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#31 | |
Somewhat clueless
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Join Date: Nov 2008
Location: UK
Device: Kindle Oasis
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Quote:
/JB |
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#32 | |
Grand Sorcerer
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Quote:
And, of course, you do know movies and music are *not*written material right? ![]() Copyright also applies to binary software code and other non-written creations. A particular idea can be covered by one patent and multiple copyrights for different expressions of that idea. Say I come up with an algorithm to, I dunno, encode a database into a series of fractals. If nobody has documented the idea before me, I might get a patent and license it to several different companies that implement it differently in their products. One idea, one patent (mine), multiple implementation products (that might not even be compatible) each covered by a valid copyright. The concept that patents is for hardware and copyright is for written material worked in the 19th century but electronics, computers, and geneyics all break the mold. It now possible to protect hardware with copyrights (ask Apple) and software and even ephemera via patents. The world of IP is messy, confusing, and in dire need of updating but until it is, "them's the rules". So, in the day-to-day reality out there, creative folks can choose to protect the fruit of their labors through copyright, patent, trademark, trade dress, trade secrets, or via contract, all depending on the circumstances. As a rule of thumb, engineers and inventors get screwed and lawyers get rich. Non-creative folks, on the other hand, mostly just whine about IP laws and do nothing. ![]() Later! I've got a patent in the oven... ![]() |
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#33 | |
Grand Sorcerer
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Join Date: Jan 2007
Location: Tampa, FL USA
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Quote:
For example, you can patent the use of a software program to compress a file so that the resulting file is smaller than the input file and there is a way to take the smaller file and expand it back to the original file. You can patent your software that compressed a file since that is an implementation of the idea. This is why Zip could be created when the guy that came up with Arc wouldn't share. Both compressed files but each on implemented it differently. Also, see here: http://www.ipwatchdog.com/inventing/patent-ideas/ BOb |
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#34 |
Wizard
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BBRags, wow, the thread exploded in length!
Yeah, there are patent rewrites after examiner feedback (and rejections of claims) but ONLY of the claims IIRC. The earlier text (background and description) is pretty much locked-in-stone as-submitted. You can only patent one invention at a time so some of the more interesting devices start continuation patents for additional aspects and related inventions. The other thing to keep in mind is the patent is only the claims. All the description and titles of patents mean nothing beyond some helpful intrinisic definitions. You cannot say "oh, that was done before" unless you are talking about the actual claims. |
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#35 | |
Somewhat clueless
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I'm not saying it's desirable (or not), simply that in practice you can effectively patent an idea. Patents will cover the idea, while copyright will cover specific expressions of that idea.
Quote:
/JB |
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#36 |
Guru
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Device: Ebookwise 1150 / 1200
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I wonder if anyone patented the process of the giving of a patent?
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#37 |
Junior Member
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Device: Kindle 2
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I dunno if this helps with the debate or not, but...
This article seems to explain the whole deal really well and quickly.
http://www.engadget.com/2009/11/03/s...-and-crannies/ |
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#38 | |
Ad astra per aspera
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![]() http://www.maximumpc.com/article/web...der?page=0%2C0 http://www.marvell.com/products/cell.../release/1344/ Interestingly, the Alex was not presented here by its manufacturer (Spring Design) but by Marvell, the big semiconductor company that designed its processor. That means the Alex was deemed advanced enough to be put into independent hands (and also that it's using an interesting new chip capable of 3 fps e-ink refresh while consuming less than the previous generation) Last edited by Faenad; 11-04-2009 at 01:26 PM. |
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#39 |
Guru
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Device: Sony Reader, nook, Droid, nookColor, nookTablet
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If B&N really has been developing the nook for four years, as rumor has it, then the whole thing is practically moot. Their design was likely set more than eight months ago (when the NDA was signed).
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#40 |
Publishers are evil!
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If B&N can document that they came up with the idea of combining an LCD screen and an eInk screen in one device then they'll be fine. If on the other hand, that didn't become part of their design until after they went into discussions with SpringBoard then they are likely in trouble.
I also wonder about B&N's partnerships with iRex and with Plastic Logic. I have a feeling that something is going on here as well. Plus, Amazon released the first Kindle two years ago, and released 2 new versions since that time. I simply don't believe B&N has been trying to get a device out for the last 4 years, but if that's true then something else is wrong. |
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#41 | |
Banned
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Quote:
![]() Penforhire - And that's also why you get some ugly "art" of devices in patent claims... Anyway, when a company with a in-production device gets a claim slapped on them by a company without, especially when the timescale dosn't add up for the Nook not to have been in late development before they were shown the Alex... (Not to mention cutting off talks is the *right* response when you realise there's potential cross contamination)... (And there needs to be a far stronger punishment for patent trolling, honestly) Last edited by DawnFalcon; 11-04-2009 at 03:57 PM. |
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#42 | |
The Grand Mouse 高貴的老鼠
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According to the documents filed in the action, B&N were shown the Alex designs back in late Feb/Mar, and continued in talks, including presentation to senior executives, right through to the end of September.
It'll be very interesting to see what B&N's response it. It'll have to be very solid to nullify the documents we've seen so far. Quote:
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#43 | |
FT Parent PT Reader
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Location: South Alabama
Device: Shocked by how much I've read on an iPod Touch received as a gift!
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#44 | |
Evangelist
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Join Date: May 2009
Location: New York
Device: EZ-Reader - Samsung Nook's- Nook S/T w/Glow - Kindle Fire - Nova 2
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#45 |
Ad astra per aspera
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Join Date: Aug 2008
Location: Mexico
Device: PRS-505, PRS-300 & HTC HD2
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Now let's take bets :
who will purchase Spring Design first? Amazon or B&N? |
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