, what, pirates? The public? No money on the other side. So your bought-and-sold Congresscritter happily votes for term extensions.
      But in patents, Apple, say, wants longer terms for their own patents, but shorter terms for Google and Microsoft's. And vice versa. So you get this pressure on both sides, with no real imbalance in money and lobbyists.

      Incidentally, there's a safety valve in patent term already - patent owners have to pay maintenance fees that increase over the life of the patent, or it goes abandoned. Most patents in the tech sector are abandoned long before that 20 year term expires, because, after 10 years, say, they're obsolete. It's the pharmaceutical people who try to keep them alive until the very end, because of how long R&D and FDA approval takes. Increasing those maintenance fees would have the same effect of shortening patent term in fast moving industries while keeping it long where it's needed.

    69. Re:Conversely... by K.+S.+Kyosuke · · Score: 1

      They are written vague on purpose, because to be specific, would allow others to build upon your patent, and patent their improvements, locking you into a stale old way of building said invention, never able to improve it.

      So the better alternative is to make everyone unsure if they're violating the patent or not. ;)

      --
      Ezekiel 23:20
    70. Re:Conversely... by BronsCon · · Score: 1

      Thank you for affirming as much of my argument as you did and, also, for the corrections in the second half of that post. That's some good information, of which I was not aware. Out of curiosity, what are your thoughts on shortening the term (of both, but primarily patents, as that's your focus)?

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    71. Re:Conversely... by slew · · Score: 1

      Are you implying that the wheeled suitcase was invented 1000 years ago, but nobody could make one because of a 17 year patent that couldn't have existed more than 227 years ago?

      In fact, it was not invented into 1970, with the patent being granted in 1972; it was available in stores before the patent was granted. Upright wheeled luggage was invented and hit the market in 1987, a full two years before the roll-flat luggage patent expired. Prior to roll-flat luggage, collapsible luggage carts were available; they were quite popular in the 1960's.

      No prior patent existed which prevented the invention or sale of the 1970 roll-flat luggage, and the 1972 roll-flat patent did not prevent the 1987 invention of the upright wheeled design, nor did it delay its entry into the marketplace.

      How did patents hurt us, here?

      Well, maybe the patent hurt us because it obscures the history of "true" inventor of the wheeled luggage in 1958 one D. Dudly Bloom...

      Just because you patented it, doesn't mean you invented it.

    72. Re:Conversely... by slew · · Score: 1

      In fact, without the Jobs' of the world, it's highly likely that chip fabs wouldn't have been built and Woz would never have been able to build the first Apple computer.

      I challenge you to name a Job-esqe person that enabled the fab for the MosTech 6502 that were in the first Apple computer...

      The secret sauce of the 6502 wasn't anything about its design, but special techniques used by manufacturing group at Mos Technology used to manufacture the masks which greatly increased their chip yield resulting in a lower selling price (which convinced Woz to use the $25 6502 vs the more powerful 6800 at $175).

      The other side of Mos Technology's business was collapsing (the fixed function calculator business), and no amount of marketing was going to save it, so save the unsung technological advancements by Mos Technologies manufacturing group, there would be no Mos Technologies fab meaning there would be no 6502 for Woz to design into the first Apple computer and it would probably have cost a lot more than $666.66 and history may have never heard of The Apple Computer Company...

    73. Re:Conversely... by Anonymous Coward · · Score: 0

      It would be like Columbia Pictures watching independent film makers, finding a movie that they think could eb a block buster, duplicating the film reel and mass distributing it over Thanksgiving.

      This has already been done, it was called Pixels.

    74. Re:Conversely... by Pseudonym · · Score: 1

      As long as I'm entering into the contract with the manufacturer voluntarily, there is really nothing justifying your (and the EFF's) concern about it...

      If you want to freely enter a contract to effectively hire a smart shovel, that's your business. That, however, would not be a sale.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    75. Re:Conversely... by Anonymous Coward · · Score: 0

      If we could outlaw sociopaths, we wouldn't have a need for IP laws in the first place.

      Or laws in general, for that matter.

    76. Re:Conversely... by Theaetetus · · Score: 1

      Thank you for affirming as much of my argument as you did and, also, for the corrections in the second half of that post. That's some good information, of which I was not aware. Out of curiosity, what are your thoughts on shortening the term (of both, but primarily patents, as that's your focus)?

      I think patents are probably about right as is. As you note, some industries develop faster than others... but if you start basing patent term off that, then do you create different term lengths for every industry? Like pharmaceuticals get 20 years, but software gets 3? Airplanes are 15, but cars are 5? Given the number of industries and the fine delineations we could make, you'd end up with more law than the tax code... 8-bit retro indie video games get 7 months; but 8-bit retro AAA video games get 9 months... two legged walking robots get 4 years and eight months, three legged wheeled robots get 3 years and 11 months, etc. Congress would spend all of its time passing new patent term laws. And what about the cross-over technologies? Software for developing pharmaceuticals? Biological computers? Simulated cars for video games?! And what about a revolutionary new technology, where the patent is the first in a whole new industry? Hundreds of years? Or none?
      20 years seems like a pretty decent compromise, particularly with the maintenance fees. One thing that could help is additional maintenance windows... Right now, you pay your fees at 3.5 years from issue, 7.5 years, and 11.5 years (with the costs increasing each time). Many software patents are abandoned before hitting that 11.5 window. But what about 5.5, or 9.5? Or even annual fees, steadily increasing? That would help encourage shorter terms for patents that are obsoleted early.

      As for copyright, there are multiple parts there (copyright is often compared to a bundle of rights, with exclusive rights to make copies, distribute works, perform the work publicly, make derivative works, etc.). I think piracy - direct copies, identical to the original - is less morally defensible than, say, sampling, which falls under the derivative work umbrella. Like, if you make and distribute a copy of someone's album because you're too cheap to pay or whatnot, that's just wrong. Heck, at best, it's plagiarism. But if you sample their bass line and make a new song over it, you've created something new, and the world of art is enriched due to your joint contribution.
      With that in mind, I think that the term for a derivative work should be short - like 5 years. The original artist gets to do remixes, screenplays, etc. for that period, but if they don't, then it should be up for grabs - as source for further creative works. But pure copying? That term could stay as long as it is, frankly. Let the authors exploit their original work, but let others also improve upon it.

    77. Re:Conversely... by king+neckbeard · · Score: 1

      I didn't say a good, correct, or accurate argument could be made. I said a "sane" argument. You can claim that patents were a minor help towards technological progress. But, if you think, for example, that it was anywhere near as big of a factor as democracy, literacy, or public education, it's crazy talk.

      I'm not saying that I've changed my position. I am still an abolitionist, and I still believe that patents have never had a net positive effect. I'm just humbly requesting that you stick to the sane adult argument, not the Gene Quinn-ish patent lawyer circlejerk arguments that you've been making.

      --
      This is my signature. There are many like it, but this one is mine.
    78. Re:Conversely... by Lennie · · Score: 1

      Bla, bla, you are ignoring most of the fundamental research is funded not in the commercial space, but by the government.

      --
      New things are always on the horizon
    79. Re:Conversely... by king+neckbeard · · Score: 1

      And things that happened before telecommunications, effective transportation, strong economy, and even personal liberties (those are a relatively new phenomenon, remember) can't be said to track tightly to those things, either. Yet you made that claim.

      Those have actually happened in a number of more steps. The reason patent data is harder to isolate is that it's been pretty much a one-way ratchet, and patent systems either existed or didn't exist. Meanwhile, on the telecommunications front, we have papyrus to paper to printed press to telegraph to television to the internet. Each one of this changed the way humans communicate and learned in profound ways.

      And you're attributing progress that was made before 1790 to things that were not available until after.

      No, I'm not. I don't subscribe to your ridiculous scale where 1790+ = super fast progress and basically no progress afterwards. As I said, I see a pattern of increasing complexity that goes back to the beginning of the universe. Eukaryotic cells, now THAT is a clear point of serious change.

      I, at least, have centuries of historical evidence backing my position.

      You have centuries of data. However, it does not appear to actually back your position. Any time there were two otherwise similar countries, the one without patents, or even the weaker patent system, was the more innovative. Also, and this is very important, the ones without patents had much more competition and much less consolidation. That should be obvious, as patents are legal monopolies, and thus are very much anti-competition, but the pro-patent crowd likes to frame their very anti-capitalist system in capitalist terms.

      And... Just why were those serfs uneducated? Is it because their masters did not share information, perhaps?

      It's because they lacked rights, and were effectively slaves, or at least, slaves-lite. How deluded do you have to be to compare "not being slaves" to "able to receive legal monopolies"? If you wanted technological progress, and you had to choose between ending serfdom and patents, ending serfdom would be the only choice by miles. Everywhere a proper patent system has been put in place, progress has flourished relative to the time before, and relative to other regions which lacked patent protections.

      Except there isn't any evidence of that happening, other than England having a patent system while uncontacted hunter-gatherers did not. And that's where those obviously more important factors come into play. But with an otherwise level playing field, the data suggests the very opposite. Against Intellectual Monopoly has done plenty of data and analysis, which is more than I've every seen from ANY pro-patent argument.

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    80. Re:Conversely... by BronsCon · · Score: 1

      Woz wasn't interested in turning his creation into a business, he wanted to publish the schematics openly. Had Jobs not convinced him otherwise (making a concession in allowing him to publish technical information and schematics in the manual), history would never have heard of The Apple Computer Company.

      To clarify my point.

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      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    81. Re:Conversely... by BronsCon · · Score: 1

      Had Bloom patented it (he did not), in addition to failing to bring it to market, I might be inclined to agree that patents hurt that situation. However, not only did Bloom fail to bring the product to market, he failed to patent the idea, and we should all be damn glad for that, lest Sadow not have been able to bring his invention to market in 1970 due to Bloom's abandoned patent, which would have been valid until at least 1975.

