Re: Why DRM exists [was Re: Flame Linus to a crisp!]

James Bottomley
2003-04-29T17:26:43Z

The problem is a broken patent system that allows common knowledge to be
"protected." I've strongly considered trying to get a patent on B-trees
or QuickSort, just to see if the patent office is as foolish as they
seem. The reason I can tear down the engine on my truck is because it
poses no threat to the manufacturer; no one has a patent on the concept
of a piston (though they may patent a specific *type* of piston.)

I think you'll find that all patent systems the world over require the
invention to be novel and non-obvious. Prior disclosure or publication
invalidates the novelty part of this (Except in the US, and only if the
patent author published the details). Patent systems also require that
the inventor sign a statement certifying themselves as such (i.e. you
can't file a patent for something you didn't think of yourself without
committing perjury).

Obviously, the first judges of the meaning of "novel" and "non-obvious"
is the patent office. They do a good job generally, but seem to be
having difficulty grappling with the considerable body of computing
knowledge outside the rather limited patent domain.

The final judge is the court system. Many (and that seems to be about
50% of litigated patents) fail these tests and are ruled invalid

The problem today is that the patent office will honor almost anything
with a patent; if cars were software, Ford would have a patent on
pistons that would prevent GM from building V-8s.

I'll agree with this, but the patent office is trying to catch up here.
Perhaps a quick fix would be to publish patents 3 months before issue
for a "bounty" period during which anyone could submit prior art or
non-obviousness arguments for consideration before the final decision on
issuance.

There is nothing wrong with the original conception of patents and
copyrights: the protection of IP creators to profit from their work
before it enters the public domain in a reasonable time period. Sadly,
corporations have legal rights, and the money to pervert the process.
Patents and copyrights need to be fixed, not destroyed.

Anyone with sufficent resources can pervert any process they set their
mind to, be it legal or legislative (DMCA anyone?). The balance in the
system is the noise made by those affected by this.

James