[XML-DEV Mailing List Archive Home] [By Thread] [By Date] [Recent Entries] [Reply To This Message] Re: The next wave: patent your DTDs
[Tim Bray:] > I'm making an effort to let my amusement over the profound silliness > of patenting a DTD counteract my disgust at the business climate > that makes this kind of behavior thinkable. -Tim Hear, hear. I have recently learned, to my disgust, that the real purpose of a modern US patent is to provide a fig leaf so that people will feel just a little bit justified as they rush to bet their cash on technologies that they are incapable of evaluating. Such investors counsel themselves: "A patent's a patent, and that's real protection for the intellectual property!" Patents, and especially software and business process patents, have become just another phony credential for use in what amounts to a confidence game. Several hundred years ago, there was a similar bubble in tulip bulb investments. Just as it did then, reality will catch up and today's technology bubble will burst. "Yeah, but in the meantime," we secretly and greedily counsel ourselves, "...let's get rich!" We're witnessing the subversion of the patent system by the raw power of the "bigger fool" theory of investing. A patent is a lot like a tulip bulb. After the bubble bursts, the US will evaluate the complicity of the US Patent & Trademark Office (PTO) in the creation of the current technology investment bubble. The current role of patents in this investment climate is quite different from the function the founding fathers intended the patent system to fulfill. Instead of being a system for rewarding inventors with a portion of the value their inventions contribute to society, while inducing them to share their insights with the public ("patere" is Latin for "expose"), the patent system has become the foundation of a huge array of scams to trap greedy people with more dollars than sense. At the end of all this, the patent system itself may be entirely discredited. Given the present situation, maybe that's a good thing. Maybe there will be meaningful reforms, such as meaningful patent examinations and a guarantee that the work backlog of the PTO will not exceed 30 days (yes, these are conflicting requirements). I don't think the alternative of locking up real technological breakthroughs in corporate vaults -- failing to expose (patent) them -- would be good for humanity. Right now, however, the years-long backlog of the PTO is having a similar net effect. -Steve -- Steven R. Newcomb, President, TechnoTeacher, Inc. srn@t... http://www.techno.com ftp.techno.com voice: +1 972 517 7954 fax +1 972 517 4571 Suite 211 7101 Chase Oaks Boulevard Plano, Texas 75025 USA *************************************************************************** This is xml-dev, the mailing list for XML developers. To unsubscribe, mailto:majordomo@x...&BODY=unsubscribe%20xml-dev List archives are available at http://xml.org/archives/xml-dev/ ***************************************************************************
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