Imagine There's No Patents
An article from a Texas university professor who thinks our world would be better if we didn't have to deal with the detriment of "Patents".
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https://video.search.yahoo.com/search...
16:00 into it.
Old SF -- there is now an exception in copyright law for bona fide "preservation societies" to make a few copies to preserve. This is also being done with old movies.
(An interesting comparison is the career of August Derleth, HP Lovecraft's executor. Lovecraft's copyrights were for only 28 years, which meant most of them expired in the 1940s-50s, and could not be renewed because of his death. Derleth would change just a few words, making them legally different works, so he could copyright them again, thus keeping them in print.)
I don't like the idea of a mechanism to designate "abandoned" properties precisely because many of them have owners such as Microsoft, who would game the system in order to limit new customers to the new product, with its increased ability to dictate what the buyer may do with his own computer. I don't consider that a legitimate use of intellectual property law.
The modified Windows XP would be a derived work, and if product liability law would hold MS responsible for flaws then that law is broken.
I am aware of someone who is tracking down the rights to old science fiction and re-publishing them in electronic form so that they stay available. In some cases this is impossible because the owner can't be found.
Certainly a mechanism could be designed to designate an "abandoned" property. It would be better to have it be used than lost -- probably the original author would think so.
Of course none of that includes Windows XP since Microsoft is clearly still around. The problem with your idea is that if Microsoft accepts money for this they assume some obligation for the product no matter what they put in a disclaimer. It's still clearly their property and includes a whole lot of code that is in Windows 10.
The software industry moves fast, you don't need a patent on your ideas to make money, you just need them to not duplicate your code. Going from the idea to the working code is a major effort.
I often say I would be glad for competitors to copy the ideas in my product. That will put them years behind me because those are the ideas I had two or three years ago. And a handful of years is forever in this world.
Plus there is an interesting synergy between the competitors in the computer industry. We all need to have features and capabilities that make us stand out -- but customers have to use our products which means we have to share common approaches to getting things done.
IBM gets a LARGE portion of its money from its Patent book. Often times on OBVIOUS solutions.
Patents are supposed to be non-obvious. When Apple got these 2 patents, I died a little:
1) Slide to open (Available on bathroom stalls since I was a kid, and in Castles eons ago)
2) Rounded Corners on the glass (reduces fracturing, and less risk of injury: Available on glass tables for years)
Form and Material changes DO NOT get you a new patent, if the concept does not change.
One company was DENIED a patent whereby carbon and styrofoam are poured first into a mold. Then when
Molten Aluminum is added, their are no air gaps, and the carbon ends up strengthening the Aluminum, and
making it lighter.
The other side quoted the Bible: Add straw to the mud, and cook it. The straw will get cooked away, and the
resulting brick will be stronger and lighter.
The Judge bought it. Patent Denied.
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The pace of implementation and turnaround has changed. 17 years used to be 1/2 of a lifetime.
Maybe we reduce it to 5-10yrs.
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The other downside with Patents is that countries like China can literally look them up and use them. Good luck suing them in Chinese courts.
Finally, our government has been known to block some patents and either make them top secret, or make them public.
You can determine for yourself what would happen if you tried to patent making a small nuke based on common materials! I am thinking they wont give you the patent, and they might arrest you for demonstrating it!
I thought Clinton did all get could to give all patents to China. Some companies stopped registering for patents, and beefed up security, instead of laying their designs where they had to be shared.
The society that protects inventors with patents loses less from /actual/ re-inventors not doing adequate research before investing their efforts than by allowing /fraudulent/ re-inventors to climb onto someone else's gravy train.
https://youtu.be/zL2FOrx41N0
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