Re: Where would we be without these important patents?



On Sat, 11 Mar 2006 13:35:17 GMT, Michael Scheltgen
<mjs818@xxxxxxxxxxxxx> wrote:

Micha³ Gancarski wrote:
On Sat, 11 Mar 2006 10:28:04 +0100, sinister <sinister@xxxxxxxxxxxxxx>
wrote:

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

US patenting system is the thing that stops me from regarding your
(great in other aspects) country as a potential target of my future
migrations. How did it become so twisted? Buy It Now, 1-Click
Shopping... what is next? Breath-In Breath-Out?

I sent "Sinister's" comments to a friend of mine who has some
experience in the area. His comments:

"Patents. I thought I knew what patents were until I got a job
implementing one for a company that had acquired one. Not only
are they trivial, they are a downright fraud. The patent
examiners are blind, underqualified, and completely bamboozled
by patent attorneys! Every patent has a comparable patent or
prior art disclosure somewhere else written using different
language which encodes an arguably equivalent "invention". If
there are not outright copies, there are material claims in the
patent which overlap the claims in a different but similar
patent! I've seen estimates as high as 98% for the number of
invalid patents, which seems conservative in my experience.

The whole intellectual property system has become a massive scam, and
the real "pirates" are the IP holders who exact tribute from producers
for not interfering with production. The system that was supposed to
stimulate innovation and the practical arts and make more technology
available to industry and consumers has instead become the biggest
barrier to making technology available. This is the inexorable
economic logic of rent seeking in action.

When I was working for Hitachi, I learned that they have a special
team of engineers and patent lawyers who go through every issue of the
US Patent Gazette and pump out as many derivative patents as possible
based on any patent they consider promising. They aren't producing
any products. They aren't developing any technology. They're just
fencing off whole _areas_ of technology before anyone else develops
them. I have no doubt that other big technology companies all have
similar teams and do similar things. They have to. It's just
self-defense. And that's the evil genius of economic rent: first, the
victims adapt their behavior to it in sheer self-defense. Then they
become dependent on their adaptations. Finally, the victims are
recruited as rent's staunchest defenders.

Rent collection privileges like patents and copyrights are just evil.
And there is no escaping the damning logic of evil. That's why the
system that was supposed to stimulate innovation and the practical
arts and make more technology available to industry and consumers has
instead become the biggest barrier to making technology available.

-- Roy L
.



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