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

Re: Spawn of the Devil?

Author:Gary Robinson
Posted:7/25/2000; 6:39:03 AM
Topic:Spawn of the Devil?
Msg #:19006 (In response to 19005)
Prev/Next:19005 / 19007

If it is truly a trivial patent, then it can be overturned in court. That's part of the process. Obtaining a patent is only the first level, then it can be challenged in court if anyone wants to do so.

Merely having a trivial patent doesn't give anyone vast amounts of power.

Counterargument: but a patent holder can hassle small businesses by offering a license that costs less than it would to challenge the patent. So, they are better off getting a license than challenging the patent, so the patent continues to exist as a tax on each business the patent holder chooses to attack.

Countercounterargument: That's B.S. All that needs to happen is for the companies that think a patent is trivial is to get organized, and work together to pay for the costs of overturning it in court. If such organizations choose not to do so, it isn't Bezos' fault; he has a responsibility to his shareholders to get patents where he believes an idea is not trivial (as evidenced, but not proven, by the fact that B&N and the rest of the world did not apply for the patent first).

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