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Lastly, people complain that it is too easy to get a patent. Do you have one? Have you gone through the process of getting one?
Not personally, but a family member has, some 10 years ago. It wasn't rocket science and patents got granted just fine. It'd be nice they implement a peer reviewed system as the current one just doesn't work but I'm not holding my breath. They've done a lot of damage already by issuing so many crazy patents. A couple of really over the top ones:
-Method of compressing any data (truly random included) down to 1 bit.
-Cosine algorithm for relatively small angles. (LOL!!)
-Method of selling cereal
-Swing patent (my personal favorite)
-Wheel patent (Australia)
The system seem completely broken to me and they've got a *long* way to go to fix it.

edit: small improvements shouldn't be patentable, only inventions. But it's more money for the lawyers this way...
 
how much cash would it have cost apple to just buy burst in its entirety? wouldn't that be problem solved as well as obtaining people who care and know about the technologies to make iTunes delivery better?
 
They didn't give in

They pretty much smacked them. Burst had wanted much more. They paid $10 mil for the whole patent portfolio in perpetuum.
 
i see this as a strategic move against nbc/universal.

i too only get television through itunes, but at least three shows i subscribed to are no longer available. apple countered the short-sighted move sending a ten-million dollar message effectively saying - "if you don't want to sell your content through us we'll give our users a way to get it for free*"

Apple is certainly reliant on the TV/movie producers at present. Offering a DVR removes that reliance, and it's kind of dangerous for NBC really - why buy the shows if you can record them for free and skip ads?

A DVR can record ANY show on FTA at all, not just those that are sold on iTunes. In countries that don't have iTunes TV (or any country that doesn't have EVERY show on FTA available on iTunes) it makes the AppleTV more attractive. And the shows are now often high definition... oh, and no download problems over the internet for people with slower connections.

The thing I'm wondering is... why wouldn't they have already done that? I can only think that Steve wants (wanted?) to bypass the OLD model TV, entirely.

Have the studios encouraged him to change his mind entirely? Or can he perhaps use this as a stick to encourage all the studios to jump into iTunes (by preventing ad skipping for any show that is sold through iTunes perhaps?)
 
edit: small improvements shouldn't be patentable, only inventions. But it's more money for the lawyers this way...

So what is an "invention" then? Define it.

Getting a patent shouldn't be rocket science because anyone can and should be able to file for a patent - you don't need an attorney.

I'm not completely oblivious - some patents are just plain bad, e.g., the swing patent you mentioned. But some solve actual problems, e.g., the cosine one you cited appears to address a problem that people had with the CORDIC system of calculating cosines of angles with magnitudes close to zero. It doesn't have to be some revolutionary leap forward. The whole point of the patent, the way it is supposed to promote science, is to say "hey world, I've figured out a solution to a problem and here's how you do it." In return, the government says "thanks for letting everyone know. In return, you get to prevent people from doing that for 20 years because after that, everyone benefits from you telling us how you did it"

You also realize it's not the lawyers that get the money for patents, right? The patent office gets fees for issuing patents - if anyone is incentivized by money, it's the PTO though companies, such as AMD for the cosine patent, seem to think it's worth investing in.

I'd love to see what people think of trademark or trade secret protection which can last indefinitely. Why aren't people screaming because Coca Cola hasn't released their formula yet or allow anyone to use the cursive C?

Any way, there are problems with the system, and effort is being put forth by a lot of parties to fix it. The patent office even announced rules that you would have to do searches for prior art and summarize them all (something you never had to do before) that were supposed to go into effect Nov. 1st (but were temporarily blocked). The PTO also limits the number of claims people can file so they can't get a patent on 800 variations of the same invention. They also limited the number of continuation applications you can file.
 
Hey....

You must live in China! :)

Seriously though, the patent system is severely broken, and I think a good part of that is simply because patents already exist for so many good ideas, we don't have enough things qualifying as true "inventions" left to submit new patents on. We end up with people trying to patent anything they can slip through the system, hoping it will "stick".

