Let's. Microsoft is the biggest spender on R&D amongst software companies and they sponsor a lot of research without clear immediate benefits. This is in stark contrast to all the other big companies who largely only sponsor projects driven by product requirements. They regularly publish research papers in the best conferences and journals. MSR is the last bastion of well-funded, blue sky industrial R&D and the closest (though still a far cry) approximation we have to the precedent set by Bell Labs and Xerox Parc.
I don't begrudge them a few patents in exchange for that.
Or, asserting their legal right to protect their investment in R&D that latecomers like Linux and Android simply ripped off. Just a matter of perspective, really. Is just that given open source is the dominant religion around these parts, that perspective is in the minority.
Of course it does. The claims define what a patent covers. Noting that the vast majority (95%+?) of patents go unused, it's reasonable to assume that they have some correlation with market usage. What other hypothesis would you posit for the over abundance of value-less patents? Mine is that most ideas have no market value terrible, hence most patents don't either.
In fact, the MP3 patents are directly responsible for spurring the development of Ogg Vorbis, which is arguably superior in some ways (see other comments). From Wikipedia:
> Vorbis is a continuation of audio compression development started in 1993 by Chris Montgomery.[8][9] Intensive development began following a September 1998 letter from the Fraunhofer Society announcing plans to charge licensing fees for the MP3 audio format.[10][11]
This is interesting because "innovation through forced workarounds" has long been one of the ways patents are said to be beneficial. Ogg is a prime example.
> In what way is it "doing harm" to the patent system?
Well here's a study showing that the user of the term "troll" had become widely used by media without any evidence to support their negative views. This has led to judges forbidding the use of that term at trials as it is unfairly prejudicial.
If it is improper in the court of law, one can reasonably assume it is improper in the court of public opinion as well. The effects of this bias can be seen in the usual comments on patent-related threads here and other forums, where the USPTO is regularly derided by people who don't know the first thing about patents. These people know only what the media tells them, and as the paper shows, media is highly biased. This bias is being spread to a large audience and is also being used to push for reform that may not necessarily be balanced. I'd say, yes, such rhetoric is hurting the patent system.
The main reasons Netflix, Spotify and their ilk exist are a) piracy is still not user-friendly enough for everyone, and b) people vastly overestimate the risk of getting caught for piracy. Both of these are largely due to the incessant efforts of copyright holders exerting their legal rights. We are, in the large, homo economicus.
> TV and Movie owners already have copyright laws and DMCA laws giving them legal control on who gets their content and how it is used.
And you have property laws giving you legal control over who gets your physical property and how it gets used. You could, for instance, loan your car to your family all you want, or agencies can rent their cars out as they wish. But the moment some stranger makes off with it, the government law enforcement agencies are obliged to help.
The legal distribution of content is a free market -- there is no government price setting agency and no monopoly more than other forms of ownership -- the public only needs to be better educated about what they are paying for.
IIRC, it was some bytes of object code they copied to be interoperable, so that string could just as well have been an array of random numbers as far as being the key to interoperability was concerned.
Microsoft put billions into Windows Phone and many (including me) think it's superior to iOS and Android, but what's its market share now? What I mean is, even if it is technically better, will Google Cloud get customers? AWS has a huge head start with significant mindshare, and Microsoft has its pre-existing enterprise customers sewed up. With tech funding drying up, where will Google find its customers?
Says the guy paid by Google. Tell me, when Alsup issued his "name your shills" order, was yours amongst those Google released? I certainly see you (or at least your handle) commenting on various Google-related threads here and on Ars.
Yes, and those semantics are purely functional, lacking any form of expression, which copyright expressly excludes from protection. The only reason binaries are copyright-protected is because they are "derivative works" from the original copyright-protected program code.
Another key point (in my view) is that these APIs are textual whereas BIOS / protocols / binary interfaces are purely functional. Copyright is meant to cover "forms of expression". Text can have "expressive" creativity, but binary interfaces can have only functional creativity, which is expressly the realm of patents.
Of course, the only reason code is copyright-protected is because it's text, and text can have expressivity and code can be creative. But that does not mean code has creative expression. Most code does not express anything, not in the way other artworks do -- most code exists only to solve specific problems and hence is functional. Sure we can use whatever names we want for the methods and variables but you'll notice they all tend to be very descriptive of what they do. Not much creativity in the text of the code itself (at least for "good" code). All the creativity in software is in the technical ideas, approaches, algorithms and abstractions we use to solve those problems, but unfortunately only patents protect that, if at all.
The real problem here is the use of copyright to protect code. It's a legal hack, enacted because there was nothing better around to use. And to make the hack uglier, binaries enjoy copyright protection because they are "derivative works" from copyright-eligible program code. We need something more appropriate, lying between patents and copyright to protect software.
> Sure. But music sharing didn't kill the industry then; there's little reason to believe it'll be the reason for its death now.
To me that translated to: "Sharing some songs between a handful of friends once every few days didn't harm the music industry; hence being able to share hundreds of songs with millions of people in a few seconds will harm it now."
The second statement sure looks like an extrapolation from the first, and given the mind-boggling difference in scale, an invalid one.
As for lack of data, music industry revenues have been decimated since the turn of the industry. Sure, there are several factors involved, but can you really pretend the terabytes of copyrighted music being torrented every month has nothing to do with it?