Federal Appeals Court Tosses Spam Patent 76
Zordak writes "US patent 6,631,400 claims a method of making sure enough people get your spam. A federal district court had overturned the patent as anticipated and obvious, and not drawn to patentable subject matter. The Federal Circuit, the appeals court which hears patent matters, upheld the finding of obviousness, thus invalidating the patent."
Re:Shame (Score:3, Insightful)
Spam is already illegal. Hooray, no more spam!~
Not thinking clearly (Score:5, Insightful)
The primary purpose of patents is to *STOP* the competition from doing whatever it is you are patenting (yes, I know this isn't the stated purpose, but it is the purpose-in-effect). The secondary purpose is to collect money from people who do what you patented, so you can make money without doing it yourself.
In both cases, once you patent something, there is a net loss in the number of people doing it. We have observed this time and time again in the industry.
So why in the world would you REJECT a spam patent? By all means, GRANT THE PATENT! Let the spammers sue each other into oblivion and reduce the total amount of spam generated.
Sheesh.
Re:Not thinking clearly (Score:2, Insightful)
So why in the world would you REJECT a spam patent? By all means, GRANT THE PATENT! Let the spammers sue each other into oblivion and reduce the total amount of spam generated.
Have you noticed that most spammers operate outside law? They won't "sue each other". That patent means exactly nothing to them either way.
Re:So basically... (Score:2, Insightful)
Re:Stop with the patent hating (Score:3, Insightful)
Sorry to burst your bubble; but the industry has shown us time and again that they will change the law to suit their purposes. You really think that in a decade, these software patents will become public domain? Ha, that has just as much a chance as Mickey Mouse becoming public domain (yeah, I know, copyright versus patent, but in the end we are discussing the same thing which is intellectual property).
Trust me, there are lobbys in D.C. right now fighting to extend patents, and then extend them again, probably into perpetuity. Once a company sees a revenue stream from patents, you think they are going to give that up just because it's the law? You must be high. From a long-term standpoint it's more profitable to spend millions to change the law.