Wait, Who Do Politicians Represent Again?
from the not-us,-apparently dept
Yesterday we mentioned that various special interests have convinced some in Congress to hold off on patent reform. To some extent, this is fine, since there are plenty of problems with the patent reform being offered. However, the reasons for holding off aren't because of that -- but because some big patent holders are upset at the few good things in the bill. In the meantime, Ed Felten picks up on a key point. Howard Berman, the main sponsor of this bill, responded to the requests to hold off voting on it by saying there's no reason to since "all of the interested parties" have been heard from: "independent inventors, universities, bio-technology, pharmaceutical, software and financial services industries." Ed Felten asks "who's missing from that list?" Oh, right. The citizens the government is supposed to represent. This isn't specific to patent reform of course. Just about any legislation tends to call in folks from the various industries it will impact -- but rarely bothers to speak to the actual citizens they're supposed to be representing. Of course, it's not easy to "represent" the views of the citizenry, especially since the citizenry doesn't always know enough to know what's best overall. However, it certainly should be possible to bring in experts who can look at the impact not just on businesses, but on society as a whole.
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that's whats wrong with the US today, people are not in politics for the people, they are in it to get rich.
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Mike knows what's best for us
You are SOOO right dude !!!
Just from reading this shitty blog one can get a solid impression that the authors and most of the readership don't know shit about patents...
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Re: Mike knows what's best for us
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Many of us learned about it in high school civics.
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Re: Mike knows what's best for us
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patent
I recently received my first US Patent on some high-tech invention. I won't tell you what it is but it is related to the future of telecom.
I had no plans to become a "patent troll", I actually want to develop new technology and make a living out of it... Ideally it would be a small company with a few patents on some technological advances which can then be licenced to larger firms to be included in consumer products.
BTW, all consumer products are manufactured in China, this is just how things work nowdays, there is just no way for a small startup to actually manufacture something in US and be profitable... But you already know it, Joe, don't you?
Now, let me tell you this: if this "patent reform of 2007" passes, nobody, I mean, no one in his right mind will invest a dime in my small company, even if I have a bunch of good patents.
Same can be said about all other startups developing new technology: most of them will die out. You will eventually end up with just a few tech behemots like MS, Cisco, Motorola, HP, Intel etc.
VCs have spoken on this patent "reform". What other proof do you need ? This is like 2x2=4, Joe.
Patent reform of 2007 (in it's present form) = end of all VC-funded tech startups of tomorrow.
Is this what you want, Joe ?
Is this what American citizens want ?
The current patent system stinks badly, but the so-called patent "reform" (when combined with SCOTUS EBay decision) has a smell of death, it will just finish us all...
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Here is a fun excersise
Governing is a rich man's game and the people are fooling themselves if they think the have power in a game that is decidedly stacked against them.
Poor economic solutions such as fractional banking has robbed all US citizens of the power of their own money. It is a losing game for everyone except the wealthy.
You can look at how many raises congress has given itself compared to what they have given the people. Things become very clear, representation has become a lie only a naive child would believe.
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Re: patent
Now, that's funny. Angry dude has been claiming for years here that he has a patent. Though every time we've asked him what it is -- even though all patents are public -- he wouldn't tell us. In fact, he'd then accuse us all of being too stupid to understand his patent.
Yet, now, he's admitting that he just got his first patent. Hmmm...
Now, let me tell you this: if this "patent reform of 2007" passes, nobody, I mean, no one in his right mind will invest a dime in my small company, even if I have a bunch of good patents.
So, you're saying you have no business model other than to exploit a bad patent system? That's not a very good business model. Any business model that can be so easily wiped out by a minor legislative change is a bad business model. I don't think you'll find most VCs interested in investing for *that* reason.
Same can be said about all other startups developing new technology: most of them will die out. You will eventually end up with just a few tech behemots like MS, Cisco, Motorola, HP, Intel etc.
Of course, angry dude makes these claims over and over again -- but the opposite is supported by history. The stronger patent protection is, the more consolodated industries become. It's when there's weak or no patent protection that you tend to have many more small companies and fewer large monopoly players. Angry dude doesn't have any evidence to back this up. He just has his gut and it's single-pass analysis that doesn't take into account what actually happens (i.e., businesses focus on selling products, not patents).
Patent reform of 2007 (in it's present form) = end of all VC-funded tech startups of tomorrow.
And that is the most laughable statement I've read from angry dude, and I've read a lot of laughable statements. I know quite a few VCs, from the top, middle and lower tier. I have yet to hear a single one who is worried about this. It won't change their investment strategy at all.
The only ones investing in patent portfolios are a few small east coast PE firms. Not VCs.
The current patent system stinks badly, but the so-called patent "reform" (when combined with SCOTUS EBay decision) has a smell of death, it will just finish us all...
There are a lot of problems with the patent reform as proposed, but there is nothing to support angry dude's claim that it will kill off startups. Most startups don't deal in patents any way, so it won't impact them at all. Even those that do will be only marginally hurt by this. For those that would be involved in patent litigation anyway, this could actually speed up the process -- adding more certainty to the process.
As per usual, angry dude spouts emotionally, but has no facts to back it up. We've pointed this out to angry dude for years. I'd love to see him actually provide a single factual statement to back up his unsupportable claims, but he never has.
Hell, I'd just settle for him actually showing us his super important patent... the "new" one he just got even though he was bragging about it years ago.
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Welcome to the land of the kings
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Re: Welcome to the land of the kings
I highly doubt my third grade teacher is the enemy. :)
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So angry.
Though, "related to the future of telecom", in my keen observation, is another way of saying "I'm making things up in a vain attempt to seem like I know what I'm talking about."
As for the actual patent process.. well, let's just say I have a patent related to the future of telecom. Any recommendations on where I should start learning? :P
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citizenry
ARE part of the citizenry of the United States.
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That's simple...
Wait, Who Do Politicians Represent Again?
The highest bidder.
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Re: Re: Welcome to the land of the kings
she may not be an agent of the enemy, but she is certainly it's friend :-)
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Re: Re: patent
Noticed you said that you know many venture capitalists. If this is true, let me know if any are interested in alien communicator device.
Angy dude...phone...home....
Link to see my prototype:
http://www.metacafe.com/watch/281402/a_peek_into_the_future/
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Wait, Who Do Politicians Represent Again?
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Re:
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Re: Re: Re: patent
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Re: Re: Re: patent
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Kind of links back to the argument made in the Sea
Western society should be more than the sum of its commercial interests. Our political systems no longer seem to view it that way, though.
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Mike's business model
I know, I know...
Of course, the best ever business model by Mike of Techdirt is this:
Sell a bunch of T-Shirts to make up losses for illegal downloads.
Smart, really smart...
And BTW, this "reform" is NOT a *minor* legislative change.
It's the most significant change to the patent law in more than 50 years
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Imposter.
Although this is eerily similar to something Mr. A. Dude might type-- we all know that he has a horrible habit of pressing enter after each sentence, which you-- whomever you are-- did not.
Ah well. Maybe next time.
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Kind of links back to the argument made in the Sea
Western society should be more than the sum of its commercial interests. Our political systems no longer seem to view it that way, though.
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Who Do Politicians Represent?
While we, the people, are sleeping, good legislation gets ruined with local pork that has little to do with good governance and all to do with local politics. Our politicians may hear the people, but it has little to do with what they do.
We need a thorough revamping of our government, but the politicians can't even get a good change in the ridiculous tax code enacted, let alone a sweeping change in how the government works. Many have thrown their arms up because it's just too hard to fight for what's right. The politicians have lost sight of the people!!! The thoughts of a healthy term limit for congressional seats have been relegated to the back corners of the closet in favor of spending time and money finding fault with the other party and/or their elected folk.
I can only hope that Abe Lincoln was wrong in the negative assumtion from his famous speech: "shall not perish from this earth." Is fixing our government just to big a job?? Is it more important to bash the president? Is the United States of America on a path to perish by it's own politicians' arrogance and shortsightedness? Have we, the people thrown up our arms in defeat because it's just too hard to get our politicians to listen and ACT?
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Therein lies the rub.
Songs can be easily and quickly duplicated for next to nothing. T-shirts, however cannot. That makes one scarce (T-shirts) and one non-scarce. (Songs)
Not to mention, no one says use songs to *make up* for 'losses' due to illegal downloads... the suggestion is link the songs with something else that can't be easily duplicated for the entire modern world. (Not specifically T-shirts)
For example: Here, download our CD. Like what you hear? Well, if you buy the CD you are entered to win a backstage pass and hang out with the band!
or
Download our CD. Like what you hear? Inside every CD purchased is a username and password to our website.. we want to see what you can do with our music-- the best remix submitted to the site (using the username and password) will be on our next CD!
See? It's about making people *want* to buy your CD.
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Re: Who Do Politicians Represent?
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Re: patent
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Re: Re: Re: patent
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Things like what ?
A poop scoop ? A toilet amusement ball ticker ?
Good for you... keep inventing
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Let's take action!
I think this is a very important issue, and I am wondering if you have been thinking of any ways to help us concerned TechDirt readers can take action in some way. I very concerned about the future of innovation and the ever increasing restrictiveness of it. Innovation is a basic human right/need . We will all become IP serfs!
