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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A questions for Thom
by mkone on Sat 30th Jun 2012 22:02 UTC
mkone
Member since:
2006-03-14

Can you give us examples of these democratic processes that IP law sits outside?

You can't just say that the processes are undemocratic because you don't like the outcomes.

Reply Score: 0

RE: A questions for Thom
by Thom_Holwerda on Sat 30th Jun 2012 22:14 in reply to "A questions for Thom"
Thom_Holwerda Member since:
2005-06-29

Can you give us examples of these democratic processes that IP law sits outside?

You can't just say that the processes are undemocratic because you don't like the outcomes.


I don't think you read the article.

Reply Parent Score: 2

RE[2]: A questions for Thom
by mkone on Sun 1st Jul 2012 02:29 in reply to "RE: A questions for Thom"
mkone Member since:
2006-03-14

Thom, your last statement (question actually) in your "article" was "What's the point in reporting on something we can't change via legal means?".

Wel, you generally don't change laws via the legal process, but via the legislative process which is the domain of politicians. IP law exists because lawmakers made it so.

As far as I am aware, most countries' legislative bodies are sovereign, i.e. they can legislate whatever they want.

The fact of the matter is that the public is not clamouring for a change in IP laws, therefore what is happening is completely democratic. If the vast majority of people want IP laws to change, then they should vote in people who pledge to change them. However, we all know most people aren't bothered about IP law, therefore it is entirely democratic that the law, as it stands, is applied. By not voting for change the public is voting for the status quo.

Reply Parent Score: 5

RE: A questions for Thom
by sydbarrett74 on Mon 2nd Jul 2012 04:51 in reply to "A questions for Thom"
sydbarrett74 Member since:
2007-07-24

If you would read the entire article, it would be evident to you that he lays out the historical evolution very nicely. Or are you merely trolling?

Edited 2012-07-02 05:02 UTC

Reply Parent Score: 1