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In Defense Of Patents and Copyright

Posted by Zonk on Thu May 10, 2007 03:46 PM
from the just-a-little-bit-biased dept.
Romer!can writes "C|Net Editor Michael Kanellos offers a potentially contentious opinion piece about patents and copyright on the CNet site. Highlights of the fairly biased piece include: a cheap shot dismissing open source projects as existing only to act as a foil for Microsoft, blatantly equating copyright infringement with stealing, and an embarrassing failure to even casually mention the current term lengths of patents and copyrights as a driving factor behind popular dissatisfaction. Instead, he wades through obscure humor and emotional appeals characterizing patent trolls as the guy next door. 'Nearly every so-called [patent] troll turned out to have a somewhat persuasive story. Intellectual Ventures, a patent firm started by former Microsoft chief scientist Nathan Myhrvold, was staffed with fairly renowned scientists who didn't fit the profile of people trying to make a quick buck in court. Another man, criticized as one of the most litigious people in the U.S., had a great explanation for his behavior. He had only sued people who had signed--and then violated--nondisclosure agreements.'"
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  • by A beautiful mind (821714) on Thursday May 10 2007, @03:51PM (#19073293)
    ...why post it? I can find similar trolls with little or no effort too, but usually I'm here for a honest discussion. It is not like this article would be news in itself.
    • Re: (Score:3, Insightful)

      by Anonymous Coward
      Maybe he posted it just because he knows it is a topic of interest to a lot of people who read this site? Sure, it may make a lot of people angry, and Zonk's summary comments will make a lot of other people angry, and there will be some flame wars....but isn't that what slashdot is all about?

      Well, ok, maybe not really, but it sure does seem to keep people busily coming back for more...

      • by Timesprout (579035) on Thursday May 10 2007, @04:22PM (#19073831)

        Well, ok, maybe not really, but it sure does seem to keep people busily coming back for more...
        Sure but in the process has removed any credibility Slashdot may have had as a news site. Unless you have been reading Slashdot for a whileand can spot the immediate drivel many of the articles now appear to be nothing more than deliberately inaccurate headlines followed by leading questions followed by hysterical comments with most rational debate modded out by groupthink.
        • by Hijacked Public (999535) * on Thursday May 10 2007, @04:38PM (#19074095)
          I have been here a long time, pre-karma anyway.

          The place has always had drawbacks: spamming; crapflooding; Shoeboy; ACSII art; goatse links; Jon Katz; Michael Sims.

          Most of the 'debate' is the same record being played over and over. This article so far is, and certianly will continue to be, no exception. No new ground will be broken and the comments will be nearly identical to what went up during the Napster debate. Despite the lameness filters and low karma post restrictions, Slashdot has far more actual trolling than it ever did when Adequacy crowd was here.

          I am here now, subscribing, because there are a small minority of users who actually not only know their stuff but actively participate in fields that are relevant to many of the submissions that go up. There aren't many places one can go on the internet and have a discussion with an actual attorney who actually defends RIAA cases. Bruce Perens doesn't show up just anywhere and comment on FOSS issues. There was some article on here a few days ago about carbon nanotubes, and I don't know carbon nanotubes from cans of paint so I may have been getting hoodwinked, but there seemed to be people posting who actually had more than just cursory knowledge about the things.

          Anyway, enough emo about Slashdot. I don't think it has or ever had much credibility as a serious news site but it certianly offers something unique. If you can sift through the massive amount of drivel it makes visiting worth the time.
      • by yurnotsoeviltwin (891389) on Thursday May 10 2007, @04:48PM (#19074313) Homepage
        Yea, seriously. If you want biased, you can just read the summary. To be honest, it's an opinion piece, and the purpose of an opinion piece is to be biased, and seriously, can anything that makes any sort of conclusion on such a complex/subjective topic as this NOT be biased?
    • by ajs (35943) <ajs@@@ajs...com> on Thursday May 10 2007, @04:16PM (#19073737) Homepage Journal
      Yes, indeed! Please, do not feed the trolls. Do not click on the C|Net link, and if this really bothers, you just file it away in the back of your mind as another in the long list of reasons to never visit C|Net's site.
      • by Lockejaw (955650) on Thursday May 10 2007, @04:09PM (#19073619)
        Your ideas don't make you a troll. The way you express them does.

        This is not trolling:

        I think patents, trademarks and copyrights are simply fantastic and a primary, necessary driver of the world economy.

