Wired Takes On The Smartphone Patent Thicket And How It Stifles Innovation

from the dumbpatents-and-smartphones dept

Back in February, we noted the rapid explosion of patent lawsuits in the smartphone realm, with pretty much everyone suing everyone, and began to wonder if it was even possible to build a smartphone without getting sued. As it continued to play out, it became clear that the smartphone market was a living example of the problems of a patent thicket -- where a new technology is so locked down by patents, as to slow down the pace of innovation in that market -- directly the opposite of the intended purpose of patents. Patent thickets have been demonstrated in many areas, with smartphones just being the most recent.

Wired Magazine has now taken on the issue, with a good article detailing the patent thicket mess in the smartphone space, and why it's a problem. There isn't much new in the story if you're a regular Techdirt reader, but it's an excellent summary of the situation and why it's a mess:

Underlying much of this litigation is a broken patent system that increasingly churns out weak patents, concomitantly strengthening the rights of those who hold them. Patents described in vague, abstract terms are the source of most infringement lawsuits as they provide more leeway for subjective interpretation. Patent examiners grant weak patents because administrative structures are overloaded and understaffed. And in an age of rapid product development, a market niche can be identified and a product manufactured, retailed and retired before a patent is even granted.

The article also discusses the fact that patent litigation storms like this one had been avoided in the past when big companies came up against each other through "gentlemen's agreements" not to sue each other. But that's been flipped around a lot through a combination of non-practicing entities getting big awards, and companies arguing over who's in the stronger position for such an agreement not to sue.

The end result, though? Money that could go towards productive investment, instead is being wasted on litigation. It's exactly the opposite of what the patent system is supposed to do.

Filed Under: patent thicket, patents, smartphones
Companies: apple, google, htc, nokia

Feds Look At Jamming Mobile Phones In Prison

from the hope-you're-not-a-guard-during-a-riot... dept

Discussions over mobile phone jamming seems to get pretty controversial pretty fast. The technology is technically illegal in the US (except for the government), but that hasn't stopped some from using the tech anyway. Plenty of businesses have tried to get exceptions to the law. Movie theaters, in particular, have petitioned the government in the past for the right to jam mobile phones and a maker of jamming equipment has claimed that banning the technology is unconstitutional. Of course, the problem is that there may be legitimate reasons to use a mobile phone (emergencies, anyone?) and jammers don't discriminate. The collateral damage of mobile phone jamming could be a big deal.

However, there's one other area that has pushed for jammers for a long time: prisons. Mobile phones have become popular contraband equipment in prison, and there are frequent stories of prisoners regularly using mobile phones to communicate with the outside world. So, now, the National Telecommunications and Information Administration (NTIA) is apparently planning to investigate if it makes sense to jam mobile phones in prison. I'm not sure why this isn't coming from the FCC, though it sounds like a bit of a political football, where a bill that would grant the FCC that power stalled out in Congress. I can understand the desire to block mobile phone usage in prisons, but jamming seems like a sledge hammer type of solution, that could cause problems for others (guards?) who might need mobile phones to work.

Filed Under: jamming, mobile phones, prison

Tipping Point? Quarter Of All Homes Have Totally Abandoned Landlines

from the watch-the-trends dept

The TV industry has been totally downplaying the idea that people would ever "cut the cord" when it comes to TV. While it may be true that it's a very small minority of users today, it would seem that those in the TV industry might want to look over to their friends in the telco industry. They used to scoff at the idea of cord cutters as well... and now 25% of all households have dumped their landlines entirely. And, among younger folks, it's getting increasingly difficult to find a landline at all. Things change. What was unthinkable not so long ago can become reality pretty quickly.

Filed Under: cutting the cord, landlines, phones, tv