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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

#111

Post by randomdata »

notJim wrote: post #69

I'm sorry, but this is completely absurd and startlingly naive as a solution to the unemployment problem. The limiting factor on the number of people with programming jobs is the number of people capable of filling those roles. There simply are not competent developers who are having trouble finding work right now. If you want to talk about creating high-paying jobs that will allow the US to be more competitive and p…

I wrote about this under another thread: http://news.ycombinator.com/item?id=2853308

The problem isn't that the workforce can't be programmers, or other technology related discipline. Entry-level programming skills can be picked up in days by virtually anyone. The problem is that, unlike the jobs of the past, there is no force to drive companies to hire anyone but the very best.

If every single person in America knew how to program, they still wouldn't be working, because the companies would hold the position open until someone who is better at programming is available.

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

#112

Post by Astrohacker »

jpdoctor wrote: post #108
ender7 wrote: 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…

> All right, so we all agree that software patents are a problem. The problem is much bigger than software patents.

Agreed. It is basically all government regulations that are the problem. Very few regulations exist for ethical reasons; most are there to entrench powers or are just mistakes. The way forward may be to create anonymous or pseudonymous companies, operating over the internet, and paid for in bitcoin, that cannot be stopped (at least not easily) because the real-world identities of the owners are not known. Thus, government would simply be made obsolete.

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

#114

Post by phamilton »

beagle3 wrote: post #58
ender7 wrote: 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 like the idea. One problem would be spiking fees. Company A licenses a patent from company B for the yearly fee of $1 per instance. Company A builds a successful product with 100k units sold. The next year, Company B decides to declare a 10x value on the patent. Company A, committed to the technology, either has to pay it or start over.

I guess this could be solved by long term lock ins at specific fees.

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

#115

Post by jonmc12 »

extension wrote: post #82
jonmc12 wrote: post #72

Earlier quoted context omitted.

This is exactly the mindset that leads to the patent system we have today. You are thinking of intellectual property as an idea - its not. Meaningful intellectual property is a functioning method or product that delivers value to people (is this all IP? no, but this the scope of IP I am suggesting protecting). It takes, research, communication, testing, experimentation, failure, and repetition to truly build somethin…

What leads to the patent system we have today is greed and lawyers. If the system can be exploited to legally steal buckets of cash from successful companies, then it will happen. The mindset of the industry seems to be overwhelmingly opposed to this, but that doesn't matter as long as the law permits it. A new kind of certification for complex and novel inventions will not solve anything, because it's the simple and…

Well, I started with the idea of 'We should be free to invent' - thanks for taking the time to poke holes in one proposal towards this end. I tend to agree that it would be difficult to build a practical certification system, at least with any proven system we've seen today.

Our government provides us many freedoms in the constitution, perhaps an amendment is a better proposal. That way the courts can interpret a more meaningful definition of Freedom to Invent as a way of shaping the current patent system.

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

#116

Post by chopsueyar »

hdctambien wrote: post #103
Astrohacker wrote: post #100

Earlier quoted context omitted.

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…

I think coca-cola is a trade secret, not a patent

I was talking about the trademark, not the syrup.

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

#117

Post by nextparadigms »

DrJokepu wrote: post #107
noonespecial wrote: post #93

Earlier quoted context omitted.

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

So, assuming that such a system was adopted worldwide, you would have to pay a tax in every country of the world if you wanted your IP to be enforceable in all territories? Because if that's the case, owning IP will be so prohibitively expensive that only large corporations will be able to afford it. I'm not sure if that would be a good thing.

If you get value from all those countries, then why not? Nobody is forcing you to get patent in each and every one of those country, just like you don't have to right now, either.

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

#118

Post by zenica »

I think that just having requirement that a patent actually has to be in "real production/read product" by the holder is the only modification to the law we need. (there is challenge here how to ensure that production in not fake, but it could be possible to ensure that)

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

#119

Post by beagle3 »

DrJokepu wrote: post #107
noonespecial wrote: post #93

Earlier quoted context omitted.

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

So, assuming that such a system was adopted worldwide, you would have to pay a tax in every country of the world if you wanted your IP to be enforceable in all territories? Because if that's the case, owning IP will be so prohibitively expensive that only large corporations will be able to afford it. I'm not sure if that would be a good thing.

Well, it's already prohibitively expensive to get patents all over the world, and -- People keep forgetting that -- a patent is an offensive measure - it gives you the right to sue and litigate, but not much else! If you don't have the money to litigate, your patent is already worthless. In some countries, litigation is cheap; but in the US, you need $200k-$500k available to have a chance to enforce your patents.

Applying for a multiple jurisdiction patent (in e.g. US, Europe and japan - which for example still doesn't let you enforce in Russia, Mexico and Switzerland) already costs upward of $50k

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

#120

Post by uiet »

ender7 wrote: 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…

Good software patent: MP3
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