Topic: Example of why the patent system needs fixing. (Read 2791 times)

Nemesis · « **on:** June 08, 2007, 08:56:42 pm »

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Intellectual Weapons is offering to accept vulnerabilities you've discovered, as long as you haven't told anyone else, haven't discovered the vulnerability through illegal means or have any legal responsibility to tell a vendor about the vulnerability.

Also, the vulnerability has to be profitable—the product must be "highly valuable," according to the firm's site, "especially as a percentage of the vendor's revenue." The product can't be up for upcoming phaseout—after all, the system takes, on average, seven years to churn out a new patent. The vendor has to have deep pockets so it can pay damages, and your solution has to be simple enough to be explained to a jury.

1/ Figure out the fix to a security problem
2/ Patent the fix
3/ Sue the software company (primary target Microsoft) for fixing the security flaw and violating your patent.

This is not what patents were created to do. The system is severely broken and needs to be fixed soonest.

Sarek · « **Reply #1 on:** June 10, 2007, 07:15:06 am »

I would think that the software companies could head off lawsuits through the EULA; a condition of the license would be to make any security discoveries and fixes automatically property of the software company.

Nemesis · « **Reply #2 on:** June 10, 2007, 07:54:32 am »

Quote from: Sarek on June 10, 2007, 07:15:06 am

I would think that the software companies could head off lawsuits through the EULA; a condition of the license would be to make any security discoveries and fixes automatically property of the software company.

That has been proposed. But many features of the EULA have already been overturned in various jurisdictions. I believe New York State overturned Microsofts "you can only publish a review with our consent to the text" EULA portion.

I would rather do away with the EULA except where the EULA extends more rights to the purchaser than copyright law allows. Or where both sides have the ability to negotiate the terms before the sale and they only change afterwards with mutual negotiated consent. The current EULA system is just allowing software companies to write their own copyright law. The current one sided system is not just.

The whole patent system is not working as intended.

Consider this patent application which was discussed here briefly once before. Why was it even considered? Any patent referring to "the conical spiritual eye" should demand a working prototype before even being considered.

Why was Microsoft able to get a patent on part of the iPod interface after the iPod was on the market? Why were they able to patent the FAT file system 20 years after the FAT system was on the market? Why have they been able to patent things that have clear prior art in some cases going back decades?

Why is Microsoft currently able to go around claiming that Linux distributions violate 235 Microsoft patents and demanding payment for that while not having to state what patents are violated and in what way - even when asked publicly?

Why is it that you no longer need to clearly define HOW to implement the patent? Its like getting a patent on "trapping mice" rather than on a specific form of mouse trap.

Panzergranate · « **Reply #3 on:** June 19, 2007, 05:45:22 pm »

A friend and myself are in the midst of patenting a radically new true variable valve timing system using a shape changing camshaft. Inventing the thing was easy, patenting the thing is like trying to understand Welsh!!

I think the point of patenting is to make your invention corporate lawyer proof, so that they can't find a loophole so that they can knock out near copies without paying royalties.

It is so confusing to file a patent!!

Didn't someone try to patent the human gene code??

I though that GOD had creative rights on that??!!

Nemesis · « **Reply #4 on:** June 19, 2007, 06:15:23 pm »

Quote from: Panzergranate on June 19, 2007, 05:45:22 pm

Didn't someone try to patent the human gene code??

They got a copyright on the human genome and companies have patented individual genes that they discovered.

Just plain old Punisher · « **Reply #5 on:** June 19, 2007, 08:38:22 pm »

I shall patent the word patent.

Ha! I'm a super genius!

Panzergranate · « **Reply #6 on:** June 20, 2007, 07:36:27 am »

Just patent Bullsh*t and screw up the arts, politics, marketing and advertising the world over.

Everyone has copyright on anything they write, say or create. For instance, if I fart I reserve copyright on it though it is customary to credit a fart to someone nearby.

Just plain old Punisher · « **Reply #7 on:** June 20, 2007, 01:25:20 pm »

Quote from: Panzergranate on June 20, 2007, 07:36:27 am

Just patent Bullsh*t and screw up the arts, politics, marketing and advertising the world over.

Everyone has copyright on anything they write, say or create. For instance, if I fart I reserve copyright on it though it is customary to credit a fart to someone nearby.

Ha! By using the word patent you owe me 50 ka-gillion dollars.

Panzergranate · « **Reply #8 on:** June 20, 2007, 01:52:27 pm »

My favourte plagarism case was when the Czech motorcycle company sued Honda over the blatant copying of the automatic clutch system from the JAWA 250/350 automatics on the then new Honda 50 Cub. This was in 1965.

