Gene Cavanaugh’s Techdirt Profile

On the post: By Definition, A Defensive Patent Is A Bad Patent

Gene Cavanaugh ( profile ), 30 Jul, 2011 @ 08:54am

A little history on "defensive" patents

Actually, this type of patent started with patents that were so obscurely written that it was unclear what was covered; then expert witnesses were retained (actually, "bought") to "explain" what they meant. The idea was to make the process so expensive that no one would want to encroach on your turf - bad? Of course, terrible - against innovation to protect a business model.
Relatively recently they "morphed" into obviousness; even worse.
Yes, ALL defensive patents are bad - so naturally, the vast number of "morons in a hurry" hear "ALL patents are bad" - which is definitely not true.

On the post: Google Finally Speaking Up About Problems With Patent System

Gene Cavanaugh ( profile ), 27 Jul, 2011 @ 08:39pm

Patent reform

No one can seriously argue that the patent system as it exists is NOT doing serious harm to our economy (and the world as a whole). No one can argue that the US government selling out to big entertainment, et al, is not a serious concern.
But it is almost the definition of "moronic" to be so extremist! First, someone says "patents as they exist are so bad we would likely be better off without the present system", which is definitely true. Then person two jumps up and says ANY kind of system is bad!MORONS!

On the post: And Here Comes The Video Game Backlash Due To The Norway Tragedy

Gene Cavanaugh ( profile ), 26 Jul, 2011 @ 10:28am

Extremism

I am really disturbed by this extremist point of view; it is like Congress, and "don't tax the wealthy" policies that are destroying us.
Video games do have some influence; shown again and again. Saying there is NO evidence of this merely displays ignorance.
To say there is an acceptable influence (like saying, cars create an acceptable danger to pedestrians) is fine; to say "none" simply reduces the argument to biased reporting.

On the post: China Shutting Down Some (But Not All!) Fake Apple Stores…

Gene Cavanaugh ( profile ), 26 Jul, 2011 @ 10:17am

China and Apple stores

Interesting that it is Kunming. That is in Yunnan, a province that until recently was the only one where Han Chinese were a minority.
One Chinese official told me "They don't even speak proper Chinese there" as he explained why Kunming and Yunnan don't really matter.

On the post: Demand Media Threatens Critic Blog

Gene Cavanaugh ( profile ), 26 Jul, 2011 @ 10:14am

Demand and its takedown

To paraphrase Will Rogers, "God must love ignorant people - he made so MANY of them!".
LAWYERS don't run a company. LAWYERS don't make strategic decisions. Like engineers, tech writers, etc., LAWYERS are told to do "X" and figure out how to use the legal system to do it.
I visualize a lawyer telling the corporate officers who wanted a take down that it is not a good idea; and being told to "just go do it".
But, bloggers, who seem to be more intelligent than most, fall into the same trap as the ignorami; attack the messenger!

On the post: Oracle Deletes Jonathan Schwartz's Old Blog; Which Excitedly Celebrated Google's Use Of Java In Android

Gene Cavanaugh ( profile ), 26 Jul, 2011 @ 10:06am

Java

As an IP attorney, I am increasingly dependent on the web, and on the USPTO's EFS-WEB portal.
I find that EFS-WEB does not recognize Java on linux, and seems to require Windows.
So, in mucking around, I found that it appears to be something Microsoft or Oracle added, and whatever the flag is, it can be reset by merely having Windows available, even if using linux.
Interestingly, on one computer, I set it up to access Windows, then used linux (successfully).
I then decided to try Windows - and now WINDOWS is blocked!

On the post: Is There A Difference Between Inspiration And Copying?

Gene Cavanaugh ( profile ), 23 Jul, 2011 @ 10:55am

Infringing photos

As a IP attorney I find this sort of nonsense embarrassing.
I am inclined to think we should completely abolish copyright, and do some serious limiting on patents.

On the post: Can Google Get Past The Big Faceless White Monolith Stage?

Gene Cavanaugh ( profile ), 22 Jul, 2011 @ 01:59pm

Google customer care

RIGHT ON! I am a former customer of Gizmo, which was integrated into Google. I also had a Google Voice number, which I had connected to my cell phone.
Gizmo disappeared, and with it, my Gizmo number, but then Google allowed us to migrate our Google Voice number to a SIP phone (which I was using for Gizmo).
Worked fine for a few days, but now calling my GV number puts into my GV account; NOT what I want, and not what it did originally; and I have no one to talk to!

On the post: No, Google Is Not Rewiring How We Remember

Gene Cavanaugh ( profile ), 20 Jul, 2011 @ 11:24am

Google rewiring brains

Great article, good analysis.
I will argue that this is a very good thing. When I was younger, even through my 30's, I had so many things on my mind that I seldom had time to think of new things (same thing as the so-called "absent-minded professor", who has to clear his/her mind of trivia to deal with important issues; I wasn't good at doing that).
With Google et al, many of these things are now less intrusive, and I see it in a more productive mind, speaking for myself.

On the post: App Developers Dropping Out Of US Out Of Fears Over Patent Lawsuits

Gene Cavanaugh ( profile ), 19 Jul, 2011 @ 03:38pm

Patents and Innovation

Good article, well written and thoughtful.
I agree on all points, except I will point out two things:

1. Congress, I believe, passed "first to file" laws; a step in the right direction. Big business has done a good job of claiming it harms small inventors, which isn't true, but it passed.
2. It is the way patents (and IP generally) is implemented that is so harmful. As an IP attorney, I see the advantages of properly done IP all the time - and the enormous harm in the way it is usually done!

On the post: Rich Fiscus' Favorite Techdirt Posts Of The Week

Gene Cavanaugh ( profile ), 17 Jul, 2011 @ 10:15am

Good post, but ...

Personally, even though I am an attorney, I feel it is more important to hold people in the legal profession (including lawmakers, or politicians) to the highest ethical standards.
I realize that, generally, there are more important functions where abuse may occur, but that does not excuse attorneys from meeting high ethical and professional standards.

On the post: Court: Naked Scanners Are Constitutional; But TSA Should Have Asked For Public Comment

Gene Cavanaugh ( profile ), 16 Jul, 2011 @ 06:01pm

4th amendment argument

Good analysis, and I do think the Constitution is under attack from our own government, but here I beg to differ.

The Constitution has never been interpreted to interfere with normal government functions. Are the TSA procedures "normal"? I would argue they are abhorrent, but as phrased by the court, they do pass Constitutional muster.

On the post: Yes, Silicon Valley Is Filled With Trivial Startups… And That's A Good Thing

Gene Cavanaugh ( profile ), 16 Jul, 2011 @ 05:54pm

Too much too soon

Great article.
I was recently involved in a startup. We began with a crappy product, but slowly developed the basis for something really valuable.
Then "the man" (founder) decided he was only interested in selling the company, and had us abandon efforts to make a silk purse out of that sow's ear, and just make it look "jazzy" so the company could be sold.
I dropped out, of course - it might work, but I don't like working with smoke and mirrors.

On the post: Rep. Anna Eshoo (From Silicon Valley!) Thinks PROTECT IP Is About Immigration?

Gene Cavanaugh ( profile ), 14 Jul, 2011 @ 09:45am

Eschoo and PROTECT-IP

Wow - great reporting.
I will have to rethink voting/campaigning for Eschoo.

On the post: Pro-IP Blogger Feels Raising The Level Of Debate Means Locking Up Your Comments And Throwing Around The Word 'Freetard'

Gene Cavanaugh ( profile ), 14 Jul, 2011 @ 09:42am

Fretards and Burns blog

Excellent article - well thought out and reasonable.
This reminds me of an interview I saw once of a student at Bob Jones University - he said they were "very openminded", even having debates pitting the "Bible against evolution" - as if evolution was anti-Bible!
He then went on to say "the evolutionists always lose, of course".
Very open minded, intelligent debate - better than the Burns blog, though.

On the post: Making Sure Your Ass Is Covered

Gene Cavanaugh ( profile ), 14 Jul, 2011 @ 09:13am

Covering your ass

Ah, the bliss of ignorance.
At one time, it was the mailman - bringing bills you didn't want to pay. You didn't mind the people demanding payment, but that "G*d D**n mailman!!!" -
Then it was doctors, telling you that you were really sick (and tactfully not pointing out that you brought it on yourself with self-indulgence!) - G*d D**n doctors!
Now it is lawyers, INSTRUCTED by their clients to boilerplate their agreements - G*d D**n lawyers!
No wonder the guilty have so little to fear; after all, it is really the G*d D**n cops, isn't it?

On the post: University Of Copenhagen Giving Away Patents For Free… If You Have A Credible Plan

Gene Cavanaugh ( profile ), 14 Jul, 2011 @ 08:41am

Patents and education

Excellent article, and I agree wholeheartedly.

The article does ignore the really serious negative consequences of this, though - since there is the appearance of great wealth from "here and now, practical" applications, it degrades the value of pure research.

So, the wisdom of the past: "a dollar for now, a dollar for the future" becomes "get the money, NOW!"

On the post: How Copyright Lobbyists Are Making The Child Porn Problem Worse

Gene Cavanaugh ( profile ), 13 Jul, 2011 @ 01:49pm

Child porn and copyright

The way I believe it all works is this:
The entertainment industry offers big bucks to politicians ("campaign" funds, unlimited by a recent Supreme Court decision).
Some politicians say "Fine, but how to I explain this to my idiots (excuse me, "constituents").
The EI then says, easy, "child porn"!
SP then says, "where's the money, I am sold".

On the post: Copyright As Censorship: Newport Television Abusing DMCA To Try To Silence Criticism

Gene Cavanaugh ( profile ), 13 Jul, 2011 @ 01:27pm

Free Press

Again, pegging on an extreme.
There are plenty of (mostly older) people who have been indoctrinated to do what the media tells them to do (well, they are heavily influenced by it), and they VOTE!
Result? The world is largely run by Rupert Murdoch, etc., and are fixated on "welfare for the wealthy" and other ideas that are causing our decline as a nation.
So, eventually - I think you are likely right; but "unit step" unbridled media?
I sincerely hope you aren't serious.

On the post: Patents As Theft: How Oracle & Microsoft Seek To Profit From Android Despite Having Nothing To Do With It

Gene Cavanaugh ( profile ), 12 Jul, 2011 @ 08:54am

M$ and Oracle stealing money from Android

EXACTLY RIGHT!
But again, "pegging" on a conclusion!
This is not a "go-no go" situation; all IP is good, or all IP is bad.
This is about so-called "defensive" or "large entity" type patents. Originally intended to make it too expensive for people to attempt to steal money from successful companies, it has morphed into the exact opposite, ALLOWING people to do so!
IP as the founders intended is a vibrant force for good, just a (small) minority, now.

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