Linked by Thom Holwerda on Fri 14th Oct 2011 19:05 UTC
Legal Yes, I'm hearing you guys - time to tone down a bit on the patent news. Hence, a summary here of recent developments concerning the various legal cases between Samsung and Apple. Today in The Netherlands, the judge ruled [Dutch] that Samsung will not be able to block the iPhone/iPad from the Dutch market. In the meantime, the Australian courts upheld the preliminary injunction against the Galaxy Tab 10.1, while the American courts ruled that while the Tab indeed infringes upon Apple's design patents, Apple has not yet convinced the judge that that actually matters. Tying this all together with earlier rulings we already covered - it seems like judges across the world are really, really willy-nilly. Update: DailyTech has some detailed visual comparisons between Samsung's and Apple's devices, as well with the various design patents. Huh. You don't say.
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RE[2]: The real loser...
by Jennimc on Fri 14th Oct 2011 20:28 UTC in reply to "RE: The real loser..."
Jennimc
Member since:
2011-06-22

Failing that, the only way this system is going to change is if/when these big companies get tired of suing each other, or somebody comes up with enough money to pay the government more than these companies do.


Why is your first reaction to get upset at the litigator rather than the thief?

Reply Parent Score: 1

RE[3]: The real loser...
by andydread on Fri 14th Oct 2011 22:10 in reply to "RE[2]: The real loser..."
andydread Member since:
2009-02-02

"Failing that, the only way this system is going to change is if/when these big companies get tired of suing each other, or somebody comes up with enough money to pay the government more than these companies do.


Why is your first reaction to get upset at the litigator rather than the thief?
"

Yes and your reason here is exactly the same reason why Apple needs to payup to Lodsys for sub-licensing patents they had no authority to do. Its stealing and Apple is a thief for stealing Lodsys's patents and handing them over to app developers. Lodsys licensed the patents to Apple for its personal use. Not for redistribution to 3rd party App developers. Its akin to purchasing a CD and putting a track online for all to use. Whether its software-patents or copyright the bottom line is Apple stole Lodsys intellectual property by redistributing it to 3rd parties. They should pay Lodsys. That is all.

Reply Parent Score: 3

RE[3]: The real loser...
by Gone fishing on Sat 15th Oct 2011 09:01 in reply to "RE[2]: The real loser..."
Gone fishing Member since:
2006-02-22

I've got an idea for a patent - an AI system that recognizes when you post a trollish comment and tells you to grow a brain.

More seriously

Products are the material realization of ideas and ideas by their nature are cumulative - built on other ideas etc. It seems likely to me, that cultural evolution is probably directly analogous to Darwinian evolution, with ideas spreading replicating and changing. Academia or for example Science recognizes this cumulative process and has immensely successful with the open per review system. IT would be wise to follow a similar open development model. To prevent the cumulative development of ideas because of greed and a misconceived patent system would be foolish in the extreme lead to stagnation and will ultimately fail – in the end ideas win.

I feel that the broken patents system has a resonance with some western politicians as they see it as a way of safe guarding their local national advantage – again this is mistaken and in the end will fail. For nations to maintain or increase their technological advantage, invest in education and innovation. Make sure that the young are educated in appropriate skills and technologies and have the confidence and discipline to innovate. This will be far more productive than bogus laws and investing billions in lawyers and court fees.

Possibly there is a case for patents in the development of products which have taken vast amounts of R and D, if it promotes the development of ideas. – but software patents no, the copyright system is sufficient.

Reply Parent Score: 7

RE[4]: The real loser...
by Thom_Holwerda on Sat 15th Oct 2011 10:18 in reply to "RE[3]: The real loser..."
Thom_Holwerda Member since:
2005-06-29

Make sure that the young are educated in appropriate skills and technologies and have the confidence and discipline to innovate.


Politicians don't want us to be too smart. We need to be smart enough to work, but stupid enough not to question the system.

Reply Parent Score: 2