[Discuss] [OT] more on patents/Wi-Fi

[bogstad at pobox.com (Bill Bogstad)]

http://www.theregister.co.uk/2011/10/05/innovatio_could_be_stymied_by_aia/

I just saw an interesting article about the attempt to sue people for
using Wi-Fi.  It seems that some good may have actually come out of
recent changes in US patent legislation (America Invents Act).   It
has become more difficult to lump alleged patent violators into a
single lawsuit.  This means the cost for patent trolls will go up.
The result is that any attempt to enforce patents against individual
users may be economically infeasible in the US.   Organizations will
still be good targets, but even here the article highlights some of
the difficulties that might be involved.

I have to say that I'm not completely positive about this.  I would
have preferred that bad patents/software patents be eliminated not
just routinely violated.   After watching the recent PBS documentary
series on Prohibition and the consequences of laws that everyone
ignores, I can't see such a state of affairs as positive.  (Not that I
think we are going to have bootleg software vendors shooting it out
on the streets of Chicago.)

On a more long term basis, the effects of widespread access to 3D
printers to patent enforcement could be "interesting".   If I remember
my history, Eli Whitney had difficultly enforcing his patent for the
cotton gin against cotton growers at least partly because it was just
too easy for people to make their own.  In some sense, I believe that
was part of RMS' argument against software patents.   Coming up with
ideas is often not the hard part of developing software "objects".
The hard part is getting all the implementation details right so it
actually works.  With physical "objects", the difficulties of
manufacturing have formed an inherent barrier to violating patents by
individuals.   3D printers will lower that barrier for certain classes
of physical "objects" and may have similar results to what cheap
digital copying did to music.  I'm sure society will eventually be
forced to adapt to the new realities, but before that happens the
organizations that currently benefit will do everything in their power
to maintain the status quo.   I wouldn't be surprised to see more
enforcement against smaller organizations and lobbying to increase
criminal penalties for patent violators.

Bill Bogstad