Archive of UserLand's first discussion group, started October 5, 1998.

Re: Spawn of the Devil?

Author:Gary Robinson
Posted:7/25/2000; 8:06:50 AM
Topic:Spawn of the Devil?
Msg #:19012 (In response to 19009)
Prev/Next:19011 / 19013

Why should I have to go to court to get the right to use a certain plot or sub-plot?

People in ANY industry who don't hold a patent but want to use a patented idea could ask the same question. But overall, Congress, over many years, has judged that there is more good than bad to the patent system.

It's like democracy. As is said, it's the worst possible system until you consider all the other ones.

The problem that patents are trying to route around is this: without patent protection, the money and power tend to flow to those who are well-connected to the sources of money and power, not to those who truly innovate. (There are of course, exceptions, like Napster, but that doesn't change the rule.)

But those who innovate should have the money and power to bring their innovations out faster.

The Internet community seems now to be focusing ONLY on the negative side, the ugly underbelly of patents, and not on the benefits that have been proven, on balance, over many years, to be worth putting up with the negatives.

As I've mentioned elsewhere, however, I do think Bezos is right that the time period needs to be much shorter for software patents due to the inherently shorter R&D cycle of software; this is something to address through Congress. Also there should be a very, very good database of prior art.

Has anyone heard of work being done in this area?

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