Linked by Thom Holwerda on Mon 8th Oct 2012 09:24 UTC
Legal The failing US patent system is getting ever more mainstream - The New York Times is running a long and details piece on the failings of the system, especially in relation to the technology industry most of us hold so dearly. Most of the stuff in there isn't new to us - but there's two things in the article I want to highlight.
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Tony Swash
Member since:
2009-08-22

The fact that Apple and Google are spending so much is hardly surprising, intense IP litigation (and therefore costs) always takes place when technology mutates in such a way as to profoundly transform models in business arenas that are very large in such a way as to destroy old financial and market systems and create new ones. That is what is happening in the realm of the mobile device, vast fortunes are at stake and the only two successful players (so far) are Apple and Google. The conditions that create periods of intense IP litigation in any specific domain of technology do not last for ever. This one will fade away at some point. But not yet.

I have worked outside and inside government during my long working life and being outside it is a lot easier to see clear cut and seemingly obvious solutions to problems. Once inside however and confronted with the nitty gritty detail of how to actual change things with making things worse it get's very complicated very fast.

I am always suspicious of seemingly obvious and simple solutions, such as the abolition of IP laws, because in general changing things, especially things that involve a great deal of money, are always actually very difficult and never straightforward.

The question I would pose is that if one accepts the current legal framework for IP is broken what do you replace it with? That's a very serious and big question and I would interested to see what people suggest.

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