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| 'The patent, used as a sword' |
| By Thom Holwerda on 2012-10-08 09:24:52 |
| The failing US patent system is getting ever more mainstream - The New York Times is running a long and details piece on the failings of the system, especially in relation to the technology industry most of us hold so dearly. Most of the stuff in there isn't new to us - but there's two things in the article I want to highlight. |
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| Can anyone justify such a system ? |
| By Lennie on 2012-10-08 10:20:05 |
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"Last year, for the first time, spending by Apple and Google on patent lawsuits and unusually big-dollar patent purchases exceeded spending on research and development of new products, according to public filings." This is obviously not the intent of the law and government. The intent was that patents provide incentives to invent. Edited 2012-10-08 10:20 UTC |
 - Score: 10 |
| Beyond frontiers |
| By Treza on 2012-10-08 11:04:51 |
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This nonsense will probably end when the USA realize that all these pointless patents are about to be invalidated/ignored by a quite big country with immense manufacturing capacity and non negative GDP growth. Not only this money spent in court is not spent innovating, but the mere principle of patents, exposing ideas, will be challenged by the concept of keeping industrial secrets. If you can't prevent copying, you'd better delay when competitors figure out your technology. Apple is good at both patenting and keeping secrets. (There is a long story of invention copying between countries, for example paper, silk, pasta...) |
| - Score: 2 |
| RE: Beyond frontiers |
| By JAlexoid on 2012-10-08 11:40:59 |
| PS: Not pasta, but specifically noodles(aka spaghetti). |
| - Score: 3 |
| RE: Can anyone justify such a system ? |
| By JAlexoid on 2012-10-08 11:41:40 |
| Thus anyone who says that the law is working as intended is delusional. |
| - Score: 5 |
| RE[2]: Can anyone justify such a system ? |
| By Lennie on 2012-10-08 12:08:02 |
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Only if you add: in this particular industry. I'm sure there are industries or even parts of this particular industry where it is still useful. But in this case it obviously does not work. |
| - Score: 2 |
| RE: Can anyone justify such a system ? |
| By Tony Swash on 2012-10-08 12:58:50 |
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The fact that Apple and Google are spending so much is hardly surprising, intense IP litigation (and therefore costs) always takes place when technology mutates in such a way as to profoundly transform models in business arenas that are very large in such a way as to destroy old financial and market systems and create new ones. That is what is happening in the realm of the mobile device, vast fortunes are at stake and the only two successful players (so far) are Apple and Google. The conditions that create periods of intense IP litigation in any specific domain of technology do not last for ever. This one will fade away at some point. But not yet. I have worked outside and inside government during my long working life and being outside it is a lot easier to see clear cut and seemingly obvious solutions to problems. Once inside however and confronted with the nitty gritty detail of how to actual change things with making things worse it get's very complicated very fast. I am always suspicious of seemingly obvious and simple solutions, such as the abolition of IP laws, because in general changing things, especially things that involve a great deal of money, are always actually very difficult and never straightforward. The question I would pose is that if one accepts the current legal framework for IP is broken what do you replace it with? That's a very serious and big question and I would interested to see what people suggest. |
| - Score: 2 |
| RE[2]: Can anyone justify such a system ? |
| By Thom_Holwerda on 2012-10-08 13:00:55 |
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> The question I would pose is that if one accepts the current legal framework for IP is broken what do you replace it with? That's a very serious and big question and I would interested to see what people suggest. There's a lot of different suggestions out there, most better than what we have now. Here's mine: http://www.osnews.com/story/2615... |
| - Score: 3 |
| True up to a point |
| By TM99 on 2012-10-08 13:06:25 |
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The problem is not the academics per se. Plenty of us are very aware of this problem and not just within the tech industry. What it comes down to is the corrupt American political system that involves a revolving door of policy makers, business men, lobbyists, and academics who know who butters their toast. It is not the small developer. It is not the start-up. It is not the small company with a brilliant new idea. It is the monolithic corporations with deep pockets, lawyers in abundance, and the political power to keep this way of being status quo. Dr. Kegan fancies himself objective and unbiased, yet he is anything but. This recent paper of his is laughable in his attempts to have it both ways just like in his position on patents. http://papers.ssrn.com/sol3/pape... Sometimes there really is 'right way' and what is truly the 'wrong way'. It takes a lot of individuals who are conscious of that to finally make something change. There will be no change in this patent situation for at least another decade if not more. Political and economic realities in the US will preclude it - sadly. I definitely agree with everything you state here though Thom. Keep up the good fight! |
| - Score: 9 |
| RE[2]: Can anyone justify such a system ? |
| By Lennie on 2012-10-08 14:00:01 |
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I would only say patents for ICT don't seem to work and should be abolished. We have enough other things in place to prevent blatant copying like copyright and trademark protection. The alternative is to have an easy way to kill the obvious patents without long or expensive trials. |
| - Score: 2 |
| Spin it differently. |
| By gan17 on 2012-10-08 14:02:38 |
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What miffs me off more is how much the the scummy lawyers are making out of this charade. Edited 2012-10-08 14:04 UTC |
| - Score: 5 |
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