4 ms·

The cold and harsh truth nobody is willing to put out there: if Apple and Microsoft may abuse vague software patents, why shouldn't Lodsys? Monkey see, monkey

The cold and harsh truth nobody is willing to put out there: if Apple and Microsoft may abuse vague software patents, why shouldn't Lodsys? Monkey see, monkey do. You are either against software patents, or you're not. You can't cherry-pick the companies you like and excuse them for abusing software patents. Lodsys is nothing but an exponent of a broken system large companies themselves created and are now sustaining.

raganwald 13y ago
I think you're making an interesting argument about bias amongst us, but the support you give is unpersuasive. It comes down to a difference between a non-performing entity and a business. Apple and Microsoft employ people to attempt to develop novel solutions to real problems for the purposes of creating products. Trolls do not. Now, this does not excuse Apple or Microsoft for BS patents. And that's a good discussion to have. But it isn't "monkey see, monkey do."
- ScottBurson 13y ago
  I think the non-performing entity argument is a red herring. As long as patents exist at all, patent rights will be salable. Rather, I think the problem is that the vast majority of these patents fail to cross the obviousness bar and should never have been granted at all. I mean, seriously, a patent on sending a fax by email, when lots of things are already being sent by email? Give me a fucking break! I think the fundamental problem is this. A patent is a deal we, the people of the US, make with an inventor: add significantly to the sum total of our technical knowledge, and in exchange, we'll give you a time-limited monopoly on the technique you invented. The problem is that there isn't anyone unambiguously charged with making sure this is a good deal for us: that the knowledge we're getting is worth the price we're paying. It's technically the PTO's responsibility, and they do make some effort, but the incentives given patent examiners don't encourage them to be hard-nosed about it.
reader5000 13y ago
Apple and Microsoft do not try to extort petty cash from small developers (at least not by way of patents, amirite?). Outside of that, I don't think HN has ever been congratulatory of their patent shenanigans either (perhaps except when they have to eat their own BS).
- talmand 13y ago
  So, it's not the behavior but the target?

raganwald 13y ago

I think you're making an interesting argument about bias amongst us, but the support you give is unpersuasive. It comes down to a difference between a non-performing entity and a business. Apple and Microsoft employ people to attempt to develop novel solutions to real problems for the purposes of creating products. Trolls do not. Now, this does not excuse Apple or Microsoft for BS patents. And that's a good discussion to have. But it isn't "monkey see, monkey do."

ScottBurson 13y ago
I think the non-performing entity argument is a red herring. As long as patents exist at all, patent rights will be salable. Rather, I think the problem is that the vast majority of these patents fail to cross the obviousness bar and should never have been granted at all. I mean, seriously, a patent on sending a fax by email, when lots of things are already being sent by email? Give me a fucking break! I think the fundamental problem is this. A patent is a deal we, the people of the US, make with an inventor: add significantly to the sum total of our technical knowledge, and in exchange, we'll give you a time-limited monopoly on the technique you invented. The problem is that there isn't anyone unambiguously charged with making sure this is a good deal for us: that the knowledge we're getting is worth the price we're paying. It's technically the PTO's responsibility, and they do make some effort, but the incentives given patent examiners don't encourage them to be hard-nosed about it.

reader5000 13y ago

Apple and Microsoft do not try to extort petty cash from small developers (at least not by way of patents, amirite?). Outside of that, I don't think HN has ever been congratulatory of their patent shenanigans either (perhaps except when they have to eat their own BS).

talmand 13y ago
So, it's not the behavior but the target?