Re: Where would we be without these important patents?

"sinister" <sinister@xxxxxxxxxxxxxx> wrote in
news:38ednfEVX761BY_Z4p2dnA@xxxxxxxxxxx:

From
http://www.washingtonpost.com/wp-dyn/content/article/2006/03/10/AR20060
31001918.html "Government Sides Against EBay in Patent Dispute,"
_Washington Post_, 2006 Mar 11:

[Uncle Sam argues] that eBay willfully infringed on patents held
by ... MercExchange LLC and should be enjoined from using its
'Buy It Now' feature, which allows users to buy goods at fixed prices
rather than compete in auctions. Goods sold using that system account
for about a third of eBay's business."

There's absolutely no way a method like "Buy It Now" would have been
developed without the prospect of patent protection.

LMAO...


The referenced article states:

If the court finds that violating a patent automatically
triggers a shutdown, "that has a big impact," said Stephen
Maebius, a patent attorney in Washington who is not
affiliated with either side of the case. The issue is whether
violation of a single patent should be grounds for shutting
down complex software systems that millions of people
depend on, he said.

Yes, that is one issue in this case, but not necessarily THE issue. In
many of these cases it is reported that a "troll" is unreasonably holding
up big business, doing all kinds of damage. Of course in most cases the
patent holder tried to negotiate in good faith before litigation, but the
big companies were unwilling to deal.

Based on some news reports, it would have been a disaster if Blackberry
had to shut down. Hurricane Katrina was a disaster, the Johnstown flood
was a disaster, the attacks of September 11, 2001 were disasters ?
Blackberry shutting down, no Buy It Now feature on E-bay, NOT disasters.

Consider the position of an individual or relatively small company with a
commercially valuable patented technology. In many situations a large
company can afford to implement and market the technology, but the little
guy can not. That's a great licensing opportunity - potentially a money
maker for both parties. But if the patent holder loses the ability to
get an injunction, big business can keep practicing the technology, gain
market share and destroy the little guy's ability to license the
technology to another party.

It's a complex issue.

Richard Tanzer
.

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