Supreme Court Rules Software Patents Invalid-Without Ever Mentioning Software Once In the Decision

Posted by khalling 10 years, 10 months ago to Technology
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"What this means is that companies like Apple, IBM, Microsoft, Google and others have had the value of their patent portfolios nearly completely erased today. If they wish to remain compliant with Sarbanes Oxley and other laws and regulations of the Securities and Exchange Commission they will need to level with their shareholders and tell them that their patent portfolios have been decimated."

db is on a plane headed to the Atlas Summit to give a talk about Galt as Inventor. When he gets off the plane, this news will greet him. Imagine a MODERN patent system understanding the manufacturing age but not the information age....


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  • -1
    Posted by Robbie53024 10 years, 10 months ago in reply to this comment.
    Just pointing out that one could take your statements in the manner that I presented them. Having had these discussions in the past, I understand your perspective - but others might not. Particularly with the occasional O who wanders in here and screams that only the "pure" should be in here.

    No harm, no foul.

    Blood pressure reducing yet from the SCOTUS ruling?
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  • Posted by 10 years, 10 months ago in reply to this comment.
    There are new people to the site who don't yet know Objectivism. On my posts, I will point out where relevant. It does not keep someone disagreeing with Objectivism from making their argument. But t is relevant to show the distinctions.
    "...those who do believe in what you term "mysticism" don't belong on a site devoted to "Objectivism."'
    I have never said this on this site. I would not use the term "devoted" in speaking about Objectivism. I did use the word "promote." There is a huge difference. This site definitely promotes the ideas of Objectivism and Capitalism.
    Why is it important to make the distinction? Because there are from time to time contributors on this site who attempt to hide ideas they are actually promoting. Anarchism is one area I find dangerous. To be perfectly honest, I find it
    more dangerous in how anarchists try to hide that agenda by getting people to buy into sloppy utilitarianism ignoring important philosophical foundations.
    As far as Christianity goes, I do not find it dangerous-just illogical and mystical. I've never met a Christian on this site yet, trying to hide Christian values. Christians openly promote their beliefs. That's straightforward and honest. Many Anarchists, especially anti-patent crowd, purposely distort facts and outright lie to push their agenda. I will always point out that Objectivism supports all property rights, including intellectual property. I will continue to point out that in Atlas Shrugged intellectual property and patents are discussed around 200 times. Including a very important discussion between Cheryl and James Taggert regarding Rearden metal.





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  • Posted by j_IR1776wg 10 years, 10 months ago in reply to this comment.
    "A person who invents something is a "moocher" if someone else thought of it first" This is why we need and have patent offices. The inventor is the person who registers the idea first unless someone can prove otherwise.
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  • Posted by Maphesdus 10 years, 10 months ago
    "db is on a plane headed to the Atlas Summit to give a talk about Galt as Inventor."
    ---
    Was the talk filmed?
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  • Posted by Maphesdus 10 years, 10 months ago in reply to this comment.
    dbhalling: "Ultimately you are an anarcho-libertarian. You refuse to acknowledge that you point of view ultimately leads to a government."
    ---
    ...What?
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  • Posted by Maphesdus 10 years, 10 months ago in reply to this comment.
    All technological innovation happens by a series of small evolutions, rather than huge revolutions. If you require that people come up with a huge revolutionary idea before they're allowed to enter the market, and use the law to stomp on the tiny evolutions, then you're impeding technological advancement.
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  • Posted by Maphesdus 10 years, 10 months ago in reply to this comment.
    Two clicks instead of one would have reduced the number of sales generated from their online store.
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  • Posted by Maphesdus 10 years, 10 months ago in reply to this comment.
    Many online stores provide the option of canceling a purchase within 24 hours if you realize you made a mistake. The concern over accidentally buying the wrong thing is certainly legitimate, but simply introducing a second click into the buying process is both needlessly cumbersome and also ineffective. The ability to undo the purchase after the fact is a much better solution.
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  • Posted by Maphesdus 10 years, 10 months ago in reply to this comment.
    Actually no, Objectivism only provides an emotional denunciation of anarchy. Logically, Objectivism leads straight to anarchy.
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  • Posted by $ CBJ 10 years, 10 months ago in reply to this comment.
    "Violating the Constitution?" Since when does holding an opinion or belief violate the Constitution? Have we finally arrived at the age of thoughtcrime?

