Gene Cavanaugh 's Techdirt Comments

Latest Comments (889) comment rss

  • On the post: Unconditionally Bad Patent Results

    Gene Cavanaugh ( profile ), 12 Mar, 2009 @ 09:18pm

    Troll Patents

    Excellent article, until we got to the last line.
    This "defense" has been used in trade secrets; and the result is that if one is accused of infringement, one simply comes up with documents that show the work is "independent". It has pretty much killed trade secrets (except for mammoth companies with huge campaign contributions; Coca Cola comes to mind).
    The patent system is in massive disrepair because of the potential for campaign funds from the abusers, and the brain-dead requirement that the service pay for itself with fees - but "knee-jerk" fixes would only make things worse. What we need is intelligent reform (in both the above areas).

  • On the post: Unconditionally Bad Patent Results

    Gene Cavanaugh ( profile ), 12 Mar, 2009 @ 09:12pm

    Troll Patents

  • On the post: Yet Another Study Shows How Patents Create Suboptimal Innovation

    Gene Cavanaugh ( profile ), 07 Mar, 2009 @ 03:42pm

    Patenting again

    Two comments:
    1. Pegging again - it's as if, when someone runs over a child, we should ban cars!!
    2. AS THEY PRESENTLY EXIST; patents tend to be bad - in fact, I would argue they are putting us behind the rest of the world in innovation, and will eventually create a MAJOR problem for us - as they could be implemented, they are very useful, and "promote the arts and sciences" as the founders felt they would.
    WE AREN'T THERE YET; but we could be with the right changes.

  • On the post: Nestle Sues Company That Came Up A Product 15 Years Before Nestle Patented It…

    Gene Cavanaugh ( profile ), 07 Mar, 2009 @ 03:22pm

    Nestle abusing the patent process

    Hmmm! Somehow we got into the fantasy that patent attorneys on this site are saying the PRESENT patent system "somehow" protects small inventors from big business - haven't seen any comments like that; don't agree with it.
    Speaking for myself, as a patent attorney, I am saying the PRESENT patent system is bad; that the patent system should promote the arts, and that means protecting small inventors from big business; and to do that we need to get Congress off the big business campaign funding "feed trough" with campaign finance reform.
    In the meantime, we need to promote small entity (also called "Jepson" patenting), promote first to file, and promote some scheme for making the USPTO more responsive to prior art (preferably before a patent is granted).
    A first step would be to stop the ridiculous business model we have now - the USPTO supports itself with fees, but "needs" to tell the people who give them the largest fees (big business) they don't want to be paid!!!
    The USPTO should be independently funded by the government; that is, if we really do want an independent USPTO!
    I suspect, though, that Congress will continue selling out to big business, and big business will continue to be the money behind the USPTO, because "that means no new taxes!", ignoring the fact that the equivalent in "new taxes" would be MUCH less expensive!
    BEAM ME UP, SCOTTY, THERE'S NO INTELLIGENT LIFE HERE!

  • On the post: SF Pizzeria Puts 1-Star Yelp Reviews On Its T-Shirts

    Gene Cavanaugh ( profile ), 06 Mar, 2009 @ 04:06pm

    1 star reviews

    Right on, Michael!

    Some time ago, some friends panned a local restaurant. The way they saw it, that restaurant had no redeeming features at all.
    We had never thought of trying it, but we then made a small purchase (to see what they were talking about for ourselves), then a larger purchase - and until we moved, that was our favorite restaurant.
    Had we not heard "how bad" it was, I doubt we would ever have tried it.

  • On the post: Finland Agrees To Let Companies Spy On Workers

    Gene Cavanaugh ( profile ), 06 Mar, 2009 @ 03:58pm

    Eavesdropping on employees

    Being in the middle is difficult.
    I feel companies own their equipment, and it is just as reasonable to know what employees are doing with the phone system and email as with a company car.
    However, I would draw the line with non-company equipment. I was once in a company that "inadvertently" made it difficult for an employee to use their personal cell phone; that, to me, is a no-no; and from what I understand of Constitutional law, could be actionable.
    So, use your cell phone, and if that is monitored or blocked, "Houston, we have a problem!".

