> Imagine if someone discovered and invented a principle and device for unlimited cheap source of energy.
First of all, this imaginary genius could still choose to not disclose his innovation. Patents are optional. Take for instance the Coca Cola recipe. Its kept as a trade secret [1]. But consumers can still choose to drink Pepsi and co. instead.
Second, I doubt a case like this, an truly important innovation that only one person will come up with, has ever occurred or will ever occur. If you look at the history of science and innovation, there is apparently always multiple people or groups working independently on the very same innovation. Famous examples are the first piloted flight [2] or the discovery of calculus [3].
For me this is the strongest case against, today's, patent law. We overstate the importance of the supposed single genius that humanity depends on. And yes, I question the the basis for any monopoly.
In the Apple vs Samsung case though, it was _also_ about consumer confusion. Samsung did not only use Apples innovation like pinch-to-zoom, which in my opinion should be fine, but tried to fool buyers into thinking that they got an iPhone by copying Apple's look and feel.
You could say, that any idiot would see the difference. There is no Apple logo or iPhone label on Samsung products. But, I argue, thats just our geeky perspective. My grand parents or even parents wouldn't be able to tell the difference, unless I write them a note with 'A P P L E' on it.
I could live happily with this problem, but I can agree that this is a grey area.
You're exactly right - unless I tell the older folk "it's from Apple.. You know, the iPod company", they're not going to know. And when the iPod came out, it's was similar "it's called an iPod and Apple, you know, they made the Macintosh about 20 years ago, they made this. You can put 1000 songs on it..".
If this 'education' is not performed, then they'll never know. I've seen it with my own eyes.
First of all, this imaginary genius could still choose to not disclose his innovation. Patents are optional. Take for instance the Coca Cola recipe. Its kept as a trade secret [1]. But consumers can still choose to drink Pepsi and co. instead.
Second, I doubt a case like this, an truly important innovation that only one person will come up with, has ever occurred or will ever occur. If you look at the history of science and innovation, there is apparently always multiple people or groups working independently on the very same innovation. Famous examples are the first piloted flight [2] or the discovery of calculus [3].
For me this is the strongest case against, today's, patent law. We overstate the importance of the supposed single genius that humanity depends on. And yes, I question the the basis for any monopoly.
In the Apple vs Samsung case though, it was _also_ about consumer confusion. Samsung did not only use Apples innovation like pinch-to-zoom, which in my opinion should be fine, but tried to fool buyers into thinking that they got an iPhone by copying Apple's look and feel. You could say, that any idiot would see the difference. There is no Apple logo or iPhone label on Samsung products. But, I argue, thats just our geeky perspective. My grand parents or even parents wouldn't be able to tell the difference, unless I write them a note with 'A P P L E' on it. I could live happily with this problem, but I can agree that this is a grey area.
[1] http://en.wikipedia.org/wiki/Coca-Cola_formula [2] http://en.wikipedia.org/wiki/List_of_early_flying_machines#C... [3] http://en.wikipedia.org/wiki/Calculus#History