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Enough Is Enough

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51–60 of 193 posts

Re: Enough Is Enough

#51
post #50

An idea I will throw out there: I always wondered why anyone should be able to hold onto an idea (patent it) if they don't use it. I can't help but wonder if the best way to fix the patent system isn't to overhaul it -- which would be nearly impossible to do due to entrenched interests -- but instead invalidate all patents if they aren't used within a certain time period by the rights holder. In other words, use it o…

Wouldn't suing someone count as 'using it'?

Re: Enough Is Enough

#52

Maybe somebody needs to move this issue to someplace more visible. I'd like to introduce the concept of Movie Patents. I'd register a patent for the plot device of having the bad guy be the main character's best friend, with additional clauses for being his boss, advisor, or partner. I wouldn't ever make any movies. I'd just sit back and collect royalties from everybody who used my idea. The reason behind this is tha…

Your patent probably wouldn't be issued and even if it was, the MPAA would outspend you getting it revoked.

Re: Enough Is Enough

#55
post #38

I think America's patent & copyright laws are in need of a serious rethinking in the digital age, but what are we the people doing about it? I would love to get involved (or donate) but I'm not aware of any credible groups or projects making strides to help bring about such a change. Any noteworthy efforts out there that I should know about?

The Electronic Frontier Foundation ( http://www.eff.org/issues/patents ) is working at it. They're starting off with getting the most ridiculous patents reexamined by the patent office in their Patent Busting project http://w2.eff.org/patent/ . They've succeeded in having a number of patents reexamined and some narrowed or invalidated.

They also lobby for patent reform. They're exactly the credible group you're looking for, in my opinion. Here's part of their statement on the patent page:

   There are many ways to promote better patent quality and a vibrant
   knowledge commons. One approach is to advocate for good legislation in
   Congress and proper interpretation of that legislation by the courts.
   Another is to promote enforcement efforts, such as the reexamination of
   bogus patents. EFF employs both approaches to protect the public
   interest while supporting innovation.

Re: Enough Is Enough

#56

I really don't think the problem is software patents, it seems to me the real problem is that most software patents seem to be ridiculously trivial. Here's an example: my employer, a rather small company has invested an enormous amount of resources in developing a specific algorithm. It took years of research and development, lots of money and brainpower, it's very far from being trivial (in fact it's so complicated…

What makes you think your company deserves to be protected against others independently developing a similar algorithm?

That situation is an unfortunate side effect. The point of patents is that the inventor requires an incentive (a limited term monopoly in case of patents) to make their methods publicly known. The protection is against the copiers, but since an independent developer is indistinguishable from a copier, they get excluded from using the idea as well.

I always thought that this is precisely why the patentable ideas are non-trivial.

Re: Enough Is Enough

#57

I really don't think the problem is software patents, it seems to me the real problem is that most software patents seem to be ridiculously trivial. Here's an example: my employer, a rather small company has invested an enormous amount of resources in developing a specific algorithm. It took years of research and development, lots of money and brainpower, it's very far from being trivial (in fact it's so complicated…

What makes you think your company deserves to be protected against others independently developing a similar algorithm?

This argument can be made against patents in general. If people want to argue that all patents are bad, that's fine, but most people draw a tenuous distinction between software patents and other kinds of patents. I agree with DrJokepu -- the real problem (assuming that you're not opposed to all patents) is that patents are being given for ideas that are moderately to extremely obvious.

Re: Enough Is Enough

#58
I'm not a fan of sotware patents, but perhaps there's a halfway house towards getting rid of them:

Make software patents only holdable by a real person (i.e. not a corporation), and not transferable. Any money received from a patent infringement lawsuit would be paid to that named person.

That way, they can be used for their original purpose (to protect small inventors and allow them to build a larger business), but can't be collected by the trolls.

(It would also give companies an incentive to keep 'their' patent owners happy).

Just an idea... I'm sure there's a glaring hole in it somewhere.

Re: Enough Is Enough

#59

I really don't think the problem is software patents, it seems to me the real problem is that most software patents seem to be ridiculously trivial. Here's an example: my employer, a rather small company has invested an enormous amount of resources in developing a specific algorithm. It took years of research and development, lots of money and brainpower, it's very far from being trivial (in fact it's so complicated…

Nope not good enough. Software patents are doing much more harm than the potential gain from protecting your company.

Re: Enough Is Enough

#60
Somethng like this scares the hell out of me:

http://www.insidefacebook.com/2011/05/17/facebook-patent-pho...

Now I'm in Europe where this don't apply, but we actually had plans making our platform available in U.S. later on with something that has to do with tagging images - which itself is hardly any innovation (?!!)!. I mean, c'mon. We will now probably avoid that and look east instead. I'm still fascinated that they managed to get thorugh with this, almost like the 1-click-purchase that Amazon trying to paten. It's almost like a fairy tale - with no happy ending.

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