        This is:

        And frankly, without them, most open-source projects would rapidly wither away: without an intellectual property behemoth like Microsoft to fight, what would be the point?
      • by TheRaven64 (641858) on Thursday May 10 2007, @04:40PM (#19074137) Homepage Journal
        I think it's more basic than that. Most of us (by which I mean myself, and everyone I project onto) is 'pro-fairness.' I am not against copyright. I use copyright on an almost daily basis to protect my own work. But I acknowledge that, when I use copyright, I am entering into a social contract. Society agrees to protect my temporary monopoly on my creations, in return for which I agree to:
        1. Make them available now at a reasonable price.
        2. Allow certain fair-use rights to everyone.
        3. Let them fall into the public domain eventually.
        The 'pro-copyright' lobby has not been playing fair recently, by blocking fair use with DRM and blocking the public domain with copyright term extensions. Similarly, the 'anti-copyright' lobby hasn't been playing fair either, by simply refusing to respect copyright at all.
        • by superbus1929 (1069292) on Thursday May 10 2007, @04:51PM (#19074355) Homepage
          Sadly, perception is reality nowadays, and the perception is that anyone that owns a copyright is doing whatever they can to fuck their customers over any way they can with Draconian EULAs, the death of the public domain, DRM, dragnet litigation, you name it. That perception makes people overreact, and that brings in the other extreme. Now, we have two groups who want everything, no compromise, no exceptions, engaged in this massive pissing contest, and the only ones needing an umbrella are the moderates like us in the middle.
  • by rbrander (73222) on Thursday May 10 2007, @03:53PM (#19073341) Homepage
    ...it IS a troll. NOBODY who works for C-Net can possibly be ignorant of the rest of this story, or of the tempest in a teapot that a biased editorial is sure to stir up. Therefore, it is purposeful, intended to drive up traffic and replies.

    If that's his goal, don't give him the satisfaction. Don't read it, don't comment, don't reply.

    Which is not about "winning" some argument, it's just about not letting media people get paid for the almost mindlessly easy job of drumming up fake controversy. Same as ignoring all the cable TV and radio "shock jocks". Let them all work for a living, do some investigative reporting, find out some new facts (you know, "news"?) to fill up their sites with.

    Not just, as Jon Stewart said about 'Crossfire', "theatre".
    • by Uruk (4907) on Thursday May 10 2007, @04:28PM (#19073953)
      This really applies to a whole class of media - the "any publicity is good publicity" crowd.

      Think about it. If you come across a guy on a soapbox on the street corner, raving about how he communicates with purple unicorns in the 4th dimension, do you spend a lot of time refuting his arguments in a public forum?

      No. Just let it go. Don't legitimize nuttiness by addressing it.

      The old saying: "Never get in a fight with a pig. You'll get dirty, and the pig will enjoy it."
  • by UbuntuDupe (970646) * on Thursday May 10 2007, @03:57PM (#19073393) Journal
    Intellectual Ventures, a patent firm [and alleged patent troll] started by former Microsoft chief scientist Nathan Myhrvold, was staffed with fairly renowned scientists who didn't fit the profile of people trying to make a quick buck in court.

    Why isn't that a persuasive argument? Isn't that kind of argument used all the time around here? Don't believe me? Have you ever heard:

    "Drug companies don't deserve patents/as-lengthy-patents because they spend more on advertising than research."

    They're both rank appeals to one's sympathy (or lack thereof) with the patent holder.
    • by Jherek Carnelian (831679) on Thursday May 10 2007, @07:30PM (#19076609)
      You are setting up a strawman argument.

      The argument "used all the time around here" is not:

      Drug companies don't deserve patents/as-lengthy-patents because they spend more on advertising than research."
      Instead it is a lot more like:

      Drug companies claim they need lengthy patent protection because their R&D is so expensive. Except it turns out that the they spend substantially more on advertising than they do on R&D, so their claim deserves no sympathy.
  • by GodWasAnAlien (206300) on Thursday May 10 2007, @04:09PM (#19073613)
    In 2095, Windows 2000 binaries enter the public domain. The source, was never published and died on some overwritten/corrupted backup media long before.

    Would the binaries be useful at all?
    If not, the the copyright duration is effectively infinite.

    Now compare the Public domain Windows 2000 of 2095 with ReactOS or Linux in 2095. which is more useful?

    But you don't need to wait 95 years to see this result.

    How many years of development do you think it takes for ReactOS to surpass Windows2000?

    How many years of development does it take for Linux to Surpass an abandoned UNIX, like IRIX?

    If for some reason, you wanted to create a DOS system, would you use MSDOS 6, or FreeDOS?

  • by kebes (861706) on Thursday May 10 2007, @04:18PM (#19073761) Journal
    From TTA (the trolling article):

    In the Dark Ages, one could obtain wealth by raising an army and burning someone else's kingdom to the ground. In the Gilded Age, those on the fast track had a secret weapon of success: they bribed state legislators to obtain canal and railroad contracts. Unfortunately, those career options just aren't as viable as they once were. Instead, we have to invent stuff, and thus people should get compensated for the effort.
    It's positively hilarious that he structures the argument in this way. First he presents two methods that were historically used to obtain money. These methodologies are based upon using illicit means to gather power, and then turn this into a monopoly (in the first case, the power is military and the monopoly is the conquered land; in the second case the power is bribes and the monopoly is, well, a monopoly). The subtext is that these are "bad" ways to make a buck.