      While invention is great and should be encouraged, it's really and truly useless unless it results in a usable product, which Bloom's invention (which differed greatly in design from Sadow's, mind you, so it is quite unrealistic to say Sadow did not invent) did not. As in the other thread re: Apple, perhaps a Jobs-esque personality could have stepped in and brought Bloom's invention to market, but that did not happen and, thus, nobody talks about Bloom luggage.

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      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    82. Re:Conversely... by BronsCon · · Score: 1

      Perhaps I am ignoring it because it's simply not true. What is your proof for this extraordinary claim?

      The internet? Built on privately held and developed communication infrastructure.

      The power grid? Privately held and developed.

      Military arms? Sure, that's largely government funded, but still patent protected; were it not, the government could lead one contractor on to develop a weapon, then take the plans to another contractor, who didn't have R&D costs to recoup, for cheaper manufacturing.

      Pharma? Private, and exorbitantly expensive to develop and bring to market without investors, who you won't find without some guarantee that, should the drug, treatment, procedure, or device be successful in its goals, money will come in. That guarantee is called a patent; without it, a company that didn't have billions invested in R&D for a drug could step in and start making that drug on day one, selling for pennies when the company that developed it has to sell for dollars. Does it get abused as an excuse for charging way more than necessary? Sure it does. The alternative, though, is nobody having funding to create these drugs, treatments, procedures, and devices in the first place. Without patents, we'd still have an average 40 year lifespan.

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      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    83. Re:Conversely... by BronsCon · · Score: 1

      Any time there were two otherwise similar countries, the one without patents, or even the weaker patent system, was the more innovative.

      And that's why post-500BC Greeks were the most technologically advanced and best educated society of their time, right? Because they didn't have patents? Wait. No. They actually did! They exchanged temporary protection of profit for public release of information, and the result was that everyone who was interested could learn from that information, leading to a more enlightened society.

      Also, and this is very important, the ones without patents had much more competition and much less consolidation.

      Yes, the competition was the guy who spent his time and money, and had R&D costs to recoup and, therefore must sell at a higher price to do so, versus the many other guys who stole his invention and did not have those costs. Do you not see how that disincentives invention? Yes, let me sink all of my time and my life savings into making something to improve the world, just so some asshole can come along and undercut me so I lose everything.

      There is still competition with patents; make something better. It's really that simple. Find a better way to do what I'm doing than I found. Hell, it really doesn't even have to be better, just different.

      Recent bouts of bad (vague and/or obvious) patents have undercut that a bit, I won't even argue that point. However, those can be fought and thrown out; and that's often what happens when such a patent is used offensively. If you're not inventing because you're afraid some dipshit with an invalid patent might sue you, the real reason you're not inventing is that you simply don't have ideas.

      The real question, though, is what would you rather have? A world with limited intellectual protection, where you might spend billions to develop a life saving drug, knowing that you'll make that money back once the drug hits the market? Or a world where nobody wants to put up those billions because they'll be undercut for pennies on the dollar right out of the gate, when you really need that drug.

      As someone who has to compete on that playing field, you know what? I'll concede to letting someone who spent their time and money developing something have a limited monopoly on it, during which I may find a way to improve upon their work. And, if someone finds a way to improve upon my work, more power to them as well.

      Sure, $20 gadgets could be $5 gadgets if they could be made by companies that didn't have to repay investors who put up R&D funding; but, then, who would invest in that R&D? We're well past the guy building a printing press in his garage, my thanks to Gutenberg for his contribution, and well into the era where your typical inventor can't bring a product to market without investors; and you can't get investors without some guarantee (no matter how tenuous) of profit. No funding = no R&R. No R&D = no gadgets, $5, $20, or otherwise. Or, are you proposing we only allow the wealthy to invent?

      Sorry, patents are a necessary evil today.

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    84. Re:Conversely... by BronsCon · · Score: 1

      You mean the arguments you've been attributing to me, as I've certainly never made them. I think we might be done here.

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    85. Re:Conversely... by king+neckbeard · · Score: 1

      You've certainly implicitly made them by your repeated insistence on comparison of pre- and post-1790 innovation. Also, by not making any attempts to decouple those other factors, you are reinforcing that idea, even if you try to deny doing so. When I think of important things in close proximity to 1790, patents don't come up, because the foundation of the United States of America is clearly orders of magnitude more influential.

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    86. Re:Conversely... by BronsCon · · Score: 1

      I also reference pre- and post-1450 Venice and pre- and post-500BC Rome. It is also worth pointing out that, if patents were a net negative as you claim, we'd see a decline where patents are introduced; and we do not. I never claimed they were a leading contribution to progress, let alone the leading contribution; those are words you put in my mouth. And here you are, trying to stuff them back in there again.

      Sorry, not gonna swallow that pill.

      Your argument was that patents were a net negative. I've shown plenty of evidence to disprove that. Pharmaceutical advancements, alone, are a net positive when weighed against all of the negatives; anything beyond that is simply icing on the cake.

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      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    87. Re:Conversely... by king+neckbeard · · Score: 2

      And that's why post-500BC Greeks were the most technologically advanced and best educated society of their time, right? Because they didn't have patents? Wait. No. They actually did! They exchanged temporary protection of profit for public release of information, and the result was that everyone who was interested could learn from that information, leading to a more enlightened society.

      Their system was closer overall to a chili cookoff than a patent system. Also, it wasn't the Greeks in general, it was the city of Sybarus, and primarily about culinary dishes. But the real advantage the Greeks had was that they had democracy. That's why you come off as so ridiculous. The Greeks had a much more advanced system of governance and created a number of new academic fields, allowing for great technological advances, and you're attributing it to a system that applied to food in one city.

      Yes, the competition was the guy who spent his time and money, and had R&D costs to recoup and, therefore must sell at a higher price to do so, versus the many other guys who stole his invention and did not have those costs. Do you not see how that disincentives invention? Yes, let me sink all of my time and my life savings into making something to improve the world, just so some asshole can come along and undercut me so I lose everything.

      The sole inventor is a myth. Innovation happens when ideas "have sex", and patents are roughly the equivalent of a condom. Patents may act somewhat as an incentive for putting resources into an individual improvement, but where technology actually grows is in a series of iterative improvements, and the patent gets in the way of those other improvements. Even within accepting the of patents as an inventive. There's also the well documented evidence that external incentives encourage tunnel-vision thought, while innovation comes from lateral thought. This is demonstrated by things such as faster solving of the candle problem by those without an incentive.

      The real question, though, is what would you rather have? A world with limited intellectual protection, where you might spend billions to develop a life saving drug, knowing that you'll make that money back once the drug hits the market? Or a world where nobody wants to put up those billions because they'll be undercut for pennies on the dollar right out of the gate, when you really need that drug.

      False dichotomy. You are also ignoring that most drugs these days are created in university labs with federal funding, and that the patent system encourages "me-too" drugs that would not be seriously sought if there wasn't a legal monopoly involved. If we took the federal funding we already have towards drugs, and cut out the dead weight of those me-too drugs, we'd end up producing about the same number of useful drugs (at free market instead of monopoly prices), and probably a little bit more.

      However, as you point out, the process is quite expensive. There can definitely be improvements made in the way we do so, but we don't, because Big Pharma likes that high barrier to entry. It keeps profits a good bit higher.

      Until those reforms happen, I would argue that medicine is one of the lowest priorities for patent abolition, and abolition may have to wait until we have such reforms. Not because patents are efficient, but because the system we currently have is so deeply rooted in patents that for the pharmaceutical industry, we're getting into TBTF territory. Also, drugs have the added benefit of being much more discrete than many other fields, since they have objective chemical formulas. This means that some of the most problematic elements of patents, such as thickets, are largely absent from pharmaceuticals.

      That said, I think we could probably move q

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    88. Re:Conversely... by king+neckbeard · · Score: 1

      I also reference pre- and post-1450 Venice and pre- and post-500BC Rome. It is also worth pointing out that, if patents were a net negative as you claim, we'd see a decline where patents are introduced; and we do not.

      Only if their net negative effect outweighed the effect of other factors, and both of the systems you mentioned didn't really cause major changes. It's actually really damn hard to stop progress, because its growth is typically exponential. There's a lot more progress during the "dark ages" than we admit, and we even had plenty of social progress during times when copyright only existed as a form of state/church censorship and propaganda. Pretty much the only time technological progress goes backwards is when there's a major confounding factor, such as the knowledge and skills lost in collapse of a major empire, or the exhaustion of resources vital to a technological process.

      Again, progress still happens even when there is concerted effort by powerful entities to stop it, so your standard of "there was still progress" doesn't make sense.

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    89. Re:Conversely... by BronsCon · · Score: 1

      My argument was not that there was still progress, it was that we did not see a decline in progress. That is, progress did not slow. A net negative is a decline; absent that, there is no net negative; there was no decline when patents were introduced; ergo, patents are not a net negative.

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      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    90. Re:Conversely... by BronsCon · · Score: 1

      You know, I was actually with you this time, right up until compulsory licensing. That's a gray area, at best. It's certainly something to discuss, but... consider that forcing the sale or licensing of an idea or product is, itself, a fairly strict control.

      I'm only up at the moment because I was woken by a client for a server issue (since resolved), so don't take what I'm writing here as my final word on this post; it's just a quick note to let you know: I hear you and I'll write something more thoughtful when I'm not encumbered by a sleep addled brain.

      It's rare to see a well-reasoned post like this on Slashdot, anymore; please, keep it up. I learn something every day; it's become increasingly rare for it to happen here, though.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    91. Re:Conversely... by king+neckbeard · · Score: 1

      You know, I was actually with you this time, right up until compulsory licensing. That's a gray area, at best. It's certainly something to discuss, but... consider that forcing the sale or licensing of an idea or product is, itself, a fairly strict control.

      It's not a strict control at all, unless you are only looking at this from the perspective of the patent holder. For everyone else, it's actually a shift towards a freer market, opening up competition and preventing abuse. The ultimate goal would likely be that medical research is government funded, and private pharmaceutical companies compete over production. So, the market of all drugs would look more like the market for aspirin.

