I have to admit, as a former Apple intern and a future Apple employee, I'm in a tough spot. I'm very loyal to Apple, because I had a great experience there and really respect the products they make. However, I can't say I approve of the many, many lawsuits they're involved in. Certainly, they feel wronged by these other companies. Whether they're right or not, I'm not sure. You'd have to take it on a case-by-case basis, and there are so many cases I haven't the information to forming an opinion on each one. But for a funny story on what Scott Forstall really thinks of Android, come talk to me in private sometime :) But obviously, Apple's not the only company tied up in the patent wars.
In the end, there are just too many problems with the patent system. So many people want information tio be liberated, and to be done with the patent system altogether. I don't think that's necessarily a good idea. We need something to protect the small guys from the big guys. If I go start a company and start selling some cool new product or invention, what's to stop some large company from taking my idea and stomping all over me, selling my product for less than I can and running me out of business. And let's say someday I did become big. Does that mean I lose all protection from any further innovations I create? As in other large companies are free to take my product and make it an essentially worthless product, selling it for cost just so I don't get the profits? Or maybe some little guy has some contacts in China that can make essentially the same product (though a crappier version), but sell it for a quarter my price. What protections should I be afforded then?
Some people might say that if other companies can draw customers away from you with a twin product, that's just how the market works. Others want protection and rights to their own inventions. Patent laws, copyright laws, etc, are complicated, so going into them here is pointless. Even if other companies violate patents, enforcing patents is messy (hence the fun image at the beginning of the post). The best answer I have seen to the problem is continued innovation. I learned this best while I was working as a software engineering intern at Qualtrics. They have several copy-cat competitors, but instead of whining about it and calling foul, they simply continue to innovate, bring more new and awesome features to the table, and always striving to innovate ahead of the competition. I think their client page is a testament to the great job they're doing.
So maybe that's the best answer. We still need to design the system to protect against big company bullies, but if companies relied on continued innovation to justify their existence, and left their copycats in the dust, it would be a great start. Competition in the same market-space is always great for the consumer because it drives prices down and brings innovation out. And that's how companies in America and America itself will continue to succeed: by bringing the best ideas to the table and letting the market respond.
So, as the inspiration for this post, I demand 10 cents per page view.
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