with all due respect
Posted May 7, 2005 23:34 UTC (Sat) by ccyoung
In reply to: Difficult for a farm boy like me
Parent article: Software, reverse engineering and the law
you certainly know more about this than me.
but consider if I were to take a couple of week programming, and, using common sense in this profession, say, "it'd be cool if the user moved her mouse this way then that would happen," or say, "in this XML format I'll let the user define a macro that could have a dynamic effect on what the user sees." what if there were an unnamed company with unlimited resources that patented these ideas. are you saying I no longer "own" them? does the company now have right to come after me however it chooses because I applied commons sense to my profession?
this is patently absurd.
consider if you like to barbeque on weekends and have actually gotten pretty good at it. your innovation is to marinate your brisket and then freeze it a little before grilling to help set the juices. however, Kraft has patented this method. you're legally allowed to freeze your brisket only if you pay Kraft a royalty each time you light your charcol. say you own a steakhouse - Kraft comes to your door saying you don't even know how many pantents of ours you are violating every night straight off your menu - it really makes sense just to pay us this yearly fee.
there's the beef.
are you going to hire $50,000 for a patent attorney? no, if you own that steakhouse you're just going to pay. if you are in your backyard, you're just going to ignore those Kraft patents as being completely absurd.
forgive my lack of sophistication, but this sure as hell sounds like extortion to me. that the government might be complicit really makes no difference.
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