Linked by Thom Holwerda on Sat 30th Jun 2012 19:34 UTC
Legal Yesterday, we were treated to another preliminary injunction on a product due to patent trolling. Over the past few years, some companies have resorted to patent trolling instead of competing on merit, using frivolous and obvious software and design patents to block competitors - even though this obviously shouldn't be legal. The fact that this is, in fact, legal, is baffling, and up until a few months ago, a regular topic here on OSNews. At some point - I stopped reporting on the matter. The reason for this is simple: I realised that intellectual property law exists outside of regular democratic processes and is, in fact, wholly and utterly totalitarian. What's the point in reporting on something we can't change via legal means?
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The Problem Is Not IP Law
by raboof on Sun 1st Jul 2012 12:32 UTC
raboof
Member since:
2005-07-24

For the most part, IP Law is not the problem.

While it might be true it we're so 'deep into' various treaties and trade agreements it's impossible to 'go back', those treaties are generally the lowest common denominators of laws that were (democratically!) decided on before, and were fairly reasonable.

As Thom points out in the first paragraph, the problems we face today are mostly with 'frivolous and obvious software and design patents' which 'obviously shouldn't be legal'.

All IP laws have safeguards and prerequisites designed to prevent abuse, such as patenting obvious stuff.

It's in the execution of those laws where we're going way wrong today. It is the USPTO's, EPO's and the like that need a firm reality check. And we can do that without doing something drastic like pulling out of WTO - the treaties leave ample room for interpretation.

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