On Jun 9, 2008, at 5:32 PM, Christopher Fahey wrote:
But Jared? Dan? Do you guys really avoid ever looking at patents,
avoid discussing them at conferences or on blogs? Not even, for
example, Nokia or Apple's widely-discussed gesture patents, or
Apple's planned human interface devices?
Or are we all just playing lip service to the bullying tactics of
the big patent law abusers? Are we letting the terrorists win? Where
is the Dan Saffer who literally called "BULLSHIT" on this behavior
two years ago (http://www.ixda.org/discuss.php?post=9101)?
I'm still standing. And that patent filing was bullshit. And I still
agree with what I wrote deeper into that old thread, namely:
"It is one thing to patent an UI idea that creates a distinct
technical/business advantage for your company. I'm thinking of, say,
Amazon's one click button. It is quite another to file broad patents
that hinder whole industries and whose features are in common use."
But I also, in retrospect, probably shouldn't have posted it to the
list. As stupid as the patent filing was, it could have put some list
members in jeopardy (although in that case, it would be nearly
impossible for any of us to work on the web--but I digress).
I think there is a cultural divide here, based on the products one
works on. Back when I worked almost exclusively on the web, patents
were basically ignored. I barely gave them a second thought, and no
client ever mentioned them at all. Not once in over 13 years of web
work. But once I started working in the software and hardware world,
it's a whole different ballgame. Intellectual Property is taken
seriously. It is my understanding, as paradoxical as it may seem, that
all major software and hardware manufacturers forbid their designers
to know anything about patents being filed. Why? Because knowledge of
a patent can triple damages awarded if the company is found to be
infringing on a patent. So even if (as assuredly it would) inspire us
or enlighten us or whatever, it is best to avoid them. In this case,
yes, the lawyers have won.
While I am extremely curious about the patents being filed right now
(and especially the gestural patents), I have to avoid looking at them
as much as possible.
Dan
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