The potential reward for a successful patent infringement suit mean it's potentially more profitable to churn out bogus patents than to produce a new product in the first place.

Furthermore, it seems big companies like to throw around the number of patents they've successfully obtained as a "badge of honor". IBM, for example, often markets the fact that they produce *hundreds* of new patents per year.

It's a very real problem that someone could steal a great new idea from you, copy it, out-market you with it, and make all the money you were SUPPOSED to be making on the concept. BUT, far more often, it seems people just claim to have invented some basic concept, or minute detail that really can't add a whole lot of "value" to ANY shipping product. Then they sit around waiting for the next guy to try to use that idea, so they can pounce on them in court for it.


Kay, you invent a new technology that could make you millions of dollars and before you release it I'll steal it, claim it as my own (or simply market it better than you) make all the money and send you a Christmas card for your troubles. Sounds fair to me!

:p ;) :D
 
And what the hell is Burst doing with its patents, may you tell me? What products do they have?

Patents are IPR monopolies and should only be granted when real use is made of them...unfortunately, the US leads the way is stupidly frivolous software patents...and it's not gonna change anytime soon.

How would you feel if you built a technology company, found your golden ticket to success - only to have Apple and Microsoft and Real Player and AOL... steal the idea and make your company obsolete? I feel for these little guys! What's 10 million to Appple when it could mean everything to a small company that got royally hosed.

I love Apple, but if they stole the technology, they should get slapped on the hands and forced to pay up to the little guy. They settled, which means they knew they'd lose if they were in a court of law. Good for Burst.com for holding their ground.

~Z
 
OK, 1) the giving of protection after the life of the author was actually to benefit the author's family, i.e., author writes a book in his later years, dies, and then only the publisher got anything from the book because copyright died with the author. The extension past the author's life was to benefit the family so they got SOMEthing. I'll concede that corporations have had a big hand in extending the copyright length. I do not think you are necessarily wrong in saying copyright length should be shortened, but at least you articulated a reason which is 95% more than other people do. 2) The situation is not at all similar with patents though. If anything, patent term has been shortened in the last 12 years. Specifically, the patent is only good from its earliest priority date (usually the filing date, but may be earlier if it claims an earlier priority date from an earlier filing). It used to be that patents were enforceable for 17 years after it issued which is what caused people to keep filing application after application as the earlier one was about to issue because the patentee got a fresh set of 17 year protection from each application as it issued (these are the submarine patents). Now, however, and since 1995, no matter how many applications are filed, the term starts from the earliest filing date and only runs 20 years.

Lastly, people complain that it is too easy to get a patent. Do you have one? Have you gone through the process of getting one? Because I have - in fact it's what I do day in and day out and it is not nearly as easy as everyone thinks. In fact, the Supreme Court just made it harder than ever earlier this year with the KSR case. Yes, there are many patents out there that would get invalidated because the examiners in the late 90's and early 2000's were inundated and didn't have the tools to effectively conduct prior art searches, but the PTO has significantly cracked down on what is allowable and are pursuing peer review programs to put all available prior art in front of the Examiner.

In context of the Burst case, the judge invalidated some of the claims, but some of them survived, which means even what Apple could find that may have been prior art apparently wasn't enough. Sometimes, and I am not conceding that this is the case, hindsight is 20/20 and what seems obvious now, may not really have been.

People think that to get a patent that someone has to invent a completely revolutionary idea and that's simply not the case - the patent system is supposed to reward innovation by granting patents on improvements. Baby steps are patentable - they don't have to be for, and shouldn't be, giant leaps forward. If they were, no one would develop improvements since they couldn't assure protection of their invested time and energy.

This is awesome stuff. Thanks PSXNDC for the insight. Very interesting.
 
Damnit please stop giving in to patent trolls! If no one gave them any money, then they won't have money to sue!

:apple: and Steve Jobbs just wanted to get it over with... People get so jealous that iTunes is the way they don't have to go to the music store or to go and rent movies anymore that they make stupid disputes "faster than real-time"? Maybe because :apple: made it that way!

:apple:
 
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