4 ms·

This is getting ridiculous by the minute. Being a software developer, I fear sooner or later I'll be a target. I feel it's just a matter of time. But worst of

This is getting ridiculous by the minute. Being a software developer, I fear sooner or later I'll be a target. I feel it's just a matter of time. But worst of all is the feeling of helplessness of it all: it's a big dog fight. Small ones either have to run with tail between legs (pay up, give up, throw work away) or fight to eventually get crushed (by the outcome or by being out of financial breath in the process). I apologize for the negative rant, but frankly, as I re-read it, it really looks more realistic then pessimistic.

psionski 14y ago
Go to a country outside of their jurisdiction, either physically or virtually (depends mostly on destination climate).
- astrodust 14y ago
  If you have even one American customer you're subject to these rules and ridiculous software patents.
  - daemon13 14y ago
    How/why is that? Let's say that the legal entity is registered in Switzerland or China or Russia for that matter. This company sells some goods [virtual/physical] through a web site [for example using Amazon 1-Click patent] to a person, who happens to be an American citizen, with payment made by credit card. How this company will become "subject to these rules and ridiculous software patents"? In which court will this case be processed? How the court decision will be enforced?
    - astrodust 14y ago
      Citizenship doesn't matter, but the location of the user does. If you're doing business with American users, defined as "people residing in or doing business within the borders of" the United States, then you're subject to the patent laws. All a claimant needs to do is prove that this is the case and the lawsuit can proceed. Then you'll need to find representation in a particular court in Texas to defend yourself, or you'll have to settle out of court at your own considerable expense.
  - dublinben 14y ago
    You might be subject, but you won't have a judgement enforced against you.
    - astrodust 14y ago
      If you're "doing business" in the United States, you're subject to those laws. This is just how it works. If you're sued and you don't defend yourself, you will probably lose by default, so you can have a judgement enforced against you. This might preclude you from travelling in to or even through the United States.
      - psionski 14y ago
        If that last part is the only thing they can do, I say move to somewhere warm and cheap and just "agree" to their terms ;) I thought they could call InterPol on you or something...
DannyBee 14y ago
Lobby. Really. Be the guy who writes letters to his congress person and senator. All the time, every time. Form groups. Stop complaining about it on an internet forum, get together in real life, and talk to people. Not "random like-minded techies". Go meet with your senators or congressmen. They take meetings from constituents. You'll probably end up talking to an LA or something, but if you all do it, it'll start to have an impact. Tell them exactly how much money you are spending, and how much time you are wasting, worrying about this stuff. Form lobbying groups, and advocate. There are other effective things than the above, it's just an example. One of the reasons I became a lawyer, instead of just a software engineer, is because it was clear to me, even 15 years ago, that patents were going to destroy our industry. It was also clear that the majority of software engineers would do one of three things: 1. Pretend it did not matter. 2. Dismiss the threat until it became huge. 3. Complain about it on Usenet (now "random blogs, internet forums, and social media sites"). It took a long time to get to the point it is now. It will, realistically, take a long time to get to a better point. Yes, everyone has a quick fix solution, like "ban software patents" or "pray the federal circuit/supreme court saves us from years of bad policy and legal decisions". These are all long shots. They may happen. But it's all short term plays. You need the long term play as well, in the background, in case these don't work out. People have this weird idea that the content industry/etc simply backed up a truck of money to congress people and got the laws they wanted. Instead, they spend 20+ years meeting with politicians, advocating their position, forming lobbying groups, and slowly winning politicians over. They showed (mostly fake) economic benefit, had studies done, kept harping them over and over. Certainly they donated, but if you think it was simply because they gave some congressman some money, you don't understand how things get done. If you want to stop software patents, you need to take this long term approach as well. Don't get me wrong, I hope the supreme court reigns in the federal circuit as well. But if you want real change, it often takes time. At least in the current world, there is a 0% chance this change will happen if the only action is to write comments about news stories on internet sites.
- IamBren 14y ago
  I find your tone incredibly condescending. What average person has the time, energy, and expertise for all of this? What you propose doesn't sound practical to me at all. Take this statement: > they spend 20+ years meeting with politicians, advocating their position, forming lobbying groups, and slowly winning politicians over. This is exactly what I'm talking about - what average working person with a family can compete with an army of full time lobbyists whose job it is to meet with congress, take them out for meals, and do whatever else they do to get what they want? Doing all this is a lobbyist's full time job. They're backed by various industries with seemingly unlimited wealth. Compared to the average person's net worth, their funding may as well be unlimited. What average person with a full time job and family could ever compete with this in his or her limited off time? How practical and useful is it for us to flood congress with letters, emails and faxes "all the time, every time"? I don't think this is a useful strategy at all! And what's wrong with "complaining about it on an internet forum"? Sometimes it's nice to vent the frustration and hopelessness to people who understand. I certainly do. There's nothing wrong with this. Sometimes complaining is all we CAN do right now. The only practical solution I have found is to fund those whose full time job it is to be watchdogs and to fight back, like the EFF. That's about the best I can do for now. I haven't been shown another reasonable action that I can take that would be truly useful.

