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	<title>Comments on: Goodbye to Most Business Method &amp; Software Patents?</title>
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	<link>http://techliberation.com/2008/10/30/goodbye-to-most-business-method-software-patents/</link>
	<description>Keeping politicians&#039; hands off the Net &#38; everything else related to technology</description>
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		<title>By: business method patents - StartTags.com</title>
		<link>http://techliberation.com/2008/10/30/goodbye-to-most-business-method-software-patents/comment-page-1/#comment-66056</link>
		<dc:creator>business method patents - StartTags.com</dc:creator>
		<pubDate>Tue, 26 Jan 2010 04:57:34 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/?p=13692#comment-66056</guid>
		<description>[...] back in 1998. What the CAFC gave in 1998, it appears to have taken back today in large measure. ...Goodbye to Most Business Method &amp; Software Patents ...In other words, pure software or business method patents that are neither tied to a specific machine [...]</description>
		<content:encoded><![CDATA[<p>[...] back in 1998. What the CAFC gave in 1998, it appears to have taken back today in large measure. &#8230;Goodbye to Most Business Method &amp; Software Patents &#8230;In other words, pure software or business method patents that are neither tied to a specific machine [...]</p>
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		<title>By: JAmes</title>
		<link>http://techliberation.com/2008/10/30/goodbye-to-most-business-method-software-patents/comment-page-1/#comment-64951</link>
		<dc:creator>JAmes</dc:creator>
		<pubDate>Thu, 06 Nov 2008 02:37:51 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/?p=13692#comment-64951</guid>
		<description>I had a patent pending in 19 countries - but it failed after 5 years</description>
		<content:encoded><![CDATA[<p>I had a patent pending in 19 countries &#8211; but it failed after 5 years</p>
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		<title>By: JAmes</title>
		<link>http://techliberation.com/2008/10/30/goodbye-to-most-business-method-software-patents/comment-page-1/#comment-62159</link>
		<dc:creator>JAmes</dc:creator>
		<pubDate>Wed, 05 Nov 2008 22:37:51 +0000</pubDate>
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		<description>I had a patent pending in 19 countries - but it failed after 5 years</description>
		<content:encoded><![CDATA[<p>I had a patent pending in 19 countries &#8211; but it failed after 5 years</p>
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	<item>
		<title>By: JAmes</title>
		<link>http://techliberation.com/2008/10/30/goodbye-to-most-business-method-software-patents/comment-page-1/#comment-56556</link>
		<dc:creator>JAmes</dc:creator>
		<pubDate>Wed, 05 Nov 2008 21:37:51 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/?p=13692#comment-56556</guid>
		<description>I had a patent pending in 19 countries - but it failed after 5 years</description>
		<content:encoded><![CDATA[<p>I had a patent pending in 19 countries &#8211; but it failed after 5 years</p>
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		<title>By: Don Marti</title>
		<link>http://techliberation.com/2008/10/30/goodbye-to-most-business-method-software-patents/comment-page-1/#comment-56501</link>
		<dc:creator>Don Marti</dc:creator>
		<pubDate>Fri, 31 Oct 2008 20:18:11 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/?p=13692#comment-56501</guid>
		<description>Patents give the holder the right to attack independent innovation.  If I write a program that does the same thing as an earlier copyrighted program, without copying it, the copyright holder doesn&#039;t have an infringement case against me.  If I implement a patented technique, even if I had never heard of the patent, I can get shut down for infringement.</description>
		<content:encoded><![CDATA[<p>Patents give the holder the right to attack independent innovation.  If I write a program that does the same thing as an earlier copyrighted program, without copying it, the copyright holder doesn&#39;t have an infringement case against me.  If I implement a patented technique, even if I had never heard of the patent, I can get shut down for infringement.</p>
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		<title>By: Steve R.</title>
		<link>http://techliberation.com/2008/10/30/goodbye-to-most-business-method-software-patents/comment-page-1/#comment-56496</link>
		<dc:creator>Steve R.</dc:creator>
		<pubDate>Fri, 31 Oct 2008 13:29:40 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/?p=13692#comment-56496</guid>