      Now, to be fair, there are also some ridiculous rules for generic drugs, which is why Pharmabro was able to do what he did with that Toxo drug. Reforming that should also be a high priority, and the process for a new generic should essentially boil down to "are you producing the FDA tested chemical?" and "are your drugs tainted?"

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    92. Re:Conversely... by king+neckbeard · · Score: 2

      Okay, let's put it in more mathematical terms to try and clarify my meaning.

      Let's say that technological progress naturally has an exponential growth pattern y=x^2. The lengths of the Stone Age, Bronze Age, and Iron Age would support that notion well enough for it to be a passable placeholder for the real, much more complex numbers. On the other end, the much theorized technological singularity assumes a similar pattern.

      Patents are added in as a multiplier to the base rate of progress, so progress under patents(p) is y=(x*p)^2. For values where p > 1, patents accelerate progress. For values where p < 1, patents retard progress. But even with a formula where patents retard progress, progress still grows exponentially year over year.

      In linear terms, the 'distance' of progress is nigh irreversible, and you still need a very large confounding factor to slow the 'velocity' of progress for even a little while. What I am saying is that patents are slowing down is the 'acceleration' of progress. That has a very large cumulative effect, but If you only look at the system in terms of 'distance' or 'velocity,' you aren't going to be able to notice the difference.

      Plus, there's all those other factors to consider. If we take the US in 1790 for an example, the formula would be more correct by including a factor for having a constitutional democratic republic(d), so y=(x*p*d). Progress now accelerates for all values where p*d > 1, and if we assume that democracy is good for progress, that means that patents can have very bad performance and still appear to be helping. Rinse and repeat for every other major factor, and it starts to become obvious why comparisons outside of similar countries during the same time frame are not reliable data.

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    93. Re:Conversely... by pnutjam · · Score: 1

      Pure copying should be way lower. 40 or 50 years max. It should also be taxed as a asset after 20 years, if it's worth it, pay. If it's not, let it go public domain.

    94. Re: Conversely... by Anonymous Coward · · Score: 0

      For those who don't think the point above me is serious: Those of you who remember Da Vinci's machinery that didn't work? There's a leading theory he sabotaged them so no one else could build them without his knowledge. He purposely hid his blueprints and designs already, and given that he was likely paranoid about theft... Well, that's just one inventor who built things long before they were commonplace.

    95. Re:Conversely... by Archangel+Michael · · Score: 1

      In that world, do you think we'd successfully get rid of patents? Also, have you given thought to the implications of getting rid of patents?

      No. And Yes.

      We'll never because its in the Constitution, and that is next to impossible to change. And I have, and it is liberating of enterprise. I prefer "trade secrets" to Patents for protection anyway.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    96. Re:Conversely... by Archangel+Michael · · Score: 1

      Heck, you can still charge the same amount as a well-written patent, but can crank it out in an afternoon!

      Legal profession robots coming soon for this reason alone. Yes, good lawyers will always be needed, but most "lawyering" today is boilerplate legal forms and processes that can be replicated by a series of questions that pick which process one needs. We can get rid of most lawyers and and streamline the legal processes.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    97. Re:Conversely... by Archangel+Michael · · Score: 1

      If the situation is exactly the same up to the point of your two options, then there is a "Self digging shovel" available at some level in both situations. In situation #2, it isn't for sale, and unless you can conclusively promise shovel in one year, for only $5,000 then option 1 is still the only valid consideration. Further, if option 2 says there are no patents (assuming that is the change) then I can build a shelf digging shovel today for whatever price, and as long as the value I get out of it is better than before, I'll get my $20,000 shovel either way.

      1) 20000 for shovel get 30000 use from shovel in year one. Year two is how much (no answer in option 1) is it free, or nearly free? Does it cost 20K / year forever (unlikely) or what. Incomplete information leads to bad decisions.

      2) Can't buy Self Digging shovel (unknown reason). Promise that they will be available in a year for $5000 (if you believe vaporware promises)

      all the unknown variables make your assumptions useless, which is why I chose (and still choose) option 1. Based on the INFORMATION I have, it is the only real choice.

      --
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    98. Re:Conversely... by volmtech · · Score: 1

      Thanks to you I do not have to add to this subject. You express my opinion much better than I could. Bravo!

    99. Re:Conversely... by syntotic · · Score: 1

      Real problem is people with patents do not seem to UNDERSTAND what it is all about: they treat patents as a restriction on production and consumption instead of a freeing of the market, given a structure of payments to internalize externalities and grant incentives and prizes to innovation and some times to production (in addition to benefits). Teach this to the people who are holding and handling patents and it will go better for all! It is not correct to say: I want to make this but it has a patent and cannot... The right thing to say is: I want to make this but it has a patent and I have to pay... This may require more negotiation that normally implied in Capitalist markets... A solution would be to require patent owners to NOT engage in production of its patent product but to franchise (or better chosen term) to a ... of producers the actual production for the market. This would leverage the complain: I cannot make a profit after patents because all production players would be paying more or less the same rights and the patent owner would not be competing against his own interests by offering the same product, at the level of production it alone can produce, without the cost of patent rights.

    100. Re:Conversely... by syntotic · · Score: 1

      (am I wrong or this last idea is the typical matter for a Consortium?)

    101. Re:Conversely... by king+neckbeard · · Score: 1

      In situation #2, it isn't for sale, and unless you can conclusively promise shovel in one year, for only $5,000 then option 1 is still the only valid consideration.

      I can conclusively promise the shovel in one year in this, because that's an explicitly stated parameter of the stated options.

      1) 20000 for shovel get 30000 use from shovel in year one. Year two is how much (no answer in option 1) is it free, or nearly free? Does it cost

      20K / year forever (unlikely) or what. Incomplete information leads to bad decisions.

      There is an answer. It's $20,000 in year two. Option 2 is basically a $20k a year shovel rental, which matches the underlying metaphor.

      You are correct that I did assume that the pattern holds, but I explicitly noted that assumption in my argument. If the pattern doesn't hold, then it's more complex. But patents last 20 years, and shovels should ideally last a good while longer than 10 years, especially with such a high price tag. So, it's certainly a more reasonable extension than your claims that are explicitly defying the little information we already have.

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    102. Re:Conversely... by Cmdln+Daco · · Score: 1

      You'll need to demonstrate anything similar to your claim.

  2. IP law is in danger by Anonymous Coward · · Score: 5, Insightful

    The more it governs non-commercial activity the more it will be ignored. We are two generations in raising kids that think copyright is a joke and patents are mere excuses to sue.

    1. Re:IP law is in danger by Anonymous Coward · · Score: 0

      sorry, you are wrong. I think that now. So, we are 1.5 generations PAST that point

    2. Re:IP law is in danger by Anonymous Coward · · Score: 0

      Learn to read.

    3. Re:IP law is in danger by mjwx · · Score: 3, Interesting

      The more it governs non-commercial activity the more it will be ignored. We are two generations in raising kids that think copyright is a joke and patents are mere excuses to sue.

      What do you mean "two generations away". I'm nearly two generations older than today's kids and I know copyright is an utter joke that is routinely ignored. When I was young, non-technical people were already using Napster.

      The problem with copyright isn't with age, its with lobbyists and an industry's refusal to accept change. The content industry thinks that it is still able to lock up content like the good old days before the internet. Those days are dead and gone but copyright laws are yet to change from the times when copyright infringement was an organised crime (because of the investment in investment needed to manufacture large amounts of VCR tapes). That died in the late 90's when anyone could set up a DVD burning farm on a few hundred bucks of commodity hardware, however the laws have not changed at all. This is entirely due to the content industry lobbying to prevent it and as such, we have outdated laws that are being routinely ignored because society has moved passed them

      The content industry keeps pushing for harsher and harsher punishment for what is essentially a non-crime. This will never work in the long term and only prolong their demise. Just as online shopping has killed retailers who refused to adjust, the internet will kill the content industry who refuses to adjust.

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    4. Re:IP law is in danger by Killian35 · · Score: 1

      What do you mean "two generations away".

      He said "two generations in", not "away". So the past couple generations have already been thinking that way.

    5. Re:IP law is in danger by thinkwaitfast · · Score: 1

      Copyrights are not patents.

    6. Re:IP law is in danger by Anonymous Coward · · Score: 0

      I believe they meant what they wrote "two generations in" [to] raising kids who understandably don't respect the IP protections of copyright & patents.

    7. Re:IP law is in danger by BronsCon · · Score: 2

      He said "two generations in", as in "this applies to the current generation and the one before it".

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      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    8. Re:IP law is in danger by nightfire-unique · · Score: 1

      Well said.

      --
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  3. It won't matter by davidwr · · Score: 1

    If the Supreme Court rules against the patent-holder, they will still be allowed to use contract law to get what they want.

    So, instead of selling ink cartridges at a 20% discount to customers who agree to "no reuse" terms, they will rent the cartridges and sell the ink, essentially offering a "cartridge and ink supply only" service contract.

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    1. Re:It won't matter by Opportunist · · Score: 4, Informative

      Depends on the country you're in. Especially in consumer contract areas, laws in Europe very quickly void anything that could be considered an adhesion contract.

      How it is handled in the United Corporations of America, though...

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    2. Re:It won't matter by davidwr · · Score: 1

      How it is handled in the United Corporations of America, though...

      The court case is from the USA, er, I mean the UCA.

      --
      Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    3. Re:It won't matter by Rob+Y. · · Score: 2

      What are the odds of a 4-4 split on this - and what are the implications? I assume Gorsuch would be a pro-corporate, pro-patent vote. Don't know enough about Merrick Garland to say. But, hey, Hillary had a private email server!!!

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    4. Re:It won't matter by __aaclcg7560 · · Score: 1

      [...] they will rent the cartridges and sell the ink, essentially offering a "cartridge and ink supply only" service contract.