psionski 14y ago

Go to a country outside of their jurisdiction, either physically or virtually (depends mostly on destination climate).

astrodust 14y ago
If you have even one American customer you're subject to these rules and ridiculous software patents.
- daemon13 14y ago
  How/why is that? Let's say that the legal entity is registered in Switzerland or China or Russia for that matter. This company sells some goods [virtual/physical] through a web site [for example using Amazon 1-Click patent] to a person, who happens to be an American citizen, with payment made by credit card. How this company will become "subject to these rules and ridiculous software patents"? In which court will this case be processed? How the court decision will be enforced?
  - astrodust 14y ago
    Citizenship doesn't matter, but the location of the user does. If you're doing business with American users, defined as "people residing in or doing business within the borders of" the United States, then you're subject to the patent laws. All a claimant needs to do is prove that this is the case and the lawsuit can proceed. Then you'll need to find representation in a particular court in Texas to defend yourself, or you'll have to settle out of court at your own considerable expense.
- dublinben 14y ago
  You might be subject, but you won't have a judgement enforced against you.
  - astrodust 14y ago
    If you're "doing business" in the United States, you're subject to those laws. This is just how it works. If you're sued and you don't defend yourself, you will probably lose by default, so you can have a judgement enforced against you. This might preclude you from travelling in to or even through the United States.
    - psionski 14y ago
      If that last part is the only thing they can do, I say move to somewhere warm and cheap and just "agree" to their terms ;) I thought they could call InterPol on you or something...

DannyBee 14y ago

Lobby. Really. Be the guy who writes letters to his congress person and senator. All the time, every time. Form groups. Stop complaining about it on an internet forum, get together in real life, and talk to people. Not "random like-minded techies". Go meet with your senators or congressmen. They take meetings from constituents. You'll probably end up talking to an LA or something, but if you all do it, it'll start to have an impact. Tell them exactly how much money you are spending, and how much time you are wasting, worrying about this stuff. Form lobbying groups, and advocate. There are other effective things than the above, it's just an example. One of the reasons I became a lawyer, instead of just a software engineer, is because it was clear to me, even 15 years ago, that patents were going to destroy our industry. It was also clear that the majority of software engineers would do one of three things: 1. Pretend it did not matter. 2. Dismiss the threat until it became huge. 3. Complain about it on Usenet (now "random blogs, internet forums, and social media sites"). It took a long time to get to the point it is now. It will, realistically, take a long time to get to a better point. Yes, everyone has a quick fix solution, like "ban software patents" or "pray the federal circuit/supreme court saves us from years of bad policy and legal decisions". These are all long shots. They may happen. But it's all short term plays. You need the long term play as well, in the background, in case these don't work out. People have this weird idea that the content industry/etc simply backed up a truck of money to congress people and got the laws they wanted. Instead, they spend 20+ years meeting with politicians, advocating their position, forming lobbying groups, and slowly winning politicians over. They showed (mostly fake) economic benefit, had studies done, kept harping them over and over. Certainly they donated, but if you think it was simply because they gave some congressman some money, you don't understand how things get done. If you want to stop software patents, you need to take this long term approach as well. Don't get me wrong, I hope the supreme court reigns in the federal circuit as well. But if you want real change, it often takes time. At least in the current world, there is a 0% chance this change will happen if the only action is to write comments about news stories on internet sites.

IamBren 14y ago
I find your tone incredibly condescending. What average person has the time, energy, and expertise for all of this? What you propose doesn't sound practical to me at all. Take this statement: > they spend 20+ years meeting with politicians, advocating their position, forming lobbying groups, and slowly winning politicians over. This is exactly what I'm talking about - what average working person with a family can compete with an army of full time lobbyists whose job it is to meet with congress, take them out for meals, and do whatever else they do to get what they want? Doing all this is a lobbyist's full time job. They're backed by various industries with seemingly unlimited wealth. Compared to the average person's net worth, their funding may as well be unlimited. What average person with a full time job and family could ever compete with this in his or her limited off time? How practical and useful is it for us to flood congress with letters, emails and faxes "all the time, every time"? I don't think this is a useful strategy at all! And what's wrong with "complaining about it on an internet forum"? Sometimes it's nice to vent the frustration and hopelessness to people who understand. I certainly do. There's nothing wrong with this. Sometimes complaining is all we CAN do right now. The only practical solution I have found is to fund those whose full time job it is to be watchdogs and to fight back, like the EFF. That's about the best I can do for now. I haven't been shown another reasonable action that I can take that would be truly useful.