  • On the post: Group Reveals There Are Ways To Fight Child Porn Other Than Useless Web Filters

    Gene Cavanaugh ( profile ), 06 Mar, 2009 @ 03:53pm

    Child porn

    1. Totally agree with Mike.
    2. Additionally, even though I am a patent attorney, I have always been a history buff and a Constitutional law buff. I am always concerned about limiting access, since, "who decides"? If we have limits, but we are not EXTREMELY careful about "who decides", we move in the same direction as Nazi Germany - don't want to go there.

  • On the post: Patent Reform Bill Reintroduced; More Of The Same

    Gene Cavanaugh ( profile ), 05 Mar, 2009 @ 11:41am

    Patent Reform

    We are now the only country in the world that clings to the outmoded "first to invent" concept (basically, it says you can hold on to an idea until someone makes something valuable of it, and then steal it from them - very bad for the economy!).
    First to file is the way to go.
    Will it decrease my income as a patent attorney? Yes.
    Will it be good for the country? Yes.
    So, do I support my country at my own expense? Yes. I happen to believe in our way of life, and "first to invent" is not the way to preserve it.

  • On the post: The Brain Drain: US Is Losing Immigrants Who Create The Jobs We Need

    Gene Cavanaugh ( profile ), 05 Mar, 2009 @ 11:36am

    Brain drain

    Excellent article, but it isn't that simple - pegging on an extreme, as usual, doesn't work, even if it appeals to readers.

    I know of cases where companies deliberately discriminated against Americans (in one case, the American was definitely better skilled, but the Chinese immigrant who replaced him made $1000 per month versus his $6000 per month, and was almost as able - was money involved? DUH!).

    On the other hand, with care, immigrant workers are a good thing; but having them return to their countries to increase the wealth of the overall world community is good, too.

    Like almost everything, there are no simple answers, though there are a lot "experts" - an expert is someone who "doesn't know what he doesn't know", BTW.

  • On the post: Making Credit-Card Payments More Secure By Making Breaches More Expensive

    Gene Cavanaugh ( profile ), 05 Mar, 2009 @ 11:16am

    Credit card problems

    While I basically agree, I don't agree.

    If a foodstuff poses a hazard, even a very long possible risk, such as "it might cause cancer", we have the FDA proactively checking them out, visiting, taking samples, etc. (well, before Bush savaged their budget, anyway).

    Losing all your money, etc., is a FAR greater health risk, in many cases, but we talk about relatively weak, ineffectual methods, even "voluntary" compliance.

    Why not an FDA-like agency to put some teeth in this (after we undo the damage to the FDA done by Bush and Cheney)?

  • On the post: Making Credit-Card Payments More Secure By Making Breaches More Expensive

    Gene Cavanaugh ( profile ), 05 Mar, 2009 @ 11:16am

    Credit card problems

    While I basically agree, I don't agree.

    If a foodstuff poses a hazard, even a very long possible risk, such as "it might cause cancer", we have the FDA proactively checking them out, visiting, taking samples, etc. (well, before Bush savaged their budget, anyway).

    Losing all your money, etc., is a FAR greater health risk, in many cases, but we talk about relatively weak, ineffectual methods, even "voluntary" compliance.

    Why not an FDA-like agency to put some teeth in this (after we undo the damage to the FDA done by Bush and Cheney)?

  • On the post: The Stimulus Package Appears To Be Stimulating Scammers…

    Gene Cavanaugh ( profile ), 05 Mar, 2009 @ 11:07am

    Stimulus scams

    Right on.

    I am of two minds on this, though.

    1. I hate to see people taken advantage of, but
    2. beyond a certain point, wouldn't it be better to take the money away from the brain-dead? I am not entirely kidding, here! Money in the hands of the truly naive can be dangerous!

  • On the post: No Surprise Here: Lost Votes In Last Election Due To Faulty Diebold Equipment

    Gene Cavanaugh ( profile ), 05 Mar, 2009 @ 10:52am

    Diebold machines

    Actually, I am an Election Officer, and in my precinct we used the machines only if someone requested them (and no one did).

  • On the post: Bilski Continues To Cause Software Patents To Get Rejected

    Gene Cavanaugh ( profile ), 05 Mar, 2009 @ 10:49am

    Bilski case

    Right on, Michael!
    But your article also makes me feel good about the USPTO. Even though they depend on fees from filing to pay their own way (and as you have pointed out, a business model that pisses off your "customers" seems like a bad one) they have people who really care enough about their country to at least try to stop bad patents (thereby losing business for themselves).
    Of course, when the USPTO makes a real attempt, Congress (and the lobbyist who own them) step in - they fired Lehman for that (supposedly because he was gay, but the real reason was he wanted the USPTO to uphold the Constitution, and big business told Congress to get rid of him.
    Oh! How we need campaign finance reform!

  • On the post: Why Do We Assume No One Is Fixing The Financial Crisis?

    Gene Cavanaugh ( profile ), 05 Mar, 2009 @ 10:38am

    Fixing the economy

    Excellent article, Michael. However, it is not that simple. We had a long period of extravagantly "good" times, where many people got "fat and lazy", followed by a cowboy "bring it on" era where bullying, arguably illegal behavior was encouraged. I know personally of lawyers, realtors, etc., who victimize their clients "because everyone does it".
    So, for the good people in our economy (and there are a lot of them), yes, they will lead the recovery. For the parasites (and if you look, they are increasing at an alarming rate - and I don't mean just invading countries for their oil) we can expect they will continue to drag us down until we swat them down.

  • On the post: Reports of News's Death Are Greatly Exaggerated

    Gene Cavanaugh ( profile ), 03 Mar, 2009 @ 10:20am

    Wire Services

    Monopolies are always more "efficient" than unfettered capitalism.
    So if we don't mind someone like Ted Turner controlling what we hear in the news, and thereby controlling what we think, I agree; otherwise, no.

    Monopolies are good in some areas; health care, police, and so forth. I don't think they are good in news gathering, though.

  • On the post: Time To Scrap All Music Industry Licensing Schemes

    Gene Cavanaugh ( profile ), 03 Mar, 2009 @ 10:15am

    Copyright

    Even the best of us sometimes overlook the obvious:

    Copyright, industry style = big money.
    Big money = campaign funds.
    Campaign funds = votes for copyright "rights".

    Without campaign finance reform, you are wasting your breath.

  • On the post: What Dying Business Has Survived By Raising Prices On An Inferior Product?

    Gene Cavanaugh ( profile ), 03 Mar, 2009 @ 10:05am

    Newspapers and their business models

    You commented:

    That seems unlikely. Jeff Jarvis points out an excellent point raised by John Thornton concerning the decision to charge: can you name a single dying business who raised prices and survived?

    Well, yes; though it hardly applies here, so I basically agree, even though I disagree.

    When I was studying economics many years ago, we saw how, at one time, a whiskey brand (Jack Daniels, I believe) had such low sales on one type of whiskey that they raised the price very high, hoping that they might recover a little money.

    Sales zoomed. It seems that before it was seen as a cheap, undesirable whiskey; it now appeared to be an expensive, highly prized whiskey.

    I assume if a newspaper (such as the NY Times) could somehow turn on that "snob appeal" it might work for them.

  • On the post: Why Piracy Is Not Actually A Problem For The Music Industry

    Gene Cavanaugh ( profile ), 28 Feb, 2009 @ 10:42pm

    Entertainment Industry AGAIN???

    Totally agree, but there is too much focus on that industry. Your insights are very good, and the investigation you do is obviously very thorough, but too much of it is on this industry - there are other areas where the insights would be more useful.

  • On the post: Appeals Court Allows 'Classified, But Leaked' Evidence To Be Used In Warrantless Wiretap Case

    Gene Cavanaugh ( profile ), 28 Feb, 2009 @ 10:38pm

    Case on warrantless wiretapping

    Right on, Michael! I totally agree with you!
    I will point out, though, that the GOP is still able to gum things up if Obama "pulls a W" and ignores the other side.
    I wonder how much of the administration continuing the case is an accommodation of radical Republicans (assuming there are moderate Republicans - well, maybe McCain).
    If the answer is that this is what Obama wants, we have been betrayed; but I don't think that is the case.

Next >>