Comment Re:Wrong (Score 1) 321
I'll dispense of the block quotes this time.
First small inventors are not without options. They are encouraged by the system to market and sell (or lease) their rights to larger groups that have the money to defend them and the resources to bring them to market. No matter what system you are for, this will always be the case.
The cease and desist letters are not end alls. They are routinely ignored. Mostly they are a tool of the law. Firms have an obligation to warn any potential infringers of their infringment as soon as possible to ensure maximum settlement. That average readers think they carry any actual weight is a product of not informing themselves or hiring someone who is more informed to represent them.
As for Nakamura. He was not working alone is some garage. He was part of a large team of engineers refining LEDs. That he personally was not rewarded is not really a concern for me. Even had he not won the case in Japan, he still would have recieved the cushy professorship and speaking engagements. Bright inventors will always be rewarded for their contributions if they are equally adept at the business side of the transaction.
The company, on the other hand, had been pursing LED tech for some time before and after Nakamura. They continue to lead in R&D in that field, precisely because of the royalties they have earned because of their earlier research. This was the goal of our forefathers. The system is designed to encourage "good" research and direct resources to those firms that perform good research. Nichia, because of thier success has been aforded the ability to gain further success. By the way, US law is different than Japanese IP Law in that companies cannot file for patents. We actually afford greater protection to people like Nakamura.
Capitalism relies on the idea of property. You have to materialize any thing of value so it can be traded and protected. This includes inventive concepts. Patents (limited monopolies) are a way of materializing intellectual properties and thus are solely a product of expanding capatalism. Socialist want an equal playing field at all times and the sharing of resources. Pushing all intellectual pursuits into the public realm allows for this but is certainly not capatalistic.
As for the snipe about lawyers making money for thier work, I certainly hope they do. The more money they make, the better minds we can encourage into that field, and the better our patent system will work.
First small inventors are not without options. They are encouraged by the system to market and sell (or lease) their rights to larger groups that have the money to defend them and the resources to bring them to market. No matter what system you are for, this will always be the case.
The cease and desist letters are not end alls. They are routinely ignored. Mostly they are a tool of the law. Firms have an obligation to warn any potential infringers of their infringment as soon as possible to ensure maximum settlement. That average readers think they carry any actual weight is a product of not informing themselves or hiring someone who is more informed to represent them.
As for Nakamura. He was not working alone is some garage. He was part of a large team of engineers refining LEDs. That he personally was not rewarded is not really a concern for me. Even had he not won the case in Japan, he still would have recieved the cushy professorship and speaking engagements. Bright inventors will always be rewarded for their contributions if they are equally adept at the business side of the transaction.
The company, on the other hand, had been pursing LED tech for some time before and after Nakamura. They continue to lead in R&D in that field, precisely because of the royalties they have earned because of their earlier research. This was the goal of our forefathers. The system is designed to encourage "good" research and direct resources to those firms that perform good research. Nichia, because of thier success has been aforded the ability to gain further success. By the way, US law is different than Japanese IP Law in that companies cannot file for patents. We actually afford greater protection to people like Nakamura.
Capitalism relies on the idea of property. You have to materialize any thing of value so it can be traded and protected. This includes inventive concepts. Patents (limited monopolies) are a way of materializing intellectual properties and thus are solely a product of expanding capatalism. Socialist want an equal playing field at all times and the sharing of resources. Pushing all intellectual pursuits into the public realm allows for this but is certainly not capatalistic.
As for the snipe about lawyers making money for thier work, I certainly hope they do. The more money they make, the better minds we can encourage into that field, and the better our patent system will work.