      That's already being done. I buy a replacement toner cartridge for my Brother laser printer. After I switched out the cartridges, I shipped the empty cartridge back in the same box as I got the new cartridge, print out a shipping label and drop it off at the post office. Hence, I "rented" the cartridge and kept the ink.

    5. Re:It won't matter by Anonymous Coward · · Score: 0, Informative

      I'm really sick and tired of you Euro-trash running your mouths about the United States. You have an order of magnitude more of your own smelly shit going on, but do you own up to it? Hell no you don't. Your shit stinks just as bad as ours does, maybe even worse since there are so damned many of you. Meanwhile without the U.S. the world would be in a more sorry state right now than it already is. So how about you knock that shit off already?

    6. Re:It won't matter by Anonymous Coward · · Score: 1

      Ahh, does the special snowflake need its safe space? Did the nasty words hurt its feelings then?

    7. Re:It won't matter by VorpalRodent · · Score: 2

      Excellent riposte.

      I, too, frequently cite Bunny v. Fudd (1948), in which counsel for the defense provided the nigh invulnerable "I know you are, but what am I" defense.

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    8. Re:It won't matter by Anonymous Coward · · Score: 1

      Heh, really... We should have handed the whole damn continent over to Stalin. Give them something to complain about then, maybe. Do they even have a clue of the irresistible force that it takes to maintain the peace over there? What's unfortunate is seeing the Americans being poisoned by their right wing claptrap. We're just redoing the 20s, but new and improved, with 50% more bullshit.

    9. Re:It won't matter by Anonymous Coward · · Score: 0

      And you think the US is good because of its insistence on establishing new "rights" for business at the expense of people? What particular form of brain damage are you afflicted with?

    10. Re:It won't matter by JesseMcDonald · · Score: 1

      After I switched out the cartridges, I shipped the empty cartridge back in the same box as I got the new cartridge, print out a shipping label and drop it off at the post office. Hence, I "rented" the cartridge and kept the ink.

      You're not renting the cartridge; it belongs to you. You may or may not get a credit towards the purchase of a new cartridge if you return your old one for recycling, but there is no penalty for simply keeping it. If you were renting the cartridge you would be obligated to return it eventually, whether or not you wanted a new one.

      There are cases where the container for a consumable really is rented; for example, if you need a small quantity of liquid nitrogen you'll generally want to rent a dewar to carry it rather than buying your own. (Liquid nitrogen is relatively cheap, on its own, but the dewars start at several hundred dollars.)

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    11. Re:It won't matter by __aaclcg7560 · · Score: 1

      You're not renting the cartridge; it belongs to you.

      Perhaps you didn't see the quote marks around the word "rent" in my comment?

      You may or may not get a credit towards the purchase of a new cartridge if you return your old one for recycling, but there is no penalty for simply keeping it.

      The penalty for keeping an empty cartridge is wasted space. I once cleared out a storage closet filled with 300 empty printer cartridges. Fortunately, every cartridge was inside a replacement cartridge box. Spent a day taping up boxes and slapping on shipping labels.

    12. Re:It won't matter by Anonymous Coward · · Score: 0

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      If you require a specific membership number for purposes such as framing, docking, or prestigious inclusion upon your VKontakte profile and coal-mining uniform, please take down this number: 69.

      Optionally, you may complete the following survey by replying to this post, indicating affirmative responses with an X in each appropriate box:

      GayWAD Membership Survey (OPTIONAL)

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      *Sorry, GayWAD membership kit no longer includes Ivanka Trump brand panties.

      **Arrival not guaranteed due to cuts in Postal Service budget.

    13. Re:It won't matter by kimvette · · Score: 1

      > What particular form of brain damage are you afflicted with?

      He's likely either Republican or Libertarian.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  4. Flamebait opinion piece, not news. by Ranbot · · Score: 0, Offtopic

    This should have never made it through Slashdot's initial screening. We've heard all the arguments for and against patents already.

    1. Re:Flamebait opinion piece, not news. by davidwr · · Score: 1

      It's from the Electronic Frontier Foundation's web site, that's almost the equivalent of a "diplomatic passport" when it comes to Slashdot.

      --
      Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    2. Re:Flamebait opinion piece, not news. by Anonymous Coward · · Score: 0

      This should have never made it through Slashdot's initial screening. We've heard all the arguments for and against patents already.

      What would be left of Slashdot if the flamebait were removed?

      Imagine no Donald Trump, AGW, or OMFG RUSSIANS!!!! stories...

    3. Re:Flamebait opinion piece, not news. by Opportunist · · Score: 5, Insightful

      Unfortunately it's still an issue. And it gets a bigger one every day.

      Patents were supposed to spur innovation by giving inventors an incentive to show their inventions and how they work instead of guarding them as secrets, so that others could learn from it and use the information learned to create more while the original inventor can enjoy protection for his invention for some time. This has been perverted and warped to mean that non-inventions and trivialities are being patented to stifle competition and ensure that cornering markets becomes a reality.

      This has many ramifications for both, customers and competitors. Yes, patents were supposed to grant you a monopoly for your invention for a certain time. What this has been turned into is that manufacturers use that lever to eliminate competition and keep people from actually owning what they buy. If you don't want to sell me something and only allow me to rent it, fine by me, but then call it RENT. With all the relevant obligations on your side that entails. But companies want their cake and eat it too, and that's simply not how our economy works.

      If you deprive me of a right I have, I will take that right from you. By force if necessary. If I buy something from you, I own it. And rest assured, I will not only find out how to claim ownership over things I buy, I will do my best to inform anyone who wants to listen how they can wrest their property from your stranglehold.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:Flamebait opinion piece, not news. by Opportunist · · Score: 2, Informative

      So, essentially, "You have food, you have shelter, what are you complaining about? STFU!".

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:Flamebait opinion piece, not news. by Anonymous Coward · · Score: 0

      Wrong. I would modify that statement to stress that I have nicer food and shelter than 99.9% of the people on the planet. Other than that, yes.

    6. Re:Flamebait opinion piece, not news. by Opportunist · · Score: 1

      So "you have better food and a nicer house than most others. Why do you want to own anything? STFU and consume more!"

      Did I get it right now?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:Flamebait opinion piece, not news. by Anonymous Coward · · Score: 0

      I guess at this point I would stress the STFU that you added. Without the extra stuff. :)

    8. Re:Flamebait opinion piece, not news. by skr95062 · · Score: 5, Insightful

      Unfortunately it's still an issue. And it gets a bigger one every day.

      You are correct, patents and copyrights are both problematic and will continue to be.
      Lexmark used the DMCA several years ago to do the same thing against Static Controls and re-manufactured ink cartridges.
      They lost then, now they are giving patents a try for the same thing.
      If Lexmark wins, we all loose.
      This will be just like John Deere is with their tractors, see the article titled "Why American Farmers are hacking their own Tractors" a couple of articles below this one. Spend 150K on a piece of Farm equipment that is not really yours, you are just renting it, if you use it for a purpose not authorized by them they will brick it.
      Pretty soon Ford, GM et al will be claiming that the money you paid for that sporty CAR is only for the right to drive it a specific way, on roads they tell you can drive on and you must take the vehicle to the dealer for service since you don't really own it, you are just renting it.

    9. Re:Flamebait opinion piece, not news. by Thelasko · · Score: 2

      We've heard all the arguments for and against patents already.

      The Supreme Court of the United States hasn't, and that's why this is a big deal.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    10. Re:Flamebait opinion piece, not news. by Opportunist · · Score: 1

      They'd be wary to say that you're renting. Renting entails that certain maintenance work has to be paid for by the owner.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    11. Re:Flamebait opinion piece, not news. by thinkwaitfast · · Score: 1

      If people would stop buying tractors from them, John Deere would lose. There are at least a dozen other manufacturers to chose from.

    12. Re:Flamebait opinion piece, not news. by xession · · Score: 1

      " I'm a wealthy individual in one of the wealthiest countries in the world. Why is everyone always whining about being poor or wanting to do things cheaply? Gosh! "

      - AC

    13. Re:Flamebait opinion piece, not news. by skr95062 · · Score: 1

      True, but who's to say that Case or International Harvester or any other farm equipment maker isn't going to try the same thing as John Deere.
      They may think John Deere got away with it, look at all the money we are leaving on the table and then go and do the same thing.

    14. Re:Flamebait opinion piece, not news. by skr95062 · · Score: 1

      True, but renting is the word that best comes to mind to describe what is happening.
      It is not really a lease, as when the lease is up you return the item or vacate the property.
      The whole point is that what Lexmark and John Deere are both saying is that you do not own what you bought and paid for they do.
      In the case of Lexmark they are using patents in an attempt to circumvent existing law.
      John Deere is using the DMCA in the same perverted way Lexmark did.

    15. Re:Flamebait opinion piece, not news. by nightfire-unique · · Score: 1

      "Why not both?"

      Because we live in nations under the rule of law, we can impose reasonable restriction on those who seek to profit from our vast array of shared resources and capital.

      The right to own and repair ones' property shall not be infringed. John Deere shall not impose upon owners, and will honour warranty obligations as required by law. Competitors shall be allowed to thrive, and service all hardware and software.

      If after all of that consumer protection you still have a problem with John Deere, then you can take your business elsewhere.

      But the two options are not mutually exclusive.

      --
      A government is a body of people notably ungoverned - AC
    16. Re:Flamebait opinion piece, not news. by Anonymous Coward · · Score: 0

      Oh, for fuck's sake.

      "Lose" is what you were born to do.

      "Loose" is how your mom is..

      Get it?

    17. Re:Flamebait opinion piece, not news. by Ranbot · · Score: 1

      Unfortunately it's still an issue. And it gets a bigger one every day. ..... {standing on soapbox} blah, blah, blah...

      Well spoken, but doesn't apply to my original comment that this submission is not news and is an opinion piece that only generates arguments between people, thus it's flamebait. I am not passing judgment on any specific opinion, just that this article should have never made it to Slashdot "news." No useful new information or understanding to how the law/society will handle patents is brought forth; it's just an excuse for the nerds to sling stones from their entrenched positions. The surrounding discussion proves this point.