Who says the Japs were never caught out copying.

It's refered to as "The Case of the Clutch" in the legal books.

We're finding the whole patenting process complicated. having to do and redo drawings so as to be leaglly watertight, etc. Engineering is just so much easier when compared.

Sirgod · « **Reply #9 on:** June 21, 2007, 01:23:12 am »

How the hell does one file a patent any way these days? I went to the patent.gov site, and It takes over a year, and that's under Dem control. the other way is to share it, by going through these fly by night patent offices.

Stephen

Panzergranate · « **Reply #10 on:** June 21, 2007, 09:51:15 am »

You hire a patent agent in the end.

These are sort of engineers cum lawyers (and I mean more like legal advisors) who understand the dirty tricks the big corporations, etc. will try to use your invention "legally" with having to pay for it.

The advise you how to fix it so that they can't. This is with your filed drawings, wording, descriptions, applications, etc.

Basically they're guides into the mysterious world of patenting, the law regarding it, etc.

It's like hiring an accountant to do your tax returns rather than do them yourself, they save you more money in the long run as they know how to play the rules.

A Joke....

Q: Why does New York have all the lawyers and Queens have all the toxic waste dumps??

A: Queens had first pick!!

FCM_SFHQ_XC · « **Reply #11 on:** June 22, 2007, 12:52:47 am »

Well in truth, most everything government wise needs fixing. Lets see we got Passports, Congress, FEMA, FDA, Homeland security, CIA, Air Traffic Control, and now, without any suprise at all...... patent's... o.O

...next in line it'll be the Committie of Fixing Agencies[CFA] that'll need fixing as well

(actually that would be rather amusing if the Gov did create a CFA then it breaks

)

Panzergranate · « **Reply #12 on:** June 22, 2007, 08:38:41 am »

I think the problem is with agencies is that somewhere in there they have lawyers.

When lawyers advise government agencies they are more concerned with making sure that there will be plenty of work for their lawyer brethern n there somewhere.

Sirgod · « **Reply #13 on:** June 22, 2007, 03:29:08 pm »

Hey Nem, I caught this article today, and thought you would be interested in it.

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I came across this today my friends, thought I would share it with you.

Quote:
http://www.chud.com/index.php?type=news&id=10826
Hollywood has been considering a variety of options to firm up box office revenue and thwart the looming threat of piracy. One of the most controversial is the “premiere” day-and-date release which would see major blockbusters available for cable PPV purchase prices in the $30-$50 range on the same day they come out in theaters.

The only question is which title is going to kick off this experiment, and the answer isn’t that surprising. It appears that Michael Bay’s Transformers will claim the mantle. According to techie site Uberpulse.com, the film will debut on July 3 on cable PPV for the upper-range price of $49. The story’s short on details beyond that, so I can’t tell you for sure that it will only be “cable” PPV, as opposed to PPV across cable and satellite systems.

Stephen

Nemesis · « **Reply #14 on:** June 22, 2007, 06:54:15 pm »

Quote from: Stephen NCC -73070 on June 22, 2007, 03:29:08 pm

Hey Nem, I caught this article today, and thought you would be interested in it.

Quote
I came across this today my friends, thought I would share it with you.

Quote:
http://www.chud.com/index.php?type=news&id=10826
Hollywood has been considering a variety of options to firm up box office revenue and thwart the looming threat of piracy. One of the most controversial is the “premiere” day-and-date release which would see major blockbusters available for cable PPV purchase prices in the $30-$50 range on the same day they come out in theaters.

The only question is which title is going to kick off this experiment, and the answer isn’t that surprising. It appears that Michael Bay’s Transformers will claim the mantle. According to techie site Uberpulse.com, the film will debut on July 3 on cable PPV for the upper-range price of $49. The story’s short on details beyond that, so I can’t tell you for sure that it will only be “cable” PPV, as opposed to PPV across cable and satellite systems.

Stephen

Its interesting. That "firm up box office revenue" comment is laughable though.

Link

Total U.S. Box Office Grosses

Year
   Box Office*
2006    $9.48
2005    8.99
2004    9.53
2003    9.49
2002    9.52
2001    8.41
2000    7.67
1999    7.45
1998    6.95
1997    6.37
1996    5.91
1995    5.49
1994    5.40
1993    5.15
1992    4.87
1991    4.80
1990    5.02
1989    5.03
1988    4.46
1987    4.25

*in billions

There have been dips but they are holding fairly firm overall.

News: