The Story Behind This American Life's 'When Patents Attack'

from the backstory dept

I had the pleasure this week of being on KUER's RadioWest program talking about the patent system. However, the much more interesting part of the show is the first segment (without me), which features Alex Blumberg and Laura Sydell, the two reporters who did the amazing "When Patents Attack!" report for This American Life earlier this year which received so much attention and has helped drive more mainstream recognition of the problems with today's patent system.

Alex and Laura, with the help of host Doug Fabrizio, go through the backstory behind the "When Patents Attack!" episode, discussing how Alex originally intended it to be a short segment on this crazy idea of "patent trolls," with the idea of having a patent troll discuss why they do what they do. But, from there, the story kept getting more interesting -- especially after Intellectual Ventures simply could not credibly point to a single situation in which they'd helped to better society by helping bring new products to life or even of any inventors who they'd helped, beyond just getting their patents into litigation. It's a fascinating story in part because of how it developed, and how the deeper these two reporters dug into the subject, the less and less the patent system made sense. One telling point in the discussion is when Laura points out that so many of the people they talked to who defended the system never seemed to be able to credibly explain the larger picture. Instead, they were just focused on the narrow "trees" rather than the full "forest." And that, of course, is because they're making money off those trees, and the concerns for the fact that they're cutting down the larger forest are ignored.

I'm reminded of the famous Upton Sinclair quote:
"It is difficult to get a man to understand something, when his salary depends upon his not understanding it!"
Laura had to leave around the 26 minute mark, at which point I got to join the discussion and discuss some of the history around the patent system, and how little the patent system actually has to do with innovation. There were a variety of topics we covered, and I was tempted to dig deeper on each and every one of them -- especially Alex's brief discussion of James Bessen's work about patents and pharmaceuticals, which is an entirely different debate than tech-related patents, but no less troubling. However, in the interest of time and keeping the show flowing I tried to keep the comments as straightforward and simple as possible. Either way it was fun to be on the show and I enjoyed talking with Doug and Alex about the patent system... and was happy that the problems of the patent system are continuing to get more mainstream news attention.
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Filed Under: alex blumberg, innovation, laura sydell, patents


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  • icon
    Pwdrskir (profile), 4 Oct 2011 @ 7:14pm

    Pod Cast

    Here is a link to listen to the show, enjoy.

    http://www.publicbroadcasting.net/kuer/news.newsmain/article/184/0/1858723/RadioWest.
    M-F ..11AM..and..7PM)/10311.When.Patents.Attack!

    link to this | view in chronology ]

  • identicon
    out_of_the_blue, 4 Oct 2011 @ 8:12pm

    You totally fumbled "whether this mess can be fixed"?

    Yes: require a working physical model for all patents. Easy to implement, removes all software and methods from consideration, along with resolves the mutiple devices problem. You don't have to credit me, since if you knew anything of history in this area, the Patent Office required such until early 20th C, as I recall.

    But, because tangled up in complexities, you fumbled it, left all unresolved, on a low note.

    link to this | view in chronology ]

    • identicon
      VMax, 4 Oct 2011 @ 9:02pm

      Re: You totally fumbled "whether this mess can be fixed"?

      Apologies to all for feeding obvious troll; but as a software engineer, it's easy to create. As far as hardware; if you can't really build it, it's not worthy of a patent. On a brighter note, I hear your time travel patent is going to be granted soon. Good luck with trolling Ben Franklin.

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 4 Oct 2011 @ 8:26pm

    Hey Mike, you are back up to "troubling"... life must really suck when all this stuff troubles you so much. I get the picture of you walking down the street mumbling to yourself, all troubled by the world around you.

    Too bad the radio thing was entirely one sided, and an open invitation for you to spout of your usual nonsense.

    link to this | view in chronology ]

  • icon
    JMT (profile), 4 Oct 2011 @ 8:57pm

    "It is difficult to get a man to understand something, when his salary depends upon his not understanding it!"

    This is so true of many of the Anonymous Cowards that comment here. See above for a good example.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Oct 2011 @ 4:34am

      Re:

      It is possibly the most dismissive line ever posted on Techdirt. It's the simple way to ignore the other side's ideas and opinions, by claiming they are paid to be wrong.

      Don't fall for this bullshit, it's Mike's way of trying to shut down the opposition.

      link to this | view in chronology ]

      • icon
        Chuck Norris' Enemy (deceased) (profile), 5 Oct 2011 @ 6:35am

        Re: Re:

        Pot...kettle.

        link to this | view in chronology ]

      • identicon
        Anonymous Coward, 5 Oct 2011 @ 7:17am

        Re: Re:

        Actually the AC's I'm referring to don't bring the other side's ideas and opinions, and seem quite incapable of having a mature, reasoned debate. Instead all they offer are snarky and repetitive insults or lame little digs like yours above. Nobody wants to shut down the opposition, at least not here where the comments are always open.

        Perhaps i should amend my comment and say that this is so true of many of the Anonymous Cowards that comment here lately. There's been a definite increase in the FUD/broadbrush/slimy/chubby crap that I hope you aren't claiming is your side of the "debate". It's hard to believe this isn't coming from people with vested interests.

        Feel free to prove me wrong. We'd all be better off if I were.

        link to this | view in chronology ]

      • identicon
        Anonymous Coward, 5 Oct 2011 @ 9:16am

        Re: Re:

        "It's the simple way to ignore the other side's ideas and opinions"

        No one is ignoring your opinion, it's simply that we have yet to see you present one, along side an attempt to defend it with any sort of logic or evidence.

        I can simply present the opinion that "the moon is made of cheese". That's not good enough. I need facts, evidence, logic, etc... to reasonably convince anyone. IP maximists have failed to present anything. Heck, they often won't even present an opinion, all they present are a bunch of FUD like your post.

        link to this | view in chronology ]

      • icon
        The eejit (profile), 5 Oct 2011 @ 11:11am

        Re: Re:

        Go have a look at the banking regulations in the US.

        Wait! Regulation? In my financial system?

        BWAHAHAHAHAHA!!! Pull the other one, it's got economies on.

        link to this | view in chronology ]

  • identicon
    Anonymous Coward, 4 Oct 2011 @ 11:35pm

    at 11:18 is priceless.
    30% of all US inventions are actually granted on existing things like the bread refreshing method(aka toaster)

    link to this | view in chronology ]

  • identicon
    abc gum, 5 Oct 2011 @ 4:44am

    The quality of trolling around here sure has taken a nose dive lately. In the past, the trolls attempted to make a point or even discuss an issue - not any more. Maybe that has been outsourced too.

    link to this | view in chronology ]

  • identicon
    staff, 7 Oct 2011 @ 9:42am

    another biased article

    "Alex Blumberg and Laura Sydell"

    All they exposed was their ignorance of patents. The title to a patent has nothing to do with what it covers.

    Masnick and his monkeys have an unreported conflict of interest-
    https://www.insightcommunity.com/cases.php?n=10&pg=1

    They sell blog filler and "insights" to major corporations including MS, HP, IBM etc. who just happen to be some of the world’s most frequent patent suit defendants. Obviously, he has failed to report his conflicts as any reputable reporter would. But then Masnick and his monkeys are not reporters. They are patent system saboteurs receiving funding from huge corporate infringers. They cannot be trusted and have no credibility. All they know about patents is they don’t have any.

    link to this | view in chronology ]


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