

 Top judge: ditching software patents a "bad solution" - Cadsby
http://arstechnica.com/tech-policy/2012/05/top-judge-ditching-software-patents-a-bad-solution/?comments=1#comments-bar

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Tmmrn
My idea would be a weekend workshop "How to create a modern Video Codec
without violating patents" with a walkthrough of the process you would need to
innovate there.

Since according to the Microsoft vs. Motorola case [0] there are over 2300
patents for h.264 alone you would have to read a pretty big stack of patents
before doing any actual work.

Then, present a little insight how hard it is to work around all of them and
ask the question whether it it is the intention of patents that all
innovations need to implement hundreds of time consuming workarounds.

Then one could cover whether buying a license for h.264 and creating dependent
work is feasible. And of course we have this hilarious example of again a
Motorola vs. Microsoft case: Banning Microsoft from selling Windows 7 and the
Xbox in germany [1].

There are too many patents relevant to h.264. It kind of worked until now
because all of them were kind of at the MPEG-LA and they managed to sell
licenses for all of them together but in reality anyone with such a patent who
is not directly at the MPEG-LA can sue anybody who uses h.264 in a product.

But don't worry, we can suspend the patent system just fine if it affects a
big company:

> Based on the evidence before it, the court finds that Microsoft has shown
> that a German injunction enjoining the sale of Microsoft Software and the
> Microsoft Xbox in the country of Germany will result [in] irreparable harm.
> Microsoft has provided this court with convincing evidence that it will lose
> market share, which will be difficult to regain, and suffer harm to its
> business reputation.

I'm sorry, I didn't follow fo a little moment? Infringing patents is just fine
if you would be adversely affected by enforcing the law?

Wat.

[0]
[http://blogs.technet.com/b/microsoft_on_the_issues/archive/2...](http://blogs.technet.com/b/microsoft_on_the_issues/archive/2012/02/22/google-
please-don-t-kill-video-on-the-web.aspx)

[1]
[http://seattletimes.nwsource.com/html/microsoftpri0/20182089...](http://seattletimes.nwsource.com/html/microsoftpri0/2018208947_judge_issues_preliminary_injunction_barring_motoro.html)

~~~
tzs
Motorola says Microsoft infringes patents, and got a German court to agree,
allowing Motorola to stop Microsoft from selling certain products.

Microsoft says that Motorola is breaching a contract to license those patents
to Microsoft on reasonable terms. That case is currently being litigated in a
US court.

The US court is, quite reasonably, not allowing Motorola to take action on
stopping Microsoft until the contract issue is resolved. If Motorola is
allowed to stop Microsoft now but then loses the contract case (and so
Microsoft gets a license to the patents) this will cause great damage to
Microsoft. If Motorola wins the contract case, then they can enforce their
injunction in Germany. Any extra harm Motorola suffers by not being able to
enforce the injunction immediately can be addresses by a simple increase in
monetary damages later.

~~~
Tmmrn
Ok, I didn't read that right. I had to look up what preliminary injunction
means and it's clearer now.

<http://en.wikipedia.org/wiki/Preliminary_injunction>

------
vibrunazo
> excluding software from patentability was an "odd way to divide up the
> world."

Here in Brazil software cannot be patented. We still write software, make
money off software. In fact, in the last couple of years we're seeing a huge
number of Silicon Valley entrepreneurs and investors migrating here, because
the tech startup scene has been getting really hot.

The point is. Our industry doesn't need patents to exist. We do fine without
it. Patents are just an artificial bandage trying to fix flaws in other
industries. But these flaws doesn't exist in tech, so the artificial bandages
are just getting in the way for no good reason.

------
shib71
His arguments triggered a sense of deja vu. I've made those same arguments
with clients who want a system to process a specific product differently to
all the others, and colleagues who think our framework should have special
code to handle a rare use case.

Those arguments are valid - from the perspective of the architects.
Maintaining and learning to use such a system is incredibly difficult, and
resistance against special cases is healthy and helps promote simplicity.

But the purpose of law is to promote quality of life not quality of law, and
_life is messy_.

------
ktizo
Is like asking a duck what it thinks of all the flooding after a tsunami.

