EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

02.23.10

Tim Bray Asks Patent Lawyers to Find Something Better to Do After “Actively Damaging Society”

Posted in Bill Gates, Intellectual Monopoly, Microsoft, Oracle, Patents, SUN at 2:49 pm by Dr. Roy Schestowitz

Summary: Criticism of the patent system is increasing and abolishment too is being considered for what became a hindrance — not a facilitator — to science

Filed under post slug “Patent Fail”, the following new post from Tim Bray is an expression of hatred of patents (Bray works for Oracle, but opinions in his blog are personal). He titled it “Giving Up On Patents”:

Not so many years ago, even as I was filled with fear and loathing of the hideous misconduct of the US Patent & Trademark Office, I retained some respect for the notion of patents. I even wrote what I think is an unusually easy-to-read introduction to Patent Theory. But no more. The whole thing is too broken to be fixed. Maybe it worked once, but it doesn’t any more. The patent system needs to be torn down and thrown out.

[...]

And here are a few words for the huge community of legal professionals who make their living pursuing patent law: You’re actively damaging society. Look in the mirror and find something better to do.

Maybe Bray can confront his employer over this*. Among those new articles that he cites is this excellent Mises analysis which uses the confusing term “IP”:

How should the IP system be reformed? For those with a principled, libertarian view of property rights, it is obvious that patent and copyright laws are unjust and should be completely abolished.[2] Total abolition is, however, exceedingly unlikely at present. Further, most people favor IP for less principled, utilitarian reasons. They take a wealth-maximization approach to policy making. They favor patent and copyright law because they believe that it generates net wealth — that the value of the innovation stimulated by IP law is significantly greater than the costs of these laws.[3]

What is striking is that this myth is widely believed even though the IP proponents can adduce no evidence in favor of this hypothesis. There are literally no studies clearly showing any net gains from IP.[4] If anything, it appears that the patent system, for example, imposes a gigantic net cost on the economy (approximately $31 billion a year, in my estimate).[5] In any case, even those who support IP on cost-benefit grounds have to acknowledge the costs of the system, and they should not oppose changes to IP law that significantly reduce these costs, so long as the change does not drastically reduce the innovation gains that IP purportedly stimulates. In other words, according to the reasoning of IP advocates, if weakening patent strength reduces costs more than it reduces gains, this results in a net gain.

Economists recognise the fact that patents are harmful and so do engineers. But as long as lawyers run our governments and collude with other lawyers [1, 2], rules will be established by the wrong people. It’s a battle between creators and leeches of these creators. A lot of people may not remember this, but Bill Gates was bound to be a lawyer, raised by a prominent (and apparently corrupt) lawyer, so he is not an engineer. Tim Berners-Lee, a true innovator, says that “software patents are a terrible thing”, but Microsoft still uses these for racketeering [1, 2, 3, 4, 5, 6, 7], even this week.
_____
* I had arguments with Sun about the subject (but a lot of employees suppress their own opinion because of a paycheck).

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

A Single Comment

  1. your_friend said,

    February 24, 2010 at 1:11 am

    Gravatar

    This is a GPL3 violation and Amazon will lose the ability to distribute any GPL3 licensed software on Kindle and other devices they sell. I’m not sure how they will manage without GNU on Kindle without the device being very feature poor and expensive.

    What a repulsive extortion this is.

What Else is New


  1. Links 24/10/2014: GNU/Linux History, Fedora Delay

    Links for the day



  2. Links 23/10/2014: New *buntu, Benchmarks

    Links for the day



  3. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  4. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  5. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  6. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  7. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  8. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  9. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  10. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  11. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents



  12. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests



  13. The EPO's Public Relations Disaster Amid Distrust From Within (and EPO Communications Chief Leaves): Part VII

    Amid unrest and suspicion of misconduct in the EPO's management (ongoing for months if not years), Transparency International steps in, but the EPO's management completely ignores Transparency International, refusing to collaborate; the PR chief of the EPO is apparently being pushed out in the mean time



  14. Links 18/10/2014: Debian Plans for Init Systems, Tails 1.2

    Links for the day



  15. Links 18/10/2014: New ELive, Android Expansion

    Links for the day



  16. Another Fresh Blow to Software Patents (and With Them Patent Trolls)

    Another new development shows that more burden of proof is to be put on the litigant, thus discouraging the most infamous serial patent aggressors and reducing the incentive to settle with a payment out of court



  17. Links 16/10/2014: New Android, SSL 3.0 Flaw

    Links for the day



  18. How the Corporate Press Deceives and Sells Microsoft Agenda

    Various new examples of media propaganda that distorts or makes up the facts (bias/lies by omission/selection) and where this is all coming from



  19. Vista 10 is Still Vapourware, But We Already Know It Will Increase Surveillance on Its Users and Contain Malicious Back Doors

    The villainous company which makes insecure-by-design operating systems will continue to do so, but in the mean time the corporate press covers only bugs in FOSS, not back doors in proprietary software



  20. Links 15/10/2014: KDE Plasma 5.1 is Out, GOG Reaches 100-Title Mark

    Links for the day



  21. With .NET Foundation Affiliation Xamarin is Another Step Closer to Being Absorbed by Microsoft

    Xamarin is not even trying to pretend that separation exists between Microsoft and its work; yet another collaboration is announced



  22. The EPO's Protection Triangle of Battistelli, Kongstad, and Topić: Part VI

    Jesper Kongstad, Benoît Battistelli, and Zeljko Topić are uncomfortably close personally and professionally, so suspicions arise that nepotism and protectionism play a negative role that negatively affects the European public



  23. Corporate Media Confirms the Demise of Software Patents in the United States; Will India and Europe Follow?

    It has become increasingly official that software patents are being weakened in the United States' USPTO as well as the courts; will software leaders such as India and Europe stop trying to imitate the old USPTO?



  24. Links 14/10/2014: CAINE 6, New RHEL, Dronecode

    Links for the day



  25. Microsoft's Disdain for Women Steals the Show at a Women's Event

    Steve Ballmer's successor, Satya Nadella, is still too tactless to lie to the audience, having been given --through subversive means -- a platform at a conference that should have shunned Microsoft, a famously misogynistic company



  26. SCOTUS May Soon Put an End to the 'Copyrights on APIs' Question While Proprietary Giants Continue to Harass Android/Linux in Every Way Conceivable

    Google takes its fight over API freedom to the Supreme Court in the Unites States and it also takes that longstanding patent harassment from the Microsoft- and Apple-backed troll (Rockstar) out of East Texas



  27. Patent Lawsuits Almost Halved After SCOTUS Ruling on 'Abstract' Software Patents

    The barrier for acceptance of software patent applications is raised in the United States and patent lawsuits, many of which involve software these days, are down very sharply, based on new figures from Lex Machina



  28. Links 13/10/2014: ChromeOS and EXT, Debian Resists Systemd Domination

    Links for the day



  29. Links 12/10/2014: Blackphone Tablet, Sony's Firefox OS Port

    Links for the day



  30. Links 9/10/2014: Free Software in Germany, Lenovo Tablets With Android

    Links for the day


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts