Hell, I wish this applied to copyright claims as well.
"Secondly, it ends up that the alleged infringer must do the work of the absent or missing expert paten examiner, and do this work so weel that it could be verified by a jury."
That is the de facto case, and makes one wonder why we even bother to have patent 'examiners' in the first place.
Patent examiners ain't nothing but hoes and tricks.
Remember when Judge Dredd was satire, and not an instruction manual? Good times...
"MomNPop's shovel: $30 ($15 wholesale + $8 overhead + $7 salary)
Walmart shovel: $20 ($10 wholesale + $4 overhead + $4 salary + $2 profit)"
And which retail job would you rather have?
Blockbuster found their niche early on by eating the mom-n-pop video stores' lunch. The fact that the same lunch got handed to them by Netflix doesn't disturb me at all.
There's a thread here, that I can't quite tease out, about how the people who rise to captain of industry are utterly incapable of seeing what sea their ship is sailing on.
Also Clear wireless. (But if you're on a Mac, just stick to the 'on the go' modem. I've been dealing with them for a week and have burned through two of their 'home modems.')
As to your larger point, Mike has been saying for years that it's competition that would rectify this, not net neutrality laws that will be influenced by entrenched concerns.
"If Google wanted to be sneaky about it, they'd make the special API available to collection agencies as part of a settlement and then, when the first independent artist requests access, open it up to everyone else."
I like the way you think.
Unfortunately, that doesn't seem to be the way Google thinks. They don't even reject improper DMCA takedowns, which would seem to be the low bar here.
"... but I think a good compromise would be to give legitimate collection agencies special access to scan for their content using whatever technologies they so desire."
Well, it's on the 'net, so they can use whatever robot they want. In addition, Google does do some pre-emptive scanning on their own end, although I'm not clear on how deeply involved various parties are in that bit of overreaching.
Also, I'm not quite clear on what makes a 'legitimate collection agency.' There are thousands of artists, some quite well known, who are not part of the traditional label system, but that doesn't stop the collection agencies from collecting on their behalf. Sounds more like a Mafia shakedown, with the promise that they'll be sure to take care of widows and orphans.
I understand the appeal of getting someone else to do your job for you, but isn't policing this kind of stuff the purported reason for these collection societies?
"...if it's not an Adams then surely he's free to make it, copy it and and sell it as his own work."
Nope. It's still under *someone's* copyright. It becomes a classic orphan work at that point. Nobody knows who actually 'owns' it.
New techdirt bumpersticker?
CwF+RtB+FU=Profit
New techdirt bumpersticker?
CwF+RtB+FU=Profit
Oh.
Still, doesn't hold up. You actually have to maintain an apt. complex (at least currently. We'll see where this leads to.)
Better yet, just design a house and when someone builds one that's similar enough, sue them.
You're following the wrong people. #twitterdoesn'thavetosuck
"The political scuttlebutt is that Obama will dump him on the 2012 ticket."
I so want this to be true, but [citation needed]
Someone should just patent AG Grandstanding.
And I should trademark AG Grandstanding for the trifecta.
Re: Re: What's the downside?
"Well, the downside is wasting court resources on issues that aren't clearly harming anyone."
We've already got that, it's just that the bulk of the penalties are stacked against the accused infringer. I see no reason not to put some real risk in claiming to own something you don't.