As an IP (aka "patent") attorney, I have given this a great amount of thought, as well as seeing the consequences with my clients.
I think three things are appropriate:
1. NO software patents,
2. Any action on infringement should be allowed only with a showing of USE, and that showing should be supported only with considerable evidence of use. If you aren't using it, you can't protect it.
3. Unless you want to sell our souls to the wealthy, we need to be sure small inventors can avail themselves of the lower cost fees mandated by Congress, and ignored by the USPTO.
He's right. I found out the hard way, as a manager. I found that we had customers who were beginning to find excuses NOT to do business with us, because some of our salesmen were so focussed on getting a commission (then jumping to another company) that they were actually abusive.
Our best salesmen (LONG term) were on a salary, and really cared about the company - that's what we ended up with, by the way.
DEFINITELY a problem (and as an IP (aka "patent") attorney I can see it better than most. It would be worthwhile at least
considering getting rid of the USPTO (which would put me out of business, but be good for the US).
So, maybe we should whine less and do more??
Obama, I think, actually does have an approach that will work, if he can get the Republicans in the House to go along (well, okay, his approach won't work - they are more concerned with personal power than saving the nation - sigh).
Aw, come on now! For expensive products, almost anything will cause me to seek support. I have an expensive item in for support now (great support group, really busy).
For low-cost things, unless the failure rate is excessive, I simply throw them away. My time isn't worth an awful lot, but I can't waste it on trivia.
So, high cost - expect to hear from me. Low cost - not likely.
I suspect that is generally true.
However, I seem to see fewer failures with low cost, mass production items, and more with high cost, more specialty type items, where they don't have enough volume to work out the bugs.
1. It will be 20 years before I retire (though I have considered founding a company, and doing that instead)
2. The real problems are relatively recent
3. Lawyers are ethically bound to represent their clients,
and if they resort to actually fighting the system, they
need to be ousted. They are NOT judge, jury, or politician,
and pretending they are is counterproductive.
That said, I am free to express my personal opinion, and
I would contribute to a politician, or even an individual,
who would DO something - most people would rather whine.
Seems like for trivia, you can always find a "champion" to step up and lead a movement. For really important stuff like this, everyone simply sits around bitching and moaning.
At 81, I am not much inclined to be a "champion", but I would contribute what I could to someone who worked at fixing this (even though I am an IP attorney, still working).
I think someone should start targeting members of Congress who are too happy with the money they get from business to work for the people, such as by dismantling this broken system (thereby putting me out of work, but I am okay with that).
Being pretty close to "broke" (I lost several million on a scam, and gave most of the rest to my kids to "jump-start" them; and, of course, refuse to take any of it back), I am pretty careful with my money. I am beginning to do okay with my IP business, but I am far from being able to contribute much.
That said, I think this is a GREAT idea, and I intend to give till it hurts; even without a reason.
Being an IP attorney, I am torn: I have a client who developed technology that he could license in PR China, and get a pretty good revenue - if the USPTO would approve his (clearly patentable) invention - but he is a small entity, and the Office has never shown much interest in supporting small entities.
Meanwhile, the abuses by large entities are making patents a major factor in reducing innovation, and destroying jobs.
I don't suppose a major reform - wait, we tried that, and things got worse.
So lynch mobs are a good thing? Don't think so; that is how Reagan got his "fans" to agree to give all our money to the one percent with "tinkle down" (aka "trickle down") where the 1% gets to urinate on the 99%.
So true. I was on an aircraft in Denver a long time ago. In backing away from the gate, a part of the aircraft lightly touched another aircraft, so we pulled back in for inspection and possible repair.
The aircraft was loaded to capacity, and we had a long flight ahead of us. I was between two "oversized" people, and a little uncomfortable (and very tired).
The pilot mentioned that there might be damage, and we would be delayed for an hour to check and possibly do repairs; if anyone was uncomfortable with that aircraft, there was another leaving in four hours for the same destination.
We were airborne in about an hour and a half, with ... you guessed it, a nearly empty aircraft! Heaven for me, an additional 2.5 hour wait for the people with the "screaming meemies" - whatever that old phrase means.
I personally like your suggestions (even as an IP attorney), even to the extent of getting rid of the system altogether. However, this does look like a step in the right direction.
Let's take it a small step further: if you pay for the courses, you get a degree. Of course, I am biased, I have
a math degree, but at the same time, if you eliminate math, why not eliminate going to class and listening to a dull lecture? Just pay the tuition and spend the rest of your time in college being an "artist", giving you fame without pain.
I realize you have no interest in the other side of the discussion, preferring to say "violence in media isn't
responsible", but when you analyze something someone says, be fair about that!
"It's quite a stretch to contend that an unreleased movie somehow "acknowledges" the "link" between movie violence and actual violence. Unless James Holmes was part of the "Gangster Squad" crew, this is simply unfortunate timing, much like the terrorism scenes that caused several films to be delayed following the 9/11 attacks."
He didn't say that the "Gangster Squad" was in issue!