    18. Re:Flamebait opinion piece, not news. by Anonymous Coward · · Score: 0

      >If Lexmark wins, we all loose.

      Jesus Christ, this error is so common that I'm seeing it more than the "there, their, they're" confusion that some people can't seem to get past.

      If 'loose' is the opposite of 'win', then how do you spell the opposite of 'tight'? Three 'O's, perhaps? Instead of sounding out the word and getting it wrong, apply some basic reasoning to the problem.

      This is grade-school shit, and I'm amazed how common it is, even among people that otherwise come across as intelligent and articulate. I see it all day on HN, for fuck's sake, and the level of discourse there is miles above what Slashdot has had for years now. Shocking.

    19. Re: Flamebait opinion piece, not news. by Anonymous Coward · · Score: 0

      My auto correct wants you to go to he'll.

  5. No patent by JohnFen · · Score: 1

    No patent in the world can restrict me from doing what I see fit with the things that I own. At worst, when it comes to resale, it can only affect how I do it.

    1. Re:No patent by Anonymous Coward · · Score: 0

      No patent in the world can restrict me from doing what I see fit with the things that I own.

      Actually, they can. Per U.S. Code 35 section 271:

      "(a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent."

      When you buy a patented invention, you can only use it as provided by terms of the patent. In most cases you can do with it whatever you want, but there can indeed be restrictions on use.

    2. Re:No patent by Mitreya · · Score: 2

      No patent in the world can restrict me from doing what I see fit with the things that I own.

      Yeah, I heard the same things about DMCA.
      It didn't restrict what you could do, but it did prevent others from building tools to help you do it.

      So you do whatever you want with that printer cartridge.
      But I hope you can build a custom fireproof printer, because printers you can actually buy will crash and burn trying to use "non-approved" cartridges.

    3. Re:No patent by JohnFen · · Score: 2

      No, they can't. They can make laws against it, but they can't stop me from doing it.

    4. Re:No patent by Anonymous Coward · · Score: 1

      They can do exactly that if a) they find out you are doing 'it' and b) Lexmark's case is upheld.

      If those two things are true they can use the entire force of the law against you if they wish. that's why this case matters.

    5. Re:No patent by Anonymous Coward · · Score: 0

      Well then you should have said "stop me" instead of "restrict me." :-P

    6. Re:No patent by fustakrakich · · Score: 2

      Yeah, just don't try to claim the insurance if you cut your arm off and burn the house down

      --
      “He’s not deformed, he’s just drunk!”
    7. Re: No patent by Miamicanes · · Score: 1

      Technically, they can. Licensing rights aren't recursive. If I buy some product that uses a licensed, patented part, then use that part to make something else, I could still be sued for infringement. Arguing that someone else already licensed it would get me nowhere.

      Courts have ruled that it's not necessarily infringement to repair a broken item, but IS infringement if the repair improves it beyond its original design. I think the key case involved a knife whose handle was prone to breakage long before the blade itself. Someone bought broken knives (and eventually, brand new ones), replaced the handles, resold them, and got sued for infringement because the new handles were substantially better than the original ones.

  6. goodbye jiffy lube hello $60-$100 dealer oil chang by Joe_Dragon · · Score: 3, Insightful

    goodbye jiffy lube hello $60-$100 dealer oil change.

    Just be lucky it's not a dealer with an $100 minute change for any service even just to get an estimate.

  7. Problem is a matter of Fraud. Rent vs Sell by gurps_npc · · Score: 5, Interesting

    Look, if I offered to sell you a home, but after putting down a downpayment you read the contract and it turned out to be a hundred year lease, you would be damn upset.

    But that's what the software people do. They are actually renting licenses with all sorts of secret provisions while the salesmen are using the word 'buy' or 'sell'.

    Every time you 'buy a license', it is you RENTING a license. It may be a 'lifetime' license, but that is what it is.

    The only people that actually 'buy' software or music are the people that buy the copyrights.

    We need a simple law that clarifies this point. Out law the use of the words 'buy' or 'sell' when dealing with a license - including physical products that include a necessary license, such as those evil John Deere Tractors.

    Then when some shmuck tries to sell a John Deere tractor, arrest them for fraud, as they are actually renting it to you for an unspecified amount of time. If they want to use the words 'buy' or sell', they have to include free-as-in-speech software on it. Otherwise, it is fraud, punishable by a fine.

    --
    excitingthingstodo.blogspot.com
  8. what about renting = the landlord pays for service by Joe_Dragon · · Score: 1

    what about renting = the landlord pays for service and upkeep?

    Will they be so willing to say you are just renting the software / car / device / etc?

  9. So you own it? by Tyr07 · · Score: 1

    If I don't own it then you can pay all associated recycling fees for the device, if it's left in places that are not appropriate you will be responsible for removal of it, if it's stolen you need to provide the replacement and you need to pay the insurance for it as well, since you own it, not me.

    It doesn't get stolen from me, it gets stolen from you. Since I paid for the use of the product within a warranty period, you can ensure I have it for that time regardless what happens to it.

    Sounds far fetched? So does the rest of the shit you guys are trying to do.

  10. Re:goodbye jiffy lube hello $60-$100 dealer oil ch by Anonymous Coward · · Score: 3, Informative

    John Deere tractors are already there.

  11. Just Another Means for Control by Anonymous Coward · · Score: 0

    It's not like these laws would be regularly enforced. It seems like it's just one way more to have control over the population. If the government wants an individual in custody for whatever reason, this would simply open up a path to investigate that individual and justify an arrest, even if they are law-abiding in every other aspect of their life.

  12. Re:goodbye jiffy lube hello $60-$100 dealer oil ch by Anonymous Coward · · Score: 0

    That's exactly what John Deere is doing, in essence, with their "ownership agreement".

  13. Re:goodbye jiffy lube hello $60-$100 dealer oil ch by Anonymous Coward · · Score: 1

    Pfft, that's old news. Try taking a BMW anywhere but the dealer. The damn thing can detect a non-BMW *battery* and lock itself out :/

  14. Re:goodbye jiffy lube hello $60-$100 dealer oil ch by portwojc · · Score: 2

    The vehicle has to be serviced at the dealer or the warranty is void. Saw that one myself just recently.

  15. Bastards. by tinkerton · · Score: 1

    There. I said it. Ok, that wasn't very deep was it...

  16. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  17. Software should not be patentable by zerofoo · · Score: 1

    Software is a written work like any other - it should be protected via time-limited copyright and that's it. This would go a long way to clearing the courts of patent trolls.

    1. Re:Software should not be patentable by Anonymous Coward · · Score: 0

      Actually, since written works are intrinsically public domain after that time expires, copyright should only apply to software whose code is in escrow for release.

    2. Re:Software should not be patentable by Anonymous Coward · · Score: 0

      Agree. Software protected with a copy-prevention system should not have copyright protection too.

    3. Re:Software should not be patentable by Anonymous Coward · · Score: 0

      Downside to that is that copyright lasts a lot longer than patents do...

  18. IP is reason why nice things can own us by Anonymous Coward · · Score: 0

    This is direct consequence of "Intellectual Property" shenanigans: once they pushed their way in immaterial world, they are now coming back to real world for our things, and finally for us ("our asses"). Someone smart here on Slashdot once wrote that concepts of intellectual property and real property are inherently incompatible and existence of one excludes possibility of the other. I tend to agree, and to add that concept of intellectual property goes against wider concept of freedom as well. It already killed freedom of speech, for instance. IP is modern slavery, only depersonalized and distributed. Obviously it was never meant to become what it is today - it happened only because it succeeded too much, and burned through to the other side, becoming self-sustaining source of unchecked power.

  19. Re:Problem is a matter of Fraud. Rent vs Sell by thinkwaitfast · · Score: 1

    The world is much more than software. I've worked at startups with easy to copy products that took years to prove out. Everything is easy once you know the trick of how to do it,

  20. Re:After reading the case by Anonymous Coward · · Score: 0

    BINGO! That is it exactly.

  21. Grasping patent owners can't bitch dead by Anonymous Coward · · Score: 0

    An historian observes that a dead patent owner cannot grasp for power. Will their intitled inheritors roll-dem-bones again ? Prolly not! Masturbative cowards taken as a class ! Don' wanna die young and kicked into the gutter. Street shoot-out? Long overdue with dibs to the yeomanry. Aggressive consumer self-interest kinda discourages the entire tyrannous meme. Property is a privilege granted by the culture for its own benefit, not an individual power to be exploited as-seen-fit , backed by the Gub'mnt gun-barrel! Got that ? Need a postcard palsy ?

  22. Liability by ISoldat53 · · Score: 2

    How would this affect liability. If an owner uses a product in a way not intended by the manufacturer is the manufacturer liable for the damages? I'm not talking about product defects but the use of products not intended by the manufacturer, i.e. using a lawnmower as a hedge trimmer. It seems like there should be some kind of protection for the manufacturer in these cases. I'm all for using the product as you see fit as long as you don't come after the manufacturer when it cuts your dick off.

    1. Re:Liability by JohnFen · · Score: 2

      It seems like there should be some kind of protection for the manufacturer in these cases.

      There is. If you use or modify a product in a way that isn't endorsed by the manufacturer, and that use or modification results in harm, the manufacturer is not liable. You are.

  23. Re:goodbye jiffy lube hello $60-$100 dealer oil ch by Anonymous Coward · · Score: 1

    Guess what part gets replaced next.

  24. Re:Problem is a matter of Fraud. Rent vs Sell by Dragonslicer · · Score: 4, Interesting

    We need a simple law that clarifies this point. Out law the use of the words 'buy' or 'sell' when dealing with a license - including physical products that include a necessary license, such as those evil John Deere Tractors.

    Then when some shmuck tries to sell a John Deere tractor, arrest them for fraud, as they are actually renting it to you for an unspecified amount of time. If they want to use the words 'buy' or sell', they have to include free-as-in-speech software on it. Otherwise, it is fraud, punishable by a fine.