    As a computer programmer for 33 years, I'm well aware of what computers are capable of. Check out neural networks, genetic algorithms, and agent-based models. Computers are becoming more and more powerful and more and more capable of mimicking aspects of human thought processes, discovering relationships and finding more efficient ways of performing physical and mental tasks.

    I'll say it again: The legal issues regarding computer-related patents are only going to get murkier as computers continue to become more powerful and produce inventions of their own without direct human intervention.
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  • Posted by $ CBJ 10 years, 10 months ago in reply to this comment.
    So when I say something, I'm "really" saying something else. If I disagree with your definition of property, I'm advocating theft. A person who invents something is a "moocher" if someone else thought of it first. And what’s with the personal attacks?
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  • -1
    Posted by dbhalling 10 years, 10 months ago in reply to this comment.
    Brilliant Mike. You base you decision on one data point, that is a purposeful mis-characterization. You are clearly incorrect about the XOR being known before the patent was filed. If was created years before as part of a CAD computer system. Then people started using it and it became part of the VGA (I think) standard. So your facts are wrong, but you are good a spreading socialist propaganda designed to destroy people's property rights.
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  • Posted by dbhalling 10 years, 10 months ago in reply to this comment.
    J,

    The real effects will not be on big companies, it will be on startups who cannot get funding. Big companies are valued on their existing revenue streams mainly. Startups are valued based on their technology and ownership thereof.
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  • Posted by dbhalling 10 years, 10 months ago in reply to this comment.
    Define Abstract. By definition an invention is an abstraction, just as the word humans is an abstraction that classifies a number of specific instances.
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  • Posted by Robbie53024 10 years, 10 months ago in reply to this comment.
    Not "falling" for anything. Merely availing myself of different perspectives so that I can form my own, informed, opinion. While I recognize your expertise in the area, I also recognize your inherent bias (that's not an insult, merely a statement of fact).

    Like I said, I used to read lots of patents for my work. As an engineer, I saw numerous nearly identical implementations of functions. Few of them were truly "novel and unique", yet they received a patent. And often I would run into "blocking" patents by competitors which were written all around a truly novel and unique innovation such that the originator was stifled in other uses of their idea, yet the competitor couldn't use their patents without leasing the original patent. They would crowd out the originator and force them into signing that license because they had no real choice.

    I think we need to protect IP. I just don't think the current system does so rationally.
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  • Posted by dbhalling 10 years, 10 months ago in reply to this comment.
    All inventions are a combination of existing or known elements. The reason we know this is because of conservation of energy and matter.

    Some people have attempted to define Novel as creating something from nothing, which is impossible. Just like the AWG people they set an impossible goal and then use this to attack legitimate property rights.
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  • Posted by dbhalling 10 years, 10 months ago in reply to this comment.
    By the way two-clicks is all that Barnes and Noble had to do to avoid Amazon's patent. The fact that they took this to court is what is outrageous.
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  • Posted by $ jbrenner 10 years, 10 months ago in reply to this comment.
    It would be interesting to see how excoriated an Objectivist patent lawyer would be, should he/she ever be nominated for SCOTUS.
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  • Posted by dbhalling 10 years, 10 months ago in reply to this comment.
    First of all the fact that you call a patent a monopoly, means you do not understand patents. The reality is you don't understand property rights, you don't understand this technology This patent is not an escrow arrangement, requires a very specific process (But because the Supreme Court does not know how to read a patent claim they ignore are the real world limitations), saves people billions of dollars, and did not exist until Alice created it. Note that escrow systems existed for centuries and CLS did not create an escrow system, they decided to steal Alice's technology
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  • Posted by dbhalling 10 years, 10 months ago in reply to this comment.
    Actually there is no evidence that either of these Justices are strong property rights advocates. If you read the decision it is illogical on its face. It shows they cannot read patent claims. It shows that they do not understand patent law. They fail to read claims correctly. They violate the laws of physics by saying each part of the claim is well known. (Its called conservation of matter and energy). You have proven you also are impervious to logic and reason.
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