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#46 | |
Literacy = Understanding
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#47 |
Literacy = Understanding
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That's not exactly true. A patent applicant can choose not to have it disclosed, but must do so affirmatively (the default is that it is disclosed) and by making that choice, limits the patent's geographic scope to the U.S. You cannot choose nondisclosure and apply for the same patent in, for example, France.
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#48 |
Literacy = Understanding
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#49 | |
Wizard
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Edit: I also don't see any reason for laughter at Amazon's expense. If this patent is upheld it will cover ALL e-ink readers, hell it seems so broad it could cover all ebook reading devices period. Last edited by carld; 03-18-2009 at 09:38 AM. |
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#50 |
Semper Carpe Bufo
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It appears as though Discovery is not asking for the process to be stopped they just want their share = higher cost for books from any ebookstore that uses DMR style encryption that infringes on their patent. Amazon is the logical first target due to deep pockets.
I can't help but believe that this is going to cause the price of all DMR encrypted ebooks to rise assuming the suit is upheld. Whether this impacts DMR free ebook prices remains to be seen. ![]() |
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#51 | |
Wizard
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The checks and balances that are supposed to be in place to stop this nonsense don't work. The patent office is so swamped, that as long as you have the money to push it through their system you can get just about anything patented. |
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#52 | ||
Wizard
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#53 |
Wizard
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I didn't see it listed in the article, but I wouldn't be surprised if this suit was filed in Texas. There is a specific court system there (can't remember which one), that is well known for being friendly to patent trolls. Almost all of the "we have an obvious patent and want to cash out quick" suits are filed in Texas because of that.
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#54 |
curmudgeon
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A few comments on patents...
First, the standard of 'obviousness' really isn't obvious. That is, the relevant question is not "what is obvious today?" but rather "what was obvious to an average practitioner in that field at the time the patent was filed?" This distinction is very important! Some things are "obvious" only after someone thinks to ask the right question (or the same question viewed a different way) -- the core algorithm in my Ph.D. dissertation springs to mind as an example -- but are forehead-smackingly obvious after someone explains them to you. And these are exactly the things that make the best patents! They tend to be relatively fundamental. Please note -- I'm not claiming that my research would be deeply fundamental! just using it as an example of something innovative that is nevertheless thoroughly obvious after it is explained. Second, while patent clerks are indeed swamped with new patent requests, that's not the main problem. The big issue is that the patent office is very good at searching for prior art by looking at existing patents, and very bad at looking in the broader scientific (and trade!) literature for prior art. Thus, for example, Adobe once patented "tool selection from a palette" (in the context of a graphics program) -- even though my father had demonstrated exactly that capability in his Ph.D. research more than 20 years earlier. (See this link over at wikipedia for more info.) To Adobe's credit, they immediately abandoned the patent when this was pointed out to them. Thirdly, the patent office has a very hard time hiring examiners who know software (in particular). This really handicaps their examination of software patents, and especially their determination of what is "obvious." This issue is an ordinary and normal part of the history of every new technology that comes within the purview of the patent system. It happened for VLSI. It happened for Television. It happened for radio. For Aeronautic technologies. For hydraulics (as in cylinders on bulldozers and the like). It happened for steam engines! The history of new technologies shows that there is a 20 to 50 year period of lousy rotten patents that should never have been granted before things settle down to reasonableness. Of course, during that same period there are also lots of patents granted for things that are real inventions that truly deserve protection. Xenophon |
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#55 |
Publishers are evil!
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I don't think an electronic book reader that receives the electonic books over the phone network is obvious. I'm much more inclined to think that Amazon's "one-click" patent is obvious, but that was granted a patent and existed for about 7 years. When it was over turned it was due to someone digging up some prior art.
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#56 | |
Technogeezer
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#57 |
Wizard
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Amazon and the Kindle are at the top of the heap, at least in the media these days. They have a target on their back
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#58 | |
curmudgeon
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#59 | |
Wizard
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As someone on slashdot said, this patent is not trying to protect an invention, it's trying to corner a market. |
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#60 | ||
Wizard
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