phayes’s Comments

• Jul 12th, 2011 @ 7:14am

  It is theft, yes.

  on Patents As Theft: How Oracle & Microsoft Seek To Profit From Android Despite Having Nothing To Do With It
  I'm only surprised you didn't make the point more forcefully, Mike. As Stephan Kinsella has pointed out, a patent can be viewed as a (coercive, potential) transfer of partial ownership of the tangible property of others to the patentee. That, along with the fact that a patent is a “no independent invention defence” right, already makes something of a mockery of “natural rights” arguments in their favour. Add to that the high rate of independent (re-)invention (+ inadvertent infringement) and the conspicuous lack of evidence for a substantial overall positive economic/welfare effect, and I think it certainly is reasonable to view the granting and enforcement of software patents as (legalised) theft - and be very angry about it.
• Mar 11th, 2009 @ 4:26am

  Focus (as plh)

  on Patents Being Abused To Put Your Life In Danger
  PDC have done exactly what they would be expected to do and - sadly - have every right to do. This is not abuse of the patent system, it's abuse by the patent system.
• Mar 10th, 2008 @ 10:20am

  (untitled comment) (as plh)

  on Can We Get Rid Of The Myth That More Patents Means More Innovation?
  "I have never seen (and am certain I will never see) a patent so generic and broad in scope that it will stifle innovation in any specific area of technology."
  
  Dear Santa,
  
  I have been a good boy this year and I like books. But please NO books about patents or industrial history - especially not about steam engines or radio or powered flight.
  
  Ta,
  MLS
  
  ;-)
  
  "I most certainly did not see innovation in new transistor structures and methods for making such structures, as well as in electronic systems employing transistors, grind to a halt."
  
  That's a variation on the Campbell-Kelly/Merges/Mann straw man argument (about patent thickets rather than individual patents not having *completely* stifled software innovation).
  
  Doc: How are you feeling plh?
  
  plh: Never better thanks, Doc.
  
  Doc: Hmm... Okay - I'm going to prescribe you this powerful experimental drug. It's thought that it may be beneficial for people with serious heart conditions.
  
  plh: But Doc - there's nothing wrong with my heart!
  
  Doc: Well maybe there is and maybe there isn't - but you could develop a problem at any time. It's best to be on the safe side.
  
  plh: Errr right... You said it's a powerful drug. What about side effects?
  
  Doc: Well apparently it has caused liver damage, aneurisms, respiratory paralysis and a few other problems in some older patients, but you're still young and fit - you should be okay for now.
  
  plh: Okay, thanks Doc.