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My CBA :P

So As usual there was big essay assignment and I am gonna put this one up as well

 

The greatest inventor of our generation, Steve Jobs, loved to quote Pablo Pisscaso, who said, “Good artists copy, but great artists steal. ” Although this mantra might have helped Jobs become successful, it’s still important to try to respect others’ patent rights. Most governments around the world have patent offices to approve new inventions and other advancements in many areas to protect the inventor’s right. This power, in the US, lies within congress, and it has yet to update these outdated laws. In the last few years, it has become clear that these out dated Patent laws are festering the progress of technology. These so-called Patent Trolling sue other companies for settlement money or elimination of competition. Such vile acts should be addressed by reformations of the Patent laws.
Despite the ubiquity of electronic devices, patent office and many law makers seem distant from the everyday technologies used by average users. If anyone with common sense were to goes through the library of Patents approved, it is clear that some if not most patents are puerile. In fact, some patents can be made from technologies that exist, then to be used to sue the emerging industry. In another recent Patent Troll, fark.com was sued by Gooseberry Natural Resources which claimed a patent for “emailing new releases”. Of course fark.com wasn’t the only one sued. Yahoo, MSN, Reddit and other services were sued as well. Although these bigger corporations settled out of the case, fark.com was able to fight as one major flaw. The definition of news in the mainstream media is Press Release. fark.com was fortunate enough to win the case, but the patent troll, Gooseberry Natural Resources, have “won” some of the cases. Because most if not all cases are non-disclosure agreement, the Patent Troll claim that it has won the case.
This under-appreciated power of congress has became a problem to the hi-tech industry. Patent Trolling is a tactic in which corporations with, large library of Patents, sue others to eliminate competition by claiming patent infringement. Within the last few years, there has been an increasing number of law suits between technology companies, most of them started by Apple. These law suits happen because companies are approved of patents that can be interpreted too widely or simply ridiculous. A Taiwanese company, called HTC, was sued by Apple recently for infringement of 20 different patents. Although most of these claims were dropped, one patent, so-called “data tap”, which allows the user to tap a phone number, email, or other data to perform an action, also known as hyperlink on the Internet. As a result HTC was banned from importing of most of their devices including their new upcoming line of products. HTC has reprogrammed the user interface and this new program has been approved by the U.S. Customs. In the end, all Apple was able to do was render the experience worse for the user. Quite frankly the damage done by the Patent trolls are around $500 Billion to the U.S. economy, this is way more then terrorist costs which is around $128 Billion.
Although some progress were made to rewrite small part of Patent laws, the important goal is to re-examine current patent library to clean out of patents that are simply not creative enough or misused by the patent trolls such as Apple, and Gooseberry Natural Resources. They are using these patents to kill innovation. It might seem simple reformation of the laws might do the job, but the problem with reformation of patent laws is that two major innovative industries Medical and Hi-Tech are at odds. Medical industry wants more protection for the inventors, while Hi-Tech industry want the protection for the producers. This allows the Patent trolls to sit between the lines and sue companies out of existence as Apple’s former CEO Steve Jobs wanted to do.
These patent law suits create negative cycles. People end up having to pay more expensive hi-tech devices because of licensing fees; as fewer people buy these devices, less innovation can happen without the resources. In the end, the customers have to pay for devices that will be expensive and less innovative just like the case of HTC Vs. Apple. “Don’t negotiate with terrorists; patent trolls have done more damage to the United States economy than any domestic or foreign terrorist organization in history, every year.” (Drew Curtis) We have come so far within the last few years the speed of the innovations was too fast of the outdated laws to catch up. It is now that law makers should sit down and figure out new laws for the new era.

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Posted by on June 12, 2012 in DrLuciferZ`s Post

 

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The Great Pissing Contest

The Great Pissing Contest

Patents has always been big trouble factor in new technology.

Within last few years there is increased amount of law suits by big patent giants like Motorola, Microsoft, Apple, and others.

The only people who are rejoicing is the law firms in Seattle, Silicon Valley, New York and few other places.

These law suits are not easy to follow and many juries and judges probably don’t know what they are dealing with.

I find most of these patent infringement law suits to be just ridiculous.

 

Last year, this patent trolling, as some journalists put it, started with Samsung Vs. Apple over in EU.

The law suit is over who has the rights to lock screen. Ya Apple apparently hold the patent for “Unlocking a phone by dragging an image:, and Samsung made witty counter attacks with a scene from 2001 : A Space Odyssey.

Both companies are still in courts, in Germany, although the initial ban of sales of Galaxy line of products has been lifted somewhat, its long way from settlements in any shape or form.

 

Speaking of last year law suits. Google and Oracle is about half way or little less done with their case.
Oracle has claimed that Google has used some of its Java APIs to create Android platform. Now to some this doesn’t seems important since the OS is written in Linux kernel, and Java Oracle has some jurisdiction over this OS, if and only if Android has used a part of API that is not for public use. Today jury has decided that Google has infringed copy right protects Java API, but hasn’t decided on the damage Google caused by Android OS.

All this trouble for 9 lines….. But I understand that Google is creating lot of revenues from Ads, Apps, Music, Books, and Movies that its selling through the Google Play store (formerly known as Android Market). Oracle would get a lot of settlement money from this law suit.

These two are only major ones, I estimate about 5 to 10 more law suits that probably was behind door and settled quietly.

This is no different, Motorola and Microsoft began the year with law suits.

Motorola has claimed that its patent that allows Wi-Fi streaming has been infringed by Microsoft’s Windows 7 Media Center and XBOX 360. Now you might be asking yourself how did Motorola have these patents in first place? Motorola is not just failed Mobile device company, it also controls a lot of cable box that we use today.

Just like most law suit Motorola and Microsoft is going to be like a cry baby in front of the court until they get tired and settle for few million pay out.

 

These patent trolling isn’t helping new technology to emerge, because patents laws weren’t fitted out for this century.

1. The number of patents over lap each other
2. The use of patents are clear enough but if any similarity is found law suit can be initiated
3. Many patents are ridiculous as “Unlocking a phone by dragging an image”
Here is few links to few ridiculous patents
http://news.yahoo.com/three-ridiculous-patents-holding-apps-back-163900534.html
http://bigorangeslide.com/2011/09/apples-ridiculous-patents/
http://www.appleinsider.com/articles/12/05/04/german_court_stays_apple_lawsuit_against_samsung_postpones_another.html
http://www.telegraph.co.uk/technology/google/8975419/Technology-patents-useful-and-ridiculous.html

We need new laws to govern the emerging technology. patent can do that, but we need new laws to govern the use of patent and copy rights.

Last Time I heard anything about reformation of Patent law was last summer, UK has worked on new patent laws to stop the trolling.

Here is overview of all things patent

 

P.S. – If these law suits are ridiculous enough for you. Hasbro (The owners of Transformer franchise, as far as I know or care) has sued Asus for naming its tablets Transformer, Transformer Prime, and Transformer Pad. I have no idea what is going on with these two companies, so leave a comment if you know anything about it. I’m too lazy to look it up.

 
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Posted by on May 7, 2012 in DrLuciferZ`s Post, Just a Thought, WTF

 

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