    We don't need an additional law for that, we just a need a judge and/or jury to decide that it counts as fraud.

  25. Re:Problem is a matter of Fraud. Rent vs Sell by known_coward_69 · · Score: 3, Interesting

    difference is when you buy a house and screw something up it's on you to fix it yourself or pay someone. sometimes you might even get fined by your town or thrown in jail

    with a lot of this stuff people buy and then break it with cheap supplies or bad parts and then run to the manufacturer demanding warranty service. i've used cheap off brand toner in the 90's and when i got rid of it my HP Laserjet printers suddenly stopped jamming every other day.

  26. Re: Or why we pay too much for meds by Anonymous Coward · · Score: 0

    It's insane that people are unable to get treated because they have a choice of food or medicine. Ridiculous. Patents enable this corruption.

  27. Summary For those of us not following this? by 91degrees · · Score: 1

    Would be nice to have a summary of what Lexmark were doing and how they're actually applying patent law to do so.

    1. Re:Summary For those of us not following this? by Anonymous Coward · · Score: 1

      Lexmark has two sales channels for its patented printer cartridges: 1) you buy a full-price cartridge with no restrictions; or 2) you buy a discounted cartridge with the restriction that you may not refill the cartridge nor transfer it to anyone other than Lexmark. Companies such as Impression acquire used discounted, restricted cartridges, modify the cartridges to remove the single-use limitation, refill them, and sell them. Lexmark contends that that such is patent infringement, Impression argues that the doctrine of patent exhaustion prevents any finding of infringement.

      Patent exhaustion differs from first sale in copyright, but they have enough similarity for that to be a good starting point. Patent exhaustion, as a judicially-created defense, exists to prevent enforcement of patent rights in situations not intended by Congress. For example, if a patentee holds a patent on a widget, a method for making widgets, and a widget-making machine, patent exhaustion says that if they sell a widget-making machine, that machine must have been sold with the patentee's permission to make widgets and sell widgets- there's no point to the patented machine other than using the patented process to make patented widgets. However, because that is an implied permission, it is generally recognized that the patentee can explicitly deny that permission- it's just that in our example, nobody would buy the widget-making machine if it were clearly communicated to them that they would not have permission to make widgets.

      The case has hit the Supreme Court for one of three reasons: 1) to make people go ape-shit again on the 4-4 split thing; 2) to remind litigants that separate areas of intellectual property are in fact separate; or 3) to do something complicated about the reach of US patents into foreign markets.

      Very honestly, this is only a case that anti-IP zealots would come out on Impression's side on. These are not adhesion contracts- consumers literally have a choice to avoid the terms- and removing a party's ability to negotiate the terms of sale just because the articles are patented makes no sense.

    2. Re:Summary For those of us not following this? by 91degrees · · Score: 1

      Thanks. I can see how the decision makes sense based on that, although it does seem less clear cut if the device is patented.

    3. Re:Summary For those of us not following this? by 91degrees · · Score: 1

      Sorry - to clarify - it seems less clear cut if just the widget is patented rather than the means of making a widget. Unless the cartridge does maker something patentable.

  28. Re:goodbye jiffy lube hello $60-$100 dealer oil ch by iamgnat · · Score: 4, Informative

    Mag-Moss: Learn it. Love it. Shove it down your lying dealer's throat.

    While they are constantly trying to gut Mag-Moss and work around it with special tools that independents can't afford to stay up with, they still have zero legal power to void your warranty for having your car worked on by someone other than the dealer. They do, however, do an excellent job of convincing people that they can do it.

    The other one they like to try is convincing you of is that your whole warranty is void because you made some modification (e.g. lowered suspension, replaced the radio, etc..).

  29. If I buy something by p51d007 · · Score: 1

    I do with it as I d*mn well please. If not, I just won't buy it!

  30. Re:goodbye jiffy lube hello $60-$100 dealer oil ch by fnj · · Score: 3, Informative

    Ever heard of the Magnusson-Moss Warranty Act? Per federal statute, if you provide a full warranty at all, you are not allowed to require servicing only at dealer facilities. If the warrantor disclaims coverage due to alleged improper parts or servicing, even self servicing, he must prove that the outside servicing actually caused damage.

  31. Re:Problem is a matter of Fraud. Rent vs Sell by JohnFen · · Score: 2

    That issue is already well covered by terms declaring that such use voids the warranty.

  32. We have the power by Archtech · · Score: 1

    The remedy is in all our hands. Simply don't buy (or "buy") such products at all. The owners and managers of the corporations that sell them are in business for exactly one reason: to get as much of your money as quickly as possible, with an acceptably low risk of being imprisoned. (Technically known as "business").

    If we all stopped buying Lexmark products we would soon be hearing less of this nonsense. And please don't tell me that all printer manufacturers (or even most of them) would join in solidarity with Lexmark. They are about as loyal to one another as a bunch of sharks.

    "One thing more dangerous than getting between a grizzly sow and her cub is getting between a businessman and a dollar bill".
    - Edward Abbey ("A Voice Crying in the Wilderness”)

    --
    I am sure that there are many other solipsists out there.
    1. Re:We have the power by Anonymous Coward · · Score: 0

      That's not an option for people who think that they are entitled to all the things.

  33. Solution: TAX intellectual property as assets by DalM · · Score: 2

    A patent holder, trademark, copyright, or other intellectual property should have to pay an annual tax on that property as if it's an asset. This tax would allow the holder to self-determine the value of the asset (as the tax would be based on it's self-determined value) and thus set the min/max fines for infringement. If a company or person allows the tax to lapse, then the work should enter the public domain. That would do two things 1) fully fund (at least) intellectual property courts, and 2) discourage long term holding of less valuable intellectual property.

    1. Re:Solution: TAX intellectual property as assets by Anonymous Coward · · Score: 0

      How do you calculate the comparative value of one asset versus the other? Is this the value to acquire the asset and enforce against the market, or the value of a FTO license to the asset? The value of a handset patent license to Kraft foods is different than it would be to Apple. You are almost always starting with a percentage rate on an attributable revenue stream of licensee, even if boiled down to a lump sum. When does patent owner have to pay the tax? When they put a party on notice? When they make a demand? What if a licensee decides to delay until patentee is faced with this new, potentially overburdensome, tax?

      The USPTO also charges maintenance fees to keep assets alive over the 20 year period, albeit fairly small:

      1551/2551/3551 1.20(e) Due at 3.5 years 1,600.00
      1552/2552/3552 1.20(f) Due at 7.5 years 3,600.00
      1553/2553/3553 1.20(g) Due at 11.5 years 7,400.00

      e.g., IBM will pay $88m in fees on its 7000+ granted assets in 2015 over the next 20 years.

    2. Re:Solution: TAX intellectual property as assets by DalM · · Score: 1

      Ultimately how much the tax would cost would be a hotly debated topic in such a scheme. Don't have a clue how it would end up. In my ideal, I would allow the owner of the work to self-assess the value and allow them to pay whatever tax they choose. Then tie the awards for infringement to the self-declared value of the asset.

  34. Cancer Economics by JimSadler · · Score: 3, Informative

    Capitalism can become a kind of disease. Just like cancer, capitalism tries to expand its domain and take over everything that it touches. So here we have capitalism using patents to try to restrict the degree of ownership that a purchaser is allowed. The medical industry takes this sort of thing to new depths. The current Hep- C drug costs $80,000 in the US for the usual course of treatment. In India the identical drug costs $200... The fact that people in the US die for lack of that drug does not seem to bother the medical industry one bit. That is what patents and capitalism can do for you.

    1. Re: Cancer Economics by Anonymous Coward · · Score: 0

      It used to be "get your vaccines before you travel" and now is "when you travel get your vaccines, eye glasses, dental-bridge for cheaper"

    2. Re:Cancer Economics by Anonymous Coward · · Score: 0

      Capitalism is founded on a lack of coercive interference in the market, not the presence of it. Patent law, as explained by another post above, is decidedly anti-capitalism.

  35. "F**K THE POLICE" by Rick+Schumann · · Score: 1

    That's the only valid response to this whole subject. I buy something, it's MINE. Unless I'm reverse-engineering it to copy it and sell the copies, the manufacturer should stay the hell out of it. This applies to everyone across the board, including software (I'm looking at YOU, Miscreant-o-soft; get your dirty little fingers out of our computers, NOT YOURS!). How many of you are aware that farmers who own John Deere equipment are not allowed to service and repair them themselves, for instance? Auto manufacturers would love legal precedent like this, essentially putting a lock on the hood of your car or truck, and suing you if you so much as changed the oil without taking it to an 'authorzied service center' (extreme example, yes, but don't think they wouldn't welcome it). So far as selling something of mine to someone else: also nobodys' damned business. Do any of you really think the police want to have their time and limited resources wasted because they have to have a 'Craigslist Squad' to track down people selling used electronics? Bah. All of this is just another symptom of 'capitalism gone bad'. Just like an otherwise benign micro-organism in your gut, you feed it the wrong things or too much of the right things, it grows out of control and becomes a health problem. Things like in TFA are exactly like that: corporate America has been fed an improper diet for too long and is now becoming malignant. Time for for some legal and/or legislative antifungal.

    1. Re:"F**K THE POLICE" by Motherfucking+Shit · · Score: 1

      Do any of you really think the police want to have their time and limited resources wasted because they have to have a 'Craigslist Squad' to track down people selling used electronics?

      Frankly, yes; it's easy work. Look how much time they spend these days setting up prostitution stings on Backpage, surfing Facebook looking for pictures of high schoolers consuming alcohol, etc. versus actually being out in the community and walking beats. You can eat a lot more donuts sitting at a computer.

      --
      "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    2. Re:"F**K THE POLICE" by Rick+Schumann · · Score: 1

      "Your taxpayer dollars at work! Busting criminals who sell used video games!" Utterly rediculous.

