Editorial

Don’t Copy

Article from Issue 144/2012
Author(s):

Patent law is a very imperfect tool for establishing moral culpability. Whether you favor patents or not, it is important to face the fact that patent law is a construct of the business world. Patents protect opportunities for patent holders and restrict opportunities for others – all for some supposedly greater purpose, we are told, but in any case, none of this ever has the clarity that will allow you to point your finger at a violator as you would at someone who stole your car. So I don’t have a lot of faith in patents, but I still have a feeling you’ll do better in life if you come up with your own solutions.

I guess I haven’t written one of these welcome columns since the Apple vs. Samsung verdict, which seems so long ago now and will be even farther in the past when you read this message. I don’t really want to relive the whole range of comments that have appeared so far on the verdict. In fact, I have been amazed at how little all the “authorities” seem to know – especially the ones who seem convinced that a few patents are going to bring down Android. Is there a lesson in all this? A huge team of lawyers billing US$ 200 to US$ 800 per hour erected weeks of elegant arguments – investing thousands of hours – and a jury thought about the whole thing for 21 hours and 37 minutes. The 109 pages of jury instructions supposedly invited them to consider more than 700 questions, which means they read, discussed, considered, and reached consensus on 33 points per hour or one point approximately every 33 seconds.

Buy this article as PDF

Express-Checkout as PDF
Price $2.95
(incl. VAT)

Buy Linux Magazine

SINGLE ISSUES
 
SUBSCRIPTIONS
 
TABLET & SMARTPHONE APPS
Get it on Google Play

US / Canada

Get it on Google Play

UK / Australia

Related content

  • Welcome

    How many patents are enough? Or perhaps more importantly, how many patents can be squeezed from one body of knowledge when you're basically doing what everyone else is doing? These questions are fresh in mind as I read the report at eWeek stating that IBM set a new record by receiving 7,534 patents in 2014, the 22nd year in a row that IBM has topped the list for most patents.

  • Comment

    As is so often the case in this business, a big, earthshaking news story hit the press just as we were sending our own issue to the printer.

  • Comment: Bring on the Trolls

    Dear Reader,

  • THE PATENT LINE
  • Welcome

    A couple of insightful commentaries in this issue are already covering the news that Microsoft is joining the Linux Foundation (see Simon Phipps and Andrew Gregory inside). Since this column is the last to get written – usually right before we go to print, I'm really supposed to talk about things that aren't already covered in the issue, but this really is big news.

comments powered by Disqus
Subscribe to our Linux Newsletters
Find Linux and Open Source Jobs
Subscribe to our ADMIN Newsletters

Support Our Work

Linux Magazine content is made possible with support from readers like you. Please consider contributing when you’ve found an article to be beneficial.

Learn More

News