Linked by Thom Holwerda on Mon 17th Sep 2012 18:12 UTC
Legal "Nothing is original, says Kirby Ferguson, creator of Everything is a Remix. From Bob Dylan to Steve Jobs, he says our most celebrated creators borrow, steal and transform. Kirby Ferguson explores creativity in a world where 'everything is a remix'." In 9 minutes and 42 seconds, Ferguson explains in plain English why patent and copyright law is fundamentally broken.
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RE[5]: This is blasphemy
by tanzam75 on Tue 18th Sep 2012 20:23 UTC in reply to "RE[4]: This is blasphemy"
tanzam75
Member since:
2011-05-19

Yes, it's all in ONE sentence and I have no idea what the hell it is trying to claim. What, if you write long enough sentence that no-one understands they'll just grant your patent out of exhaustion?


Patent claims are written entirely by lawyers. These are the type of people who never pass up a chance to write two words where one would do.

The description section tends to be slightly better than the claims section, because the lawyer will usually start from the description supplied by the original inventor. Because the lawyer didn't write the whole thing, you can occasionally see some English poke through.

Lawyers like to make the law seem difficult, so that people feel that they can't tackle legal affairs without them. Just as an example, the legal documents in the Nolo books are much shorter and simpler than the typical document produced by American lawyer:

Nolo: "I, name, of City, State, declare that this is my will. I revoke all wills that I have previously made."

Typical lawyer: "I, Name, of City, State, being of sound and disposing mind, do hereby make, publish, and declare the following to be my Last Will and Testament, revoking all previous wills and codicils made by me."

Both are equally valid, and both have been tested in court. But one of them is loaded with useless language that has absolutely no legal effect.

(For example, declaring that you're "of sound and disposing mind" doesn't make you so -- and it doesn't help if someone challenges your will in court on the basis of insanity.)

Edited 2012-09-18 20:24 UTC

Reply Parent Score: 3