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 main point
by djohnston on Sun 1st Jul 2012 08:08 UTC
djohnston
Member since:
2006-04-11

"The end result is simple. Even if a majority of voters in a country want a drastic reduction in IP rights to modernise IP law and adapt it to modern times, it simply cannot be implemented. This effectively means that copyright law, patent law, trademark law, and all other associated laws, exist in a protected legal bubble over which we, as voters, have zero democratic control. In other words, current IP law exists entirely outside of the democratic process - effectively making it totalitarian."


Isn't that the main point of the article? The perceived futility of altering processes out of our reach? Shouldn't we be worried about how to change the status quo to a more equitable arrangement? Yet, the discussion from some is devolving into some kind of brand war amongst their proponents. "My favorite brand is better than yours because mine is less of a patent troll!"

Geez, no wonder the world's in such a mess. I'm glad Thom posted this kind of 'technocrat merges with social consciousness' article. I wasn't aware of some of what he wrote about. Kudos, Thom.

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