    Then the author immediately describes current "intellectual property." However the current state of "intellectual property" is more of the same: one uses some means (money, lobbying, market domination, bribes, etc.) to persuade the government to create laws that protect your monopoly. Of course instead of concluding that this current incarnation of monopoly-power is just as bad as the previous ones, he goes on to defend it. The analogy with the previous examples is so close that it almost makes me think the entire article is a gigantic joke.

    Does the author honestly not see the parallel? At one time, wars and railroad monopolies were certainly considered legitimate business. In 100 years, will our era be looked upon as a similarly barbaric time, where, ridiculously, the citizens were oppressed in the name of profits for a select few elite?
  • by hey! (33014) on Thursday May 10 2007, @04:18PM (#19073775) Homepage Journal
    when you get to invent the position of your opponents. It gets easier if all you have to do is to dream up some anecdotes about people who were emotional about the issue (especially if you don't bother to recount any reasons they may have to feel that way).

    Honestly, how many people think there should be no copyrights? Very, very few. I don't dismiss the opinions of those people just because they are a tiny minority, of course, but it is really dishonest to imply that everybody who has a problem with the current copyright system is against all copyrights.

    Very few people are entirely against patents either, although quite a few people are against certain categories of patents, which implies at least some more nuanced thought than the emotional rejectionism painted by the author.

    The broad consensus among people who create intellectual property for their daily bread is that the system is badly managed and is being extended beyond its reasonable and proper boundaries. The net result is that it is not a "sure path to wealth", but a threat that undermines their ability to earn a living.

    That would make anybody "emotional".

  • Patent benefits (Score:5, Interesting)

    by debrain (29228) on Thursday May 10 2007, @04:19PM (#19073793) Journal
    Make no mistake, the Chinese are famous for having invented many of the greatest inventions in history. Problem is, they often did it multiple times, independently. In the Western universe, I seem to recall that intellectual property was kept as trade secrets, to the exclusion of the public and similarly lost to antiquity.

    The reason for the prior (retention) is often equated to their lack of proprietary interest in intellectual property, and the reason for the latter (publicity) is adjoined by the consequences of divulging your technological advantages. While the incentive exists to invent gunpowder (for its usefulness), the incentive and mechanism to publicly retain a collective body of knowledge for such inventions in Chinese society did not exist. Thus, I believe the secret to gunpowder was lost to the Chinese on more than one occasion, only to be re-invented later. (Or perhaps that wasn't gunpowder, but some other set of inventions).

    Patents help alleviate this loss of intellectual achievements to both antiquity and secrecy. However, in our society they have gone to an extreme, whereby we can rightly complain that they stifle innovation, undermine competition, and they may even be unnecessary in light of modern mechanisms for keeping tabs on new IP, notably the internet, and public collaborative projects like open source.

    Nonetheless, patents are predictable, and having arisen out of hundreds of years of jurisprudence over the need to retain and publicize useful inventions. They appear to be econommically over-bearing nowadays, and may even be superfluous in light of modern technology for retention and dissemination of intellectual property (i.e. the internet), but they are integrated into our economy in ways that make it superbly difficult (not to mention prohibitively expensive, as in the USA the government may have to compensate patent holders by weakening their rights) to completely do away with the system. They also still serve the purpose for which they were intended, publishing and retaining useful innovations, but they have side effects which now make us question their value.

    While we can and should criticize the patent system for its failures, we should also bear in mind the consequences of going too far in the opposite direction. Too few discussions of patent reform have an intelligent, informed and balanced basis in the purpose and benefits of the current patent system, with suggestions for either balanced reform across all arenas where patent law is applied (drugs, software, hardware, automobiles, etc.), or any sound alternative that is not subject to the same criticisms that are inherent to what we have now.

    (That being said, I think the idea of patenting software strikes me as wholly inappropriate, the problems of publicity and retention long having been solved by the internet and open source projects, and the value software patents provide to the public is virtually nil in almost every way.)
  • by The Empiricist (854346) on Thursday May 10 2007, @04:21PM (#19073823)

    There is a lot of talk about getting rid of patent trolls, but little consensus as to what a patent troll is. Very few companies will say "yes: we're patent trolls." At best, they're willing to tolerate being called patent trolls [com.com].

    What makes a patent troll? Does a company that develops a new technology but licenses it because it does not have the capital or market position to exploit the technology count as a patent troll? What about IBM? They produce products, but they license their patents [ibm.com] for use by others in products that don't compete with IBM's products. Does that make IBM a patent troll? Would they have to be making competing products to be on morally solid ground?

