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Mark Cuban: If you want to see more jobs created -- change patent laws

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Re: Mark Cuban: If you want to see more jobs created -- change patent laws

#91

This is more of a thought on Google's awkward situation rather than patent laws in general: What if the DOJ scrutiny around the Nortel patent bundle went well for Google and Apple/Microsoft etc were forced to put essential patents in a pool and license it to other vendors under fair conditions? As Google's CLO said, it still does not give Google the weapon to negate Oracle or Microsoft or Apple's IP lawsuits. What if…

It already went well ..according to Google Lawyers that has already happen with MS..namely they were forced by DOJ to divest of those patents bought through that deal and the Patent holding company was forced to license to open source at reasonable rates

Re: Mark Cuban: If you want to see more jobs created -- change patent laws

#92
For one, patents are not only serving technology companies. Drug companies live ad die by their patents. A new drug cost that much to develop if without a patent protecting it, it would have not make any business sense to even develop new drugs.

Re: Mark Cuban: If you want to see more jobs created -- change patent laws

#93
post #58

Earlier quoted context omitted.

Intellectual "Property Tax". Have everyone declare the value of their intellectual "property" (patents, copyrights, trademarks) - each and every item, for that year, on their tax return, and have them pay 1% of the value as "IP tax". That amount is what one pays for a compulsory license or if successfully sued, and up to 3 times that for willful infringement, per year -- and no more. (But of course, patent owner can…

It sounds like a good idea, I'm not sure, however, how it would work across international borders. A physical property is clearly somewhere and that's where it gets taxed. What would stop people from "moving" their intellectual properties to "IP tax heavens"?

The ability to sue. No tax to America, no suit in American court

Re: Mark Cuban: If you want to see more jobs created -- change patent laws

#94
post #58
post #4

All right, so we all agree that software patents are a problem. So what do we do? A). Abolish software patents. Existing software patents, or parts of patents that govern software, are nullified. B). ??? Personally, I'm fine with A, but I would like to hear a really good B. Anyone? Bonus points: Provide a list of ~5 software patents that are "good" software patents. Something were granting the patent led to innovatio…

Intellectual "Property Tax". Have everyone declare the value of their intellectual "property" (patents, copyrights, trademarks) - each and every item, for that year, on their tax return, and have them pay 1% of the value as "IP tax". That amount is what one pays for a compulsory license or if successfully sued, and up to 3 times that for willful infringement, per year -- and no more. (But of course, patent owner can…

I love this idea. I can't own a house or a car without paying tax on it every year. If they insist that its intellectual "property", then they'd best start treating it like property.

Re: Mark Cuban: If you want to see more jobs created -- change patent laws

#95
post #83

Earlier quoted context omitted.

Something I would add to this list: require that patents be actively enforced in order to remain valid, similar to copyright and trademarks. This would prevent submarine patents.

There's no such requirement for copyright.

There is if you want to keep the copyright. If someone copies your copyright and you knowingly do nothing about it, you'll lose it.

Re: Mark Cuban: If you want to see more jobs created -- change patent laws

#96
post #4

All right, so we all agree that software patents are a problem. So what do we do? A). Abolish software patents. Existing software patents, or parts of patents that govern software, are nullified. B). ??? Personally, I'm fine with A, but I would like to hear a really good B. Anyone? Bonus points: Provide a list of ~5 software patents that are "good" software patents. Something were granting the patent led to innovatio…

B) Remove all intellectual property laws period. Not just patents for software, but all patents, and copyrights, and trademarks.

You might think at first this would lead to chaos. I don't think it would. I think it would make the world radically better. I can show this would work if you're curious.

Re: Mark Cuban: If you want to see more jobs created -- change patent laws

#97
post #95
post #83

Earlier quoted context omitted.

There's no such requirement for copyright.

There is if you want to keep the copyright. If someone copies your copyright and you knowingly do nothing about it, you'll lose it.

You're mistaken. There is no certainly such "abandonment" clause under international copyright law (which binds most countries), and I doubt any individual country as such a law either.

There are countless examples where copyright has only been defended in specific cases long after the copyright infringement was known of. Notable examples include the song "Happy Birthday" and the Amiga Kickstart ROM.

Feel free to provide any evidence for your opinion if you believe otherwise though.

Re: Mark Cuban: If you want to see more jobs created -- change patent laws

#98

For one, patents are not only serving technology companies. Drug companies live ad die by their patents. A new drug cost that much to develop if without a patent protecting it, it would have not make any business sense to even develop new drugs.

Cuban wasn't specific but I'm pretty sure he was referring to just software patents.

Re: Mark Cuban: If you want to see more jobs created -- change patent laws

#99
post #4

All right, so we all agree that software patents are a problem. So what do we do? A). Abolish software patents. Existing software patents, or parts of patents that govern software, are nullified. B). ??? Personally, I'm fine with A, but I would like to hear a really good B. Anyone? Bonus points: Provide a list of ~5 software patents that are "good" software patents. Something were granting the patent led to innovatio…

B) Remove all intellectual property laws period. Not just patents for software, but all patents, and copyrights, and trademarks. You might think at first this would lead to chaos. I don't think it would. I think it would make the world radically better. I can show this would work if you're curious.

I could never find Coca-cola again.

Re: Mark Cuban: If you want to see more jobs created -- change patent laws

#100

Earlier quoted context omitted.

B) Remove all intellectual property laws period. Not just patents for software, but all patents, and copyrights, and trademarks. You might think at first this would lead to chaos. I don't think it would. I think it would make the world radically better. I can show this would work if you're curious.

I could never find Coca-cola again.

A lot of people wouldn't like Coca-cola scammers. They'd want the real Coca-cola. And these people would be willing to pay a small premium for it. So stores would have an incentive to sell the real thing. A lot of stores would probably refuse the sell the scam Coca-cola.

But a lot of other people wouldn't care, and they'd happily drink the scam Coca-cola which tastes just like the real thing, but is made by somebody else, and is cheaper.

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