		<description>Hopefully, the pendulum is swinging back to rationality. An inconvenient truth that has not received the public spotlight that it deserves:  is that those who advocate so-called intellectual property have been aggrandizing their so-called property right. at the expense of the public domain. The public perception, unfortunately, has been that the advocates of so-called intellectual property have been protecting a private property right.  This property right does not really exist.&lt;br&gt;&lt;br&gt;&lt;a href= &quot;http://www.patentlyo.com/patent/&quot;&gt;Pantently-O&lt;/a&gt; writes &lt;i&gt;&quot;In Dissent, Judge Mayer thought the decision did not go far enough: &quot;Affording patent protection to business methods lacks constitutional and statutory support, serves to hinder rather than promote innovation and usurps that which rightfully belongs in the public domain.&quot; Citing work by Professors Dreyfuss and Pollack, Mayer argues that business method patents have the overall effect of stifling innovation by restricting competition.&quot;&lt;/i&gt;&lt;br&gt;&lt;br&gt;&lt;a href=&quot;http://www.techdirt.com/articles/20080728/0236131808.shtml&quot;&gt;TechDirt&lt;/a&gt; had an article &lt;i&gt;&quot;CAFC Judge Regrets Decisions That Resulted In Software Patents&quot;&lt;i&gt; In terms of unintended consequences Greenspan referring to the financial crisis is quoted by the NY Times as saying &lt;i&gt;&quot;humbled Mr. Greenspan admitted that he had put too much faith in the self-correcting power of free markets and had failed to anticipate the self-destructive power of wanton mortgage lending.&quot; &lt;/i&gt; Unlimited patentability would have unintended self-destructive consequence of stifling free enterprise. &lt;br&gt;&lt;br&gt;&lt;a href=&quot;http://www.techdirt.com/articles/20081007/2343492487.shtml&quot;&gt;TechDirt&lt;/a&gt; also writes: &lt;i&gt;&quot;Nobel Prize Winning Physicist Explains How Intellectual Property Damages Innovation&quot;&lt;/i&gt; While no one likes to deprive anyone of an income, there is a point where unfettered greed is destructive to society. Patents and copyright were never meant to guarantee anyone an unlimited income.  They are meant to foster innovation by providing a &lt;b&gt;limited&lt;/b&gt; benefit to the creator and to provide society with a benefit too.  We need to return to that concept.&lt;/i&gt;&lt;/i&gt;</description>
		<content:encoded><![CDATA[<p>Hopefully, the pendulum is swinging back to rationality. An inconvenient truth that has not received the public spotlight that it deserves:  is that those who advocate so-called intellectual property have been aggrandizing their so-called property right. at the expense of the public domain. The public perception, unfortunately, has been that the advocates of so-called intellectual property have been protecting a private property right.  This property right does not really exist.</p>
<p><a href= "http://www.patentlyo.com/patent/">Pantently-O</a> writes <i>&#8220;In Dissent, Judge Mayer thought the decision did not go far enough: &#8220;Affording patent protection to business methods lacks constitutional and statutory support, serves to hinder rather than promote innovation and usurps that which rightfully belongs in the public domain.&#8221; Citing work by Professors Dreyfuss and Pollack, Mayer argues that business method patents have the overall effect of stifling innovation by restricting competition.&#8221;</i></p>
<p><a href="http://www.techdirt.com/articles/20080728/0236131808.shtml">TechDirt</a> had an article <i>&#8220;CAFC Judge Regrets Decisions That Resulted In Software Patents&#8221;</i><i> In terms of unintended consequences Greenspan referring to the financial crisis is quoted by the NY Times as saying </i><i>&#8220;humbled Mr. Greenspan admitted that he had put too much faith in the self-correcting power of free markets and had failed to anticipate the self-destructive power of wanton mortgage lending.&#8221; </i> Unlimited patentability would have unintended self-destructive consequence of stifling free enterprise. </p>
<p><a href="http://www.techdirt.com/articles/20081007/2343492487.shtml">TechDirt</a> also writes: <i>&#8220;Nobel Prize Winning Physicist Explains How Intellectual Property Damages Innovation&#8221;</i> While no one likes to deprive anyone of an income, there is a point where unfettered greed is destructive to society. Patents and copyright were never meant to guarantee anyone an unlimited income.  They are meant to foster innovation by providing a <b>limited</b> benefit to the creator and to provide society with a benefit too.  We need to return to that concept.</p>
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		<title>By: Bob</title>
		<link>http://techliberation.com/2008/10/30/goodbye-to-most-business-method-software-patents/comment-page-1/#comment-56495</link>
		<dc:creator>Bob</dc:creator>
		<pubDate>Fri, 31 Oct 2008 12:17:30 +0000</pubDate>
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		<description>OK, copyrights do not seem to be affected by this - what does patent protection provided that copyright protection does not?&lt;br&gt;&lt;br&gt;BobL&lt;br&gt;Chicago</description>
		<content:encoded><![CDATA[<p>OK, copyrights do not seem to be affected by this &#8211; what does patent protection provided that copyright protection does not?</p>
<p>BobL<br />Chicago</p>
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		<title>By: Richard Bennett</title>
		<link>http://techliberation.com/2008/10/30/goodbye-to-most-business-method-software-patents/comment-page-1/#comment-56494</link>
		<dc:creator>Richard Bennett</dc:creator>
		<pubDate>Fri, 31 Oct 2008 10:58:42 +0000</pubDate>
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		<description>I doubt this ruling is nearly as significant as the populist press imagines it to be.</description>
		<content:encoded><![CDATA[<p>I doubt this ruling is nearly as significant as the populist press imagines it to be.</p>
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