    There are definitely companies out that abuse the patent system (e.g., by filing continuation applications or requests for reexamination during which the applicants try to stretch the claims of their patents to read on subsequent innovations). But this author has a point that distinguishing the bad guys from the good guys is not easy. Many companies out there see themselves as just legitimately trying to leverage their full rights. Is that significantly different from consumers trying to maximize their rights as consumers by engaging in activities that aren't clearly legal (e.g., using direct music and movie clips for new works without seeking permission, creating libraries of MP3s and copying them to multiple systems, etc.).

    Activities that push the limits of the law create risk. Patent applicants pay significant fees and must spend a lot of time in their efforts, resulting in a guaranteed loss. Certain uses of a patent can raise anti-trust concerns or result in loss of the patent. Consumers pushing the boundaries of "fair use" often play a lottery in which the winner loses a nasty law suit. And there is always the risk that Congress or the courts may react by changing the law or interpretation of the law to minimize questionable activities.

    But those who are engaged in those activities probably believe that all they are doing is playing by a valid interpretation of the rules.

  • by Concern (819622) * on Thursday May 10 2007, @04:27PM (#19073933) Journal
    You don't even have any choice as to whether or not to ignore software patents. There are hundreds of thousands of them. Then there are several thousand new applications a day. I'll give you a hint. It's impossible.

    That's why Microsoft ignores software patents. Even they, the richest company on the planet, have no alternative. And that's also why they're getting hit with a few 9-figure verdicts already. But they still play the game and pretend they're legitimate, because they somehow think they'll benefit, in the end, using them to crush current and potential competition with multi-million legal actions and the threat thereof.

    It is impossible to tell if any piece of code infringes. By the way, have you read many of these things? Almost every line of code does infringe.

    Every line written is a ticking patent timebomb. Every player has to ante up and make their own "patent portfolio" which they can then apply against whoever sues them. If that sounds like it excludes everyone but a few rich, dominant corporations... now you're getting the idea. Only minor fly in the ointment: those patent shell companies that actually don't do any work except suing people, therefore can't be hit with a retaliatory claim. Ooops. And yet even after getting whacked by a few, MS is still winking and continuing to play the game. Shows you how much they hate honest competition.

    Software Patents are currently ignored by almost everyone. But to the extent they are enforced, they will categorically end the American software industry, and software will continue to be a business in Europe, Asia, and... well basically every other civilized nation, who have soundly rejected this silly game and are by the way laughing their asses off at us.
    • Actually, I thought it was too lengthy of a summary. Doubt it was "fair use", and we all know paraphrasing is stealing, too. Sue the bastard!
    • Historically, what happened when the publishing monopoly of the Stationers was killed, 300 years ago (decreasing the monopoly duration from infinity to 14 years)? Did people stop writing books?
       
    • Re:Oh boy (Score:5, Funny)

      by Lithdren (605362) on Thursday May 10 2007, @05:01PM (#19074557)

      It may not require tens of millions of dollars to produce gobs and gobs of high quality video entertainment with mass appeal, but it does take more then a couple dudes with a camcorder and six bucks.


      Clearly, you dont watch much p0rn.
    • Re:In other news (Score:4, Informative)

      by NewWorldDan (899800) on Thursday May 10 2007, @04:31PM (#19074011) Homepage Journal
      Well, on Slashdot (as well as much of CNet's target audiance) there is widespread dissatisfaction with the current copyright term length. I don't think there's so much dissatisfaction with patent term lenghts as there is just with bad patents. Most people, if asked about it and forced to think about it, would say that 95 years is far too long of a term for a copyright. Most people, on the other hand, don't think about it. They just accept it as the way it is. They also frequently engage in casual piracy of music, movies, and software.

      Patents are a more complicated issue. For one thing, most people don't really have an opportunity to casually infringe patents. Current patent terms are not that far out of step with what might be considered a reasonable time frame. We see patented inventions pass into the public domain on a regular basis, whereas no copyrighted works have fallen into the public domain in my lifetime. The big problem with patents is that it is generally not obvious what is currently patented and what is not. Even after reading the abstract of a patent, I have no idea what it really covers. I have any number of suggestions for reforming patents, but they're really outside the scope of this post.
    • False.

      I'm a far cry from the richest .001%, but I still feel that copyright and patent laws are a good thing. I think the term of copyright is egregiously long, and I hope that Sonny Bono is rotting in Hell and sucking the cock of a demon that looks like Mickey Mouse for all eternity for his part in the most recent copyright extension.

      So called intellectual property does need protection in order to encourage invention and innovation, but after a point (20 years at most), that protection starts having a sti