Patents are innovation killers
Kevin Burton reports that Apple is trying to patent RSS...or at least various functions of it. Erm...Dave? Is this right?
Chantal Payette wrote a while ago about patent laws being a total joke. I agree wholeheartedly.
I think that patents have gotten out of hand. I've read in various places that big companies like Google have entire departments of people filing patents...for stuff they don't even invent or deploy or have any desire to ever use...just to block competition.
The fact is that Patents Kill Innovation. Kill it. In fact, I would throw trademarks, copyrights, and any other legal form of 'protecting the source' in there. They very rarely ever benefit the inventor any longer. Someone warned me the other day that I should patent my new UI on Riya or someone could come along, patent it and sue us. WTF? Is the system really so flawed?
Photo Credit: Ichor...Graveyard in Snow
Technorati tags: patents, copyright, trademark, stupid, patentssuck
Technorati tags: patents, copyright, trademark, stupid, patentssuck
12 Comments:
How do you suggest protecting person who develop something that a big corporation then use in mas production? how will you ensure that the poor guy get paid?
I was reading the other day that recently a company was just awarded the patent to AJAX and Flash like technologies. They filed for the patent back in 2000 and were just awarded it. It's some crazy stuff.
Reputable companies (and I'll include Google here) use patent portfolios defensively. When they are notified of infringement they trade or cross-license technology.
And patents are only granted for new an unique inventions, so you can't patent something you didn't invent (though the USPTO seems to be very poor at catching these things lately - they seem to have no sense of prior art).
I don't agree with the statement that patents are innovation killers. I even think that Riya has some patents in process. And what you guys are doing is totally cool, totally innovative. I want it so I can stop searching DSCN files.
The patent system is broken. The USPTO is clueless and there are companies that create and sit on patents without any intent to create an innovative product or service. Vultures. The only thing worse are class action lawsuit attorneys that make millions while I get my $12.58 check for being wronged. The practice of shells like NTP need to be stopped and the only way that I can think of to do so is to have them show evidence of intending to bring a product or service to market before being able to stop another from doing so.
While far from being an attorney, generally speaking I don't think GUI's in and of themselves are very patent protectable. It is the process of delivering the application that is important. You may be able to copyright them but it does not tend to hold up. Take a quick look at the impact section of this: http://en.wikipedia.org/wiki/Apple_v._Microsoft
Don't get me wrong, but thank god people are more down-to-earth in Europe :) Judges should slap you straight in the face if you would sue over a patent like this.
Big companies use patents to fend off other companies lawsuits, or at least to get into a horse-trade "you don't sue me, and I wont sue you over this patent I filed". It's BS, and inevitably the little guy gets ripped off.
I am thinking here about Apple desktop widgets vs. Konfabulator.
And I think you can patent a UI, if it is strongly identifiable and provides a unique experience.
I agree with Lance, it is a good bet that Riya is patenting their face recognition software (as well they should), it is better to protect your time/investment so you dont get the short end of the stick at a later date. While there are patent trolls (NTP anyone) who will try to capitalize (extort) funds from an honest company, most patents will be used for protection not agression
Sorry to ask Tara, but doe Riya hold any patents or is going through the process of applying for any?
btw, I'm not defending Apple with this question, just asking.
Alex.
@everyone - yes...Riya has patents and will continue to file them. And, yes, I agree that we are doing some special work here.
I guess I agree most with lance, who said the patent system is broken. There has to be a better way.
However, if I was to take my argument way far into the direction of no-patentland, I would say that in a world of no patents at all, Riya, being a super smart, super passionate young company can be quicker and smarter and ahead of the curve. Even with patents, big companies can easily try to do the same thing as we are doing...just slightly different. Where we will win is that we have heart, really smart people and are going to be there first because a small company can move faster.
I agree software patents are killing innovation, but there is an entire different point to be reminded here.
I as a software developer can only see my work as a specific implementation of some idea, which for sure must have roots on someone else's idea I heard about, read about and so on. As long as a software patent protects this very specific implementation, I don't see a problem with it, since it protects me and does not harm anybody else coming with the same idea and a different implementation. After all, I own the source code for it, that's why software patents for implementations are just useless. But when they go beyond that and as far as protecting a sole idea, that's total rubbish and should be taken down. Patenting an idea *is* by definition an innovation killer.
Now don't get me wrong, but there still must some protection to pay for, and that's trademark and asset. Say I make a website called Riya, and make sure search engines point to me. Would you be pleased with that? You would hold this case in court and fight it because you have an asset to protect, that's your trademark. So it's not entirely a disintermediated thing, there must still be a middle man, hopefully acting good to protect someone's asset.
Riya are using off the shelf face recognition algorithms. Go see Wikipedia for the algorithms.
If they have a better algorithm, it would be better kept using trade secrets.
Right on. That patent system is not only broken, it's inherently unjust, because it violates the fundamental human right to create.
Patent hoarding could be compared to window-breaking -- it benefits windowmakers by stealing from everyone else.
Fortunately, there are a bunch of good reform ideas out there. Unfortunately, patent-holders tend to spend a lot of money on lobbyists to "reform" things in ways that make the system even more oppressive.
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