~Nick
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Take a shit instead !
you'd better take a shit
That's about the only use for dudes like you on this planet - fertilizing ground
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Re:
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Re: Mike's business model
Don't want to take a chance on not liking our CD? Download this severly limited and DRM'd track for free and sample it. If you like it then pay a small fee for a fully unlocked version of the track. That way you only get the tracks you want and not paying $15-$20 for 16 tracks and only four of them are worthwhile.
OR
We're going to make the first printing of out album limited to 100,000 signed copies with a cover art different from the second printing. Of those 100,000 copies 100 of them will have a free ticket and backstage pass to any one of the dates on our up and coming tour.
OR
For indie bands wanted to hit big time. Lets say Korn is releasing a new album. As a contest for indie bands perhaps put an hidden track on the cd that is nothing but a band member reading a code. Then the listener can take that code and input it on a website to be entered into a contest for a chance to go on tour with Korn.
OR
And this is acutally happening.
The White Stripes are about to release it's next album on limited edition collectible thumb drives. This way people are paying for the music and its in a digital format like they prefer.
So yes there are ways that music can be used to make money other than locking it down and charging extortion like prices.
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Horseshoes and hand grenades.
Don't want to take a chance on not liking our CD? Download this severly limited and DRM'd track for free and sample it. If you like it then pay a small fee for a fully unlocked version of the track. That way you only get the tracks you want and not paying $15-$20 for 16 tracks and only four of them are worthwhile.
The point is to make it more worthwhile to pay than to get it free, by adding something worth buying. In this example, it's still easier and cheaper to just download the songs from your favorite torrent site.
We're going to make the first printing of out album limited to 100,000 signed copies with a cover art different from the second printing. Of those 100,000 copies 100 of them will have a free ticket and backstage pass to any one of the dates on our up and coming tour.
This is a good idea, except try signing a 100 of something. Then 1000. Now remember how much bigger 100,000 is than 1000. Though, I'd think that the free ticket in random CD's would do fine.
For indie bands wanted to hit big time. Lets say Korn is releasing a new album. As a contest for indie bands perhaps put an hidden track on the cd that is nothing but a band member reading a code. Then the listener can take that code and input it on a website to be entered into a contest for a chance to go on tour with Korn.
I'm just nitpicking now, but a hidden track is not really hidden, it's just not put on the back cover and can still easily be uploaded/downloaded. So either you make each CD have a track of a band member reading a unique code (which would not be cost productive or time productive!) or just print out the code on a slip of paper and insert it into each CD case.
The White Stripes are about to release it's next album on limited edition collectible thumb drives. This way people are paying for the music and its in a digital format like they prefer.
Well, that is nice and gimmicky, but I don't know if it would boost the sale of music any more than a little bit.. I know I wouldn't care to have yet another thumb drive around my apartment, I have too many as it is... and it takes only marginally more time to rip a CD than move tracks from a thumb drive... not enough that I would care. It's like the color changing CD NIN put out.. neat idea, but unless color changing CDs get ya off, it's only mildly entertaining.
I'm just bored on a Friday and nitpicking, really. At least someone is trying to think outside the box. :P
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Re: Re: Re: patent
That made me smile....
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Re: Horseshoes and hand grenades.
To clarify on the indie band idea.
I'm just nitpicking now, but a hidden track is not really hidden, it's just not put on the back cover and can still easily be uploaded/downloaded. So either you make each CD have a track of a band member reading a unique code (which would not be cost productive or time productive!) or just print out the code on a slip of paper and insert it into each CD case.
Yes the "hidden" track is just an unlisted track and with it be unlisted you don't know its there until you explore/listen to the CD. However is each code can only be used once then there is no point trying to upload/download said code. And I know if I bought the album and got one of those codes I would sure as hell make sure I used it before I started to offer it up on a torrent. Therefore the only way to get it is to buy the album and hope you are lucky enough to get one with the code.
And one other major thing to remember is that no matter what you do no method of locking down or alternative marketing will magically stop all free load now and forever.
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ignore angry dude: alien communicator device?
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Re: Re: Horseshoes and hand grenades.
That's exactly the point-- musicians and labels need to stop trying to prevent free downloading and start using it as a tool to sell things that *can't* be duplicated for the entire modern world for free. If they embrace it and encourage their songs to be downloaded and shared they'll have a larger pool of potential fans to sell those scarce products to. Of course, that theory only really works assuming that the musician in question wants to increase their fan base-- the ones that are just in it to get rich quick will probably be too nearsighted to grasp the concept.. :P
Though, the concept of giving things away for free to get people to buy things has been embraced for some time by Supermarkets, Baskin Robins and most drug dealers, among others. :P
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The Citizenry
(Anyone know what the going rate for a posed photo with the President is today? I heard $50K.)
--Mike
http://www.michaelabanks.com
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