[ale] OT: sort of it is about OSS

[Ron Frazier (ALE)]

Jim Kinney <jim.kinney at gmail.com> wrote:

>On Fri, Feb 15, 2013 at 11:36 AM, Jeff Hubbs <jhubbslist at att.net>
>wrote:
>
>> On 2/14/13 10:43 PM, Scott Castaline wrote:
>>
>>> -----BEGIN PGP SIGNED MESSAGE-----
>>> Hash: SHA1
>>>
>>> Has anyone seen this?
>>> http://pyfound.blogspot.com/**2013/02/python-trademark-at-**
>>>
>risk-in-europe-we.html<http://pyfound.blogspot.com/2013/02/python-trademark-at-risk-in-europe-we.html>
>>>
>>> Are trademarks treated differently that patents? To me it just seems
>>> like a pile of crap that someone can come along and do that to
>someone
>>>
>> Yes.  Patents are a temporary monopoly on an idea, granted by
>government
>> in exchange for full disclosure.
>
>
>And they should be dropped entirely.
>
>

I can see both sides of the fence.  I tend to think software patents should be eliminated or severely curtailed.  Things like virtual lab test instruments muddy the waters, where, the instrument IS the software program, and it's just attached to a bit of I/O conditioning circuits.  I tend to think patents should be substantially reduced in the modern world.

HOWEVER, say you've just developed the next world's greatest internet networking widget appliance.  Your market research shows there will be strong demand.  You've spent $ 20 million to pay for R&D, programming, machining, molds, templates, assembly lines, market research, and initial production.  You face another $ 5 million in marketing costs.  You're ready to go.  But, you know that if you put the device on the market without any legal protection, it will be reverse engineered and cloned within 90 days in China or elsewhere.  Since they didn't incur those up front costs, they'll be undercutting your price by a factor of 5.  Assuming the clone products are functionally equivalent and marketed well, theirs will sell and yours won't.  You will lose much of your $ 25 million.

etc.  etc.

There has to be a way to encourage businesses to take the risks and make the investment; as well as protect the consumers from being gouged.  In my example above, assuming the market really wants the product, the inventor / company has every right to recoup the up front costs and make a reasonable profit on their product.

Sincerely,

Ron



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Ron Frazier
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