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2011年1月16日 星期日

Reform, Reform, Reform

Posted on 16. august 2005 of the Philip Mann

Yet another article about "Patent Reform" today. To listen to some of these guys, do you think Microsoft, Intel, Google, and IBM's of the world is at risk of bankrupted by small patent holders.

In the event of you missed it the first time, let's try this again.

The patent law, is a property. The essence of a property is the right to exclude others. "Owner" my home resources can I keep the alien and don't want others to from living there. Have a right of the "legal" ownership means I can call on legal help system (for example, If a stranger in my house is significantly greater than I.) Also, if I take a chance and buy a house in a small, established within the territory, and a few years later, this area will be "warm" and I can now sell it several times what I paid for, there is something wrong with the intrinsic lighteres doing? (This is, of course, America ...) The law Should step in and force me to "rent" my home to any foreign, who wants it, or, worse yet, simply breaks in and take it? The law Should step in and force me to do it at reduced rates, when the alien is a billionaire and can easily Afford what I ask? Why should things be different when the property is a patent, rather than a home?

I do not know which of the proposed "reforms" to find the most distasteful. (There are so many good choice!) I think at the moment, the attack on the injunction is what galls me most. If you can not keep people from your property, what makes it either "your" or "property"?

The author of the topic article asks, "why you should care." You should, but perhaps not for the reasons he thinks.

When I was an engineer, I had no intention of spending my life with a large company. Like most of my peers, I had the dream of just learning ropes with an established company and then founded my own company around a new idea. Into a law school and a few other things kind of sidings, for a while, but I would like to believe today's young people still share that dream. If they do, I hope, they realise that strong patents and more importantly a legal system that will enforce them even against powerful interests, are some of the few things that could give them an even break. In the affirmative, they should, fighting these supposed "patent reform" tooth and nail.

Time will tell.


View the original article here

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