( Another mini-rant about the busted software patent system... )

Tags: law

A followup to the Drew article that I posted earlier today:

Experts Say MySpace Suicide Indictment Sets 'Scary' Legal Precedent

This may be the perfect example of the difference between law and justice, and what happens when there's a chance somebody might sneak through the cracks.

Tags: law

This is the type of stupid stuff you have to deal with when you allow ideas to be patented, as opposed to implementation...

High court wrestles with software patent questions

While, on a narrow basis, I would support Microsoft (probably one of the few times you would hear me say that), in the broad view, I almost hope AT&T would win. Because, in that case, I would hope logic would prevail as the ruling would set such a ridiculous precedent that patent law would be overhauled.

Implementations should be patentable, but not innovation. If you come up with an idea to do something, implement it, and somebody reverse engineers it, and uses it to do something better, you'll just have to compete. In the end, this patent law crap will freeze computer science in particular and innovation in general, and the only winners will be the lawyers. Once again, people are looking short term and forgetting there's a forest beyond the individual trees.

Too bad we all lose when that happens.

Tags: business, law

I've been following this case for a while, as something that holds lessons for people in my industry, and for the general application of patents / copyrights to society as a whole. It looks like it's finally coming to a resolution.

SCO Files 10K: "We can not guarantee...our claims...will be heard by a jury"

It's only taken four years to get to this point. Now, while I'm happy at the repudiation of the use of the patent lawsuit as a business model, I really have to wonder who's really won here except the armies of lawyers with their legal fees. Even if IBM wins completely and recoups legal costs, SCO will probably declare bankruptcy and not have to pay a dime, and so the geniuses that started this whole affair will probably walk away without any consequence, even though they've destroyed a company and locked up parts of the legal system for years.

I understand the concept of limiting legal liability, and I understand why we need it; but to see it abused in this way really makes me mad. And this may only be the last gasp of common sense before we're overwhelmed as consumers by businesses using every means necessary to make profit. I said years ago that I was worried we were returning to the era of the Robber Barons -- nothing I've seen since has really shaken me from that conclusion.

Tags: business, law