Done, and thanks. I contacted Diane Feinstein earlier, and she made it clear she will vote for it, so I assured her I would work against her from now forward, even though I supported her in the past.
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O'Dwyer persecution
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Whistleblowers
On the post: Some Thoughts On Fixing Problems In The Patent System
Software patents, and patents generally
I think three things are appropriate:
1. NO software patents,
2. Any action on infringement should be allowed only with a showing of USE, and that showing should be supported only with considerable evidence of use. If you aren't using it, you can't protect it.
3. Unless you want to sell our souls to the wealthy, we need to be sure small inventors can avail themselves of the lower cost fees mandated by Congress, and ignored by the USPTO.
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Leiberman and blocking Taliban emails
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Dan Pink and Commissions in Selling
Our best salesmen (LONG term) were on a salary, and really cared about the company - that's what we ended up with, by the way.
On the post: If You Read Just One Article About The Patent Mess, Make It This One
Patent trolls
considering getting rid of the USPTO (which would put me out of business, but be good for the US).
So, maybe we should whine less and do more??
On the post: Democrats & Republicans Should Come Together To Support A Future Of Abundance
Beautiful thoughts, but could we get real?
Obama, I think, actually does have an approach that will work, if he can get the Republicans in the House to go along (well, okay, his approach won't work - they are more concerned with personal power than saving the nation - sigh).
On the post: A Reminder: Lower Prices Can Make You More Money
Low pricing and support
For low-cost things, unless the failure rate is excessive, I simply throw them away. My time isn't worth an awful lot, but I can't waste it on trivia.
So, high cost - expect to hear from me. Low cost - not likely.
I suspect that is generally true.
However, I seem to see fewer failures with low cost, mass production items, and more with high cost, more specialty type items, where they don't have enough volume to work out the bugs.
On the post: Why DC And Silicon Valley Don't Mix Well
Government interference and patents
Gene Cavanaugh (and note, I am an IP attorney! But you are still right on these issues).
On the post: Jeff 'One Click' Bezos Once Again Concerned About Patents
Lawyers without one foot in retirement
1. It will be 20 years before I retire (though I have considered founding a company, and doing that instead)
2. The real problems are relatively recent
3. Lawyers are ethically bound to represent their clients,
and if they resort to actually fighting the system, they
need to be ousted. They are NOT judge, jury, or politician,
and pretending they are is counterproductive.
That said, I am free to express my personal opinion, and
I would contribute to a politician, or even an individual,
who would DO something - most people would rather whine.
On the post: Jeff 'One Click' Bezos Once Again Concerned About Patents
Broken patent system
At 81, I am not much inclined to be a "champion", but I would contribute what I could to someone who worked at fixing this (even though I am an IP attorney, still working).
I think someone should start targeting members of Congress who are too happy with the money they get from business to work for the people, such as by dismantling this broken system (thereby putting me out of work, but I am okay with that).
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Contributions to Canonical
That said, I think this is a GREAT idea, and I intend to give till it hurts; even without a reason.
On the post: Why It Could Make Sense To Get Rid Of Patents Entirely, Even If They Work In A Few Cases
Abolishing patents
Meanwhile, the abuses by large entities are making patents a major factor in reducing innovation, and destroying jobs.
I don't suppose a major reform - wait, we tried that, and things got worse.
On the post: Social Shaming Works Faster Than Legal Recourse
Shaming on the internet
On the post: Why Tragedies Result In Overreactions: 'Our Brains Aren't Very Good At Risk Analysis'
Fear and reason
The aircraft was loaded to capacity, and we had a long flight ahead of us. I was between two "oversized" people, and a little uncomfortable (and very tired).
The pilot mentioned that there might be damage, and we would be delayed for an hour to check and possibly do repairs; if anyone was uncomfortable with that aircraft, there was another leaving in four hours for the same destination.
We were airborne in about an hour and a half, with ... you guessed it, a nearly empty aircraft! Heaven for me, an additional 2.5 hour wait for the people with the "screaming meemies" - whatever that old phrase means.
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Homeland Security takedown
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Patent Reform
On the post: Would US Education Be Better If We Replaced Algebra Requirements With Stats & Logic?
Dropping algebra
a math degree, but at the same time, if you eliminate math, why not eliminate going to class and listening to a dull lecture? Just pay the tuition and spend the rest of your time in college being an "artist", giving you fame without pain.
On the post: Hollywood Made Him Do It: Two More Theories On The Aurora Shooter
Aurora killing
responsible", but when you analyze something someone says, be fair about that!
"It's quite a stretch to contend that an unreleased movie somehow "acknowledges" the "link" between movie violence and actual violence. Unless James Holmes was part of the "Gangster Squad" crew, this is simply unfortunate timing, much like the terrorism scenes that caused several films to be delayed following the 9/11 attacks."
He didn't say that the "Gangster Squad" was in issue!
On the post: Let Your Senator Know Right Now That You Are Watching If They'll Vote To Protect Privacy
CISPA
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