  36. Re:Problem is a matter of Fraud. Rent vs Sell by Vektuz · · Score: 5, Interesting

    This is pretty much what turned me off on IP law in general.
    Copyright law and Patent Law are part of a bargain, a deal made where in the general public gives up some fundamantal rights, such as the right to copy things, (which you had the right to do before copyright law limited your rights to do so).
    The theory is that in exchange for giving up these rights, on a temporary basis, the good that comes from it is that the public gets access to a much larger library of public domain over time. That is literally the bargain. You give up your pre-existing rights to do what you want with your media and recordings and whatever, in the hope that in the longer term, more such works exist since creators have protection.

    This bargain was always supposed to be two sided. You give up your right to copy and a fair bit of tax money that goes into enforcement, and in exchange, after a brief period, the works become public domain.

    Look how that worked out. As soon as the public was locked into this deal, powerful IP mills started immediately eating away at their side of the deal, extending copyright duration into infinity, consolodating power, making it incredibly one-sided. At this point I'm willing to say that the old IP deals need complete cancellation, that replacing it with literally nothing would be better for the public.

  37. Re:Problem is a matter of Fraud. Rent vs Sell by Vektuz · · Score: 2

    Look, if I offered to sell you a home, but after putting down a downpayment you read the contract and it turned out to be a hundred year lease, you would be damn upset

    Haha, are you making a subtle joke here? Because in the vast majority of this nation, this is literally in the small print of house sales and is actually how it works. If you're surprised at this, then take another look at your small print. :)

  38. Situational Ethics by Jodka · · Score: 1

    from the /. summary:

    When you buy something physical -- a toaster, a book, or a printer, for example -- you expect to be free to use it as you see fit: to adapt it to suit your needs, fix it when it breaks, re-use it, lend it, sell it, or give it away when you're done with it. Your freedom to do those things is a necessary aspect of your ownership of those objects.

    Yet, whenever AirbnB is discussed here, a significant contingent espouses precisely the opposite principle, that the owner should not be free to use as he sees fit.

     

    --
    Ceci n'est pas une signature.
    1. Re:Situational Ethics by Anonymous Coward · · Score: 0

      While I agree that people are generally hypocritical, there is one major difference with most arguments about AirBnB: the "owner" is not usually the actual owner. They typically either rent the unit (possibly even with a "no subletting" rental clause) or purchased the property with a mortgage (making the bank the "owner"). Only when the property is fully paid off does the "owner" actually own it. I'm not making any assertions either way about the viability of AirBnB - just that it's not a good analogy.

    2. Re:Situational Ethics by Anonymous Coward · · Score: 0

      There is a difference between when your 'misuse' only effects you or effects random other people.

    3. Re:Situational Ethics by Anonymous Coward · · Score: 0

      Thats different and you know that.

      Some property owners using AirBNB are disregarding zoning and homeowners associations. You analogy only holds if the builder of the property was trying to restrict your usage, not if society is trying to restrict your usage.

    4. Re:Situational Ethics by silas_moeckel · · Score: 1

      HOA's are an evil blight on society and it can be extremely hard to avoid getting a house with one.

      --
      No sir I dont like it.
    5. Re:Situational Ethics by Anonymous Coward · · Score: 0

      purchased the property with a mortgage (making the bank the "owner").

      Holding a lien is not ownership. As long as you remain current with payments, the bank has no say in what you do with your property.

  39. Re:Problem is a matter of Fraud. Rent vs Sell by gurps_npc · · Score: 2

    Go talk to a lawyer. They will tell you that a) That's not how the law works. b) It works on a buyer be ware basis, c) it would have to be a Supreme Court judge to make it stick and d) laugh in your face.

    --
    excitingthingstodo.blogspot.com
  40. What Liability? by YuppieScum · · Score: 1

    When was the last time Ford, Smith&Wesson or even a maker of ammunition were sued when someone was killed by their products?

    --
    This sig left unintentionally blank.
    1. Re:What Liability? by Anonymous Coward · · Score: 0

      When was the last time Ford, Smith&Wesson or even a maker of ammunition were sued when someone was killed by their products?

      Ford? About 2013 if not later. https://www.cars.com/articles/2013/04/ford-lawsuit/
      Smith & Wesson? Last year. http://www.guns.com/2016/01/26/product-liability-suit-filed-against-smith-wesson-in-tn/
      Manufacturers are still basically liable for defective products. So yes, manufacturers do have a vested interest in making sure you're aware of proper and improper uses of their product, as one can't say a product is defective without acknowledging there is an intended use for it. And contrariwise, if you modified the laser sight or installed your own modified pedals, you and not the company is liable.
      (And yes, a pedant would point out my links are not about people being killed. The principles still apply.)

    2. Re:What Liability? by Anonymous Coward · · Score: 0

      Google knows. Did you even try to answer your question, or were you afraid that it might invalidate your naive assumption?

  41. Re:Problem is a matter of Fraud. Rent vs Sell by gurps_npc · · Score: 3, Insightful

    You have a solid point. To add to what you say:

    A) Patents are anti-capitalism. And so are similar IP issues, such as copyrights. Patents were created under mercantilism, and they were not for inventors, but for friends of the king. Later when capitalism came along, we needed some way to encourage invention in a free market society where competition was essential. They could have set up a simple 10% fee structure, but instead went for an unlimited patent system. Big mistake. But capitalism was strong enough to handle it in most of the early cases. But in time the patent holders expanded their power, particularly in life or death situations (pay what we demand if you want this life saving medicine - or die).

    B) The world has changed significantly since those IP deals were created, speeding up. What used to take 10 years now takes 1. The real time that would be appropiate for those licenses is measured in more like 5 years, not 50. I.E. most of the honest profit is made in the first 5 years, after that it's dishonest prevention of innovation.

    --
    excitingthingstodo.blogspot.com
  42. Re:Problem is a matter of Fraud. Rent vs Sell by Dragonslicer · · Score: 1

    I've worked with lawyers enough already, thank you very much.

    a) It depends on how the fraud laws are written. If the law says something like, "only the following specific things are fraud", then yes, it would require changing the law. If, however, the law is general, such as saying something like "any deception regarding the terms of a transaction", then that law can be applied to a case such as this one. To be honest, I don't care enough to look them up, and the specifics will vary by state anyway.

    b) As far as I know, "buyer beware" is not a law. In fact, if that were the case, fraud wouldn't be illegal.

    c) Maybe to make it a binding precedent across the entire country, but I doubt the Supreme Court would accept a case like this, so any lower court rulings would stand.

  43. tit by Anonymous Coward · · Score: 0

    The manufacturers should be forced to repay the money as soon as we no longer have use of the product.

  44. Re:goodbye jiffy lube hello $60-$100 dealer oil ch by Anonymous Coward · · Score: 1

    $100? Are you insane?

    Volvo dealers charge about $400 for an oil change..

  45. Re: Or why we pay too much for meds by BronsCon · · Score: 1

    Patents also encourage the creation of that medicine in the first place. Don't forget that no company is going to invest billions in the research and development of a drug when the first buyer can simply pop the pill into a spectrum analyzer, figure out what's in it, and, because there's no patent protection, make their own without spending billions; which, of course, enables them to sell it for pennies, while the company that actually did the work must sell for dollars.

    Does it suck that companies must charge a higher price to cover their R&D costs? Sure it does, but if their ability to recover those costs was not guaranteed, many fewer would bother. Do some companies abuse their monopoly position? Sure they do, but many also do not; it's not inherent in the position.

    How does Roche ensure that they, at a minimum, recoup the billions they spend developing a new drug, absent a patent? One way would be to charge billions for the first pill; that way, when someone reverse engineers it to make their day-one generic, Roche has already recouped their costs and can afford to compete on price. Can you think of another way? And, if not, who do you think is going to pay billions for that first pill? I'd venture to guess, nobody; but your shortsightedness blinds you to reality.

    All of that said, drug companies are scum and, really, the worst of the worst in this regard. Really, they're the only entities which worse represent the concept of the patent than patent trolls.

    Shortening patent terms to a year or so, as is more in line with how long it takes to get a product to market today versus how long it took in 1790 when those terms were set, would alleviate that issue to a large degree.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  46. Re:Problem is a matter of Fraud. Rent vs Sell by Anonymous Coward · · Score: 0

    Interesting ideas. My mind is being kinda rented though, by all the people trying to sell me stuff.

    So this just whooshes right over my head.

  47. First Sale Doctrine by AnalogDiehard · · Score: 1

    The First Sale Doctrine was a legal ruling to prevent these kinds of restrictions to consumers of products under copyrights and/or trademarks. The basic concept is that once the product is lawfully sold or even transferred gratuitously, the copyright owner's interest in the product in which the copyrighted work is embodied is exhausted. Regarding trademarks, it immunizes resellers from infringement liability as long as the product has not been altered so as to be materially different from those originating from the trademark owner.

    But there is no legal precedent to patents. I think a good legal argument can be made that the First Sale Doctrine should apply to lawfully traded goods which are under patent.

    --
    Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
  48. New Age Communism: Private Ownership is Dead by Elixon · · Score: 1

    Now you never fully own things. They are always co-owned by sellers/IP owners... You need to share your former rights with them. You must agree how will you share the thing you bought - if you want to use it, you can, if you want to fix it, only they can, if you don't need it then you must destroy it or return (you cannot resell many things like games and such)

    You don't really own things anymore. Marx is half-happy because we are half-way there!

    --
    Well, I've got to get back to work. When I stop rowing, the slave ship just goes in circles.
  49. Land Rover already does this by Anonymous Coward · · Score: 0

    You cannot just go to a jiffy lube if you have a Range Rover, you must go to the dealer for the $150 oil change. Their engines don't even have a drain plug!

  50. Nice! by nospam007 · · Score: 1

    I'd patent 'the knife' and forbid everybody from wounding or killing somebody or themselves with it and I would sue everybody who cuts himself.

  51. Re:goodbye jiffy lube hello $60-$100 dealer oil ch by apoc.famine · · Score: 3, Insightful

    My Toyota dealer charges $30. Comes with a pretty thorough inspection and a car wash. As far as I can tell, they haven't ever ripped me off. Didn't tell me my battery needed to be replaced until it was 8 years old and failed their load test. Offered to have a guy weld a hole in my exhaust for $200 rather than replacing the entire thing for 5-10x that much.
     
    Not sure if all Toyota dealers are like this, or if I'm just lucky to have found a great one.

    --
    Velociraptor = Distiraptor / Timeraptor
  52. Re:After reading the case by fustakrakich · · Score: 1

    this discussion is about "patent licensing" creeping into sales of goods as a way for seller to retain control over sold products.

    Yeah, but I think the word is 'lease'.

    --
    “He’s not deformed, he’s just drunk!”
  53. Re:Problem is a matter of Fraud. Rent vs Sell by xession · · Score: 2

    We need a simple law that clarifies this point. Out law the use of the words 'buy' or 'sell' when dealing with a license

    I disagree. We need to revise copyright law and adopt more of a copyleft law system. Copyrights do exist for a very necessary reason. If you are willing to invest time and money in making and delivering a product that people want, by all means, you should have a certain right to make back that investment and profit on your product. Nonetheless, copyrights should have a certain timelimit that runs out within a generation unless significant innovation by the copyright holder can be shown to retain that copyright; and no remastering every couple of years does not count.

    A society is strong when people are able to act freely in their innovation and creativity. Locking everything down assures that only a few are allowed to rise to the top, which is why they like it that way.

  54. Pursuits.. by lionchild · · Score: 1

    In the US, if you still subscribe to the Declaration of Independence, these patent law findings potentially infringe on the 'pursuit of happiness' to tinker and modify, so long as they aren't infringing on the personal rights of others. If these are indeed, "unalienable Rights," then even due process shouldn't be able to easily wipe them away.

    I'm probably wrong from a legal perspective, but it sounds like the 'right' answer to me.

    --
    Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
  55. If the law supports restrictin my rights by jenningsthecat · · Score: 1

    If the law supports restricting my right to repair, modify, and re-purpose items which I have purchased with my own money, then SCREW THE LAW. If I bought it and paid for it, then, short of using it for the purposes of harm or fraud, I'll do whatever the fuck I please with it, and I'll move heaven and earth to repair it myself if I'm so inclined, regardless of any "agreements" to the contrary forced upon my by evil slime buckets such as John Deere. Piss on them, and piss on any lawmakers who support them. May they all rot in hell.

    --
    'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
  56. Re:After reading the case by Anonymous Coward · · Score: 0

    You're getting affirmation of your understanding only from anti-IP types. (See use of "leasing.") Lexmark sells under two different schemes: 1) you pay more and can do whatever you like, or 2) you pay less and agree not to refill and to transfer the cartridge only to Lexmark. People are essentially buying two different products.

    A company that acquires the used restricted cartridges, removing the single-use-limiting chip to refill and resell them, argues that it has the right to do so in spite of the restriction and being aware of the restriction. To my mind, this makes it more about sales than anything else. I suppose I can understand that there are people who want all sales unencumbered by anything, but I think that's just not how the world works. Why should the existence of a patent remove terms of sale? Would we say, sorry, I know I signed a financing agreement, but this is a patented article so I don't have to pay you?

  57. Re:Problem is a matter of Fraud. Rent vs Sell by totallyarb · · Score: 1

    Look, if I offered to sell you a home, but after putting down a downpayment you read the contract and it turned out to be a hundred year lease, you would be damn upset.

    Dunno about America, but in the UK that's exactly what does happen, and nobody is particularly upset. I "bought" my house on a Leasehold basis; after 125 years, ownership reverts to the Freeholder (or, more likely, the lease is extended for a fee). The property was described as "For Sale", but with "Leasehold" prominently displayed on the advert. I was happy enough to go through with it, because although it won't increase in value as fast as a Freehold would, that difference was priced in to the initial "purchase" price. Nobody has any problem describing that as a "sale", and it's certainly not fraud; it's just a different type of contract. I guess technically what was sold was not the property, it was the lease contract to the property. But if both parties are fine with the arrangement, what's the problem?

    --
    -- Note to Mods: There is a good reason there's no "-1 Disagree" option. --
  58. Re:goodbye jiffy lube hello $60-$100 dealer oil ch by swb · · Score: 1

    The problem is, does screaming legalese and acts of Congress when you're standing there in the dealership to pick up your car (late for daycare pickup or something) and some low-wage flunky is telling you that you owe $1,787 because the repair isn't covered by the warranty really get you very far?

    Sure, you might be *right* but they can say no, not give you your car back until you pay, and generally make your life miserable until you sue them and then they can drag that out until it costs you 10x what the invoice was.

    I recently had some work done where the invoice exceeded a written estimate by 20% and explaining the fact that such an overage is illegal in this state really was not effective. They were literally more afraid of me screaming on social media or disputing the charge on my card than they were in breaking the law.

    The legalese is great idea, but unless you can call the cops and get somebody arrested for violating consumer protection laws, the imbalance between a large business and the average consumer is so great that its almost like having no protection at all.

  59. Upstream Licensing issue by Anonymous Coward · · Score: 0

    It should be on the mfr to indemnify downstream customers, license the patent portfolio, and properly draft the license to eliminate the possibility of enforcement against its customers for a product it is selling (with knowledge that it may infringe these patents).

  60. Re:goodbye jiffy lube hello $60-$100 dealer oil ch by gander666 · · Score: 1

    Honda dealers in Tucson Arizona were like this too. Then I moved to California and, well, let's say that the dealers were rip-off artists. It varies by state, but yeah, some are pretty competitive.

    --
    Suppose you were an idiot and suppose you were a member of Congress ... but I repeat myself. - Mark T
  61. Re:goodbye jiffy lube hello $60-$100 dealer oil ch by Anonymous Coward · · Score: 0

    You inadvertently raise a good point, which is that patents are actually irrelevant to the OP's primary complaint - the ability to own things outright rather than being able to license them. That's a matter of contract law, not patents. A car dealer or manufacturer could impose such restrictions today on any car, whether or not the car is patented.

    The issue in the Lexmark case is whether the patent holder's rights end when a product is licensed in this manner.

  62. Track down lawyers by Anonymous Coward · · Score: 0

    Track down lawyers, shot down with two bullets in the head, a stake in the heart, cut their head, burn the corpse and the head separately, and them bury them in a cave were the stone cannot be moved, lest they return in three days.
    Problem solved, and a happier world.

  63. Re:LAW is in danger by Anonymous Coward · · Score: 0

    All law is in danger. Respect for the law as something good was already gone by they time I came into this world. There are too many absurd laws (both on the books and enforced) for any thinking person to have much respect for the absolute rule of law in modern America.

  64. Patent searches for product purchases? by ukoda · · Score: 1

    One problem with making a new product is the patent searches. You have to try and locate any potential patents you may be infringing before a product reaches the market place to protect from future infringement issues. The catch of course is you may still be infringing something you missed, and hit up for damages. It is PIA process.

    My concern is if patents can be extended to control end users then how is a purchaser to know they are at risk of this? A buyer of printer is not going to do a patent search on a printer as it too much work to to evaluate if patents may apply to their potential purchase and if it could be used in this way. Even if you were to do this you could still be at risk of missing something. I just can't see any way this could be reasonable. There is just too many ways this could be abused and companies like Lexmark and HP have already shown they see no limits to how they control consumables purchases.

  65. the rent a car places do poor maintenance and bill by Joe_Dragon · · Score: 2

    the rent a car places do poor maintenance and bill the renter who is renting the car at the time it brakes down unless you buy that high cost damage coverage.

  66. Re:goodbye jiffy lube hello $60-$100 dealer oil ch by Anonymous Coward · · Score: 0

    Welding the hole in your exhaust should have been about 30-60$

  67. Eww Patents by Neuronwelder · · Score: 1

    Patents have become the slimy anchor, that keeps innovations, progressions, and stifles us from doing anything good! (Originally, they were given for a number of years and then expired. This gave the company a chance to recoup the money invested in research, development and production of the product. Patents used to be a good thing.)

  68. Re:goodbye jiffy lube hello $60-$100 dealer oil ch by Anonymous Coward · · Score: 0

    It's only that price because Jiffylube and others exist.

  69. Not too radical alternative by Anonymous Coward · · Score: 0

    The state should buy the patent, this would encourage only legit patents to be accepted, no bullshit like gluing X to Y and calling it innovation. This would guarantee inventors get money, weither or not it's economic. If your patent is accepted you get your patent fees back. Then patent is freely available to citizens of the government that bought it.

    Big patent players wouldn't like this, but it fulfills the intentions of patents, to insure free flow of ideas and people getting paid for them.

  70. Re:goodbye jiffy lube hello $60-$100 dealer oil ch by q4Fry · · Score: 1

    Not sure if all Toyota dealers are like this, or if I'm just lucky to have found a great one.

    You may have found a great one, but it's also possible that it's a loss leader to entice you purchase your next car from them (and to word-of-mouth advertise for them). Their agreement with Toyota to be a dealer requires them to have mechanics, but those mechanics are not always doing useful work. If they can subsidise a sunk cost (at times that are convenient to them) and perhaps parlay it into a vehicle sale, that's a good business decision.

    Altruistic or not, you're lucky to have them.

  71. No... by Anonymous Coward · · Score: 0

    People would still invent things anyway.

  72. OOOOH An EEEEVIL corporation story by MooseMiester · · Score: 1

    If you bother to read the actual story it's about ink cartridges for printers. Lexmark says If you refill our cartridges with non approved ink we can't guarantee the printer will work. This sounds pretty reasonable to me. The way the printer business works is they sell you printer at a loss and make up the margin on the cartridges. So a smart consumer will price the cartridges and the ink before they buy the printer, end of story, your righteous indignation not required.

    --
    Murphy was an optimist