I read in Engadget that Microsoft claims Android infringes on their patents. Of course they won’t say what, they just want money. Worse yet HTC has coughed up a license fee as they make both Windows and Android phones. I say boycott them all. This is utter bullflop. Microsoft already tried this with Linux with no success. This same approach was taken by SCO suing IBM over Linux with backing from Microsoft. They also wouldn’t say and as anti IBM pundits shrilly decried the end SCO rightly went the way of the dodo bird. The worst of all of this was when it was threatened that end users would be sued. SCO used this ploy.
Am I the only one who sees horrible irony here? A patent is a government granted monopoly. Microsoft is one of many companies to be sued for abusing a monopoly but the only one in the last century to brazenly ride it out to conviction. Shouldn’t some restriction on their monopoly activities been the result? In fact after they offered a “punishment” of providing software to schools, an actual lock in scheme, nobody can remember the slap on the hand they got. It was pathetic. Microsoft’s entire business model has been lock in from the time they inked the deal with IBM and sent Paul Allen to complete the purchase of an operating system knock off they didn’t develop.
This is just another example of what is wrong with patent law. The idea of patents was it was supposed to protect inventors so they could develop an idea and be rewarded for having developed it. Isn’t that what the free market is for? What I remember was years ago hearing the news that an Oregon billionaire had died leaving his money to his wife. What did he produce to make all that money? Hot air. He started in the 1950s reading popular mechanics and other magazines. Whenever a far off technology was talked about that we could not yet do he would file a patent. Then when those ideas finally came forward he would wait until they were very successful… then he would pounce and sue. When the web took off I was studying making web sites and found that someone had patented the electronic shopping cart and was extracting money from successful internet businesses. For years web developers were frustrated by GIF image files as they were the only way to offer transparency and small animations. The company who developed the compression algorithm had waited decades and now randomly picked web sites and charged $5,000. Ironically this was made worse by Microsoft dominating the browser market and taking over five years to implement alternatives. Monopolists don’t have to care, they get your money no matter how bad they are… sort of like bad government and taxes.
Patents are a nightmare. I would not say I am against all patents. I would say any patent application that could make it’s case in a public hearing that it cannot proceed without protection should be given fair hearing. However I think the concept of patents is probably as defective as Keynesian economics. Let’s look at some reasons why. The big kahuna of patent portfolios in tech is IBM. They have dozens of lawyers on staff and have spent millions of dollars on what amounts to the software equivalent of mutually assured destruction. If they went at it tooth and nail with Microsoft the net result would be world war in the tech industry, millions of losses, fabulously wealthy attorneys and worldwide economic impact. In short, pretty much nobody enforces these patents except in select and limited cases where they see specific advantage tactically. It’s less about the patent than business warfare. Why? Because virtually every piece of software you use probably violates some patent. Enforcing patent law is the most expensive form of the most expensive enterprise.
Of course the big argument for patents is pharmaceutical research. Interestingly most drugs are based on natural compounds which cannot be patented. The pharmaceutical industry will never offer a vitamin or herb remedy. Why? There simply isn’t the money in it that there is in getting a monopoly granted by the government. The real cost though is not developing the drugs, it’s the obscene hurdles the FDA places on it that insure that anything to do with medicine or drugs is so expensive only the most wealthy players can cross the finish line. I personally prefer natural medicine and resort to prescription drugs as a last resort while most doctors hand them out like candy. The question is whether this whole patent process has made things better by making expensive synthetics the only viable model. To my mind this has distorted the free market, not helped it.
But of course in the world of technology we have benefited from patents encouraging development, right? Let’s consider it. In the late 1960s several interesting things were happening. One of them was a few software engineers developing a new computer language called C which was then used to make the first portable operating system called Unix. The other was DARPA (Defense Advanced Research Projects Association) addressing concerns with telephones going down during a war. Telephones connected through exchanges making for point to point communications. DARPA had the idea you could make a more robust system by putting information into packets and telling it where to go, then it could traverse a web of exchanges to reach it’s destination and be assembled into a message. The idea was so radical that when AT&T engineers were exposed to it they said it was impossible. Yet by 1969 they succeeded. In the 1970s this was a private network developed by universities for possible governmental use. Berkley wanted to have Unix like abilities and created a clone called BSD. AT&T sued.
The key aspect to Unix and BSD was that computers have application software and hardware. Previous to the operating system idea each piece of software had to know specifics about every piece of hardware it interacted with. Operating systems originally were specific to their hardware. Unix ran everywhere. Creating openness was a boon. AT&T eventually lost their case and it was sealed. It must be interesting. BSD became the preferred web server on the university web and another AT&T engineer developed C++ to handle larger projects.
Fast forward into the 1980s as personal computers were taking off with the PC and Apple. IBM didn’t patent the PC and clone makers came in and drove the price down. Microsoft DOS was sold with every PC and competing companies like DR DOS were forced out, like when Microsoft came out with Windows where they made sure it didn’t run on top of any other DOS, before it became a monolithic product in Windows 95. If you wanted to get online in the 1980s you probably uses a BBS which was an electronic bulletin board. Companies sprang up to offer more services. First Compuserve ruled, then in the 1990s AOL passed them. The internet soldiered on as a university web with protocols for email, file transfer and the hot new Gopher protocol. However while building the supercolider in CERN they had a problem with sharing text. So they developed the Hyper Text Transport Protocol so that whatever computer you were running you could view text and click on links. You see it now in every web address as “http://”.
Al Gore once claimed to have invented the internet, but it was George Bush Sr who signed it into law so that everyone could access it. Something happened. Companies like Compuserve and AOL became access points to the web, the web took off and private internet service providers rose. BSD was the preferred web server but a new operating system kernel called Linux was being developed and took off. Scripting languages starting with Perl were running the web. Sun developed the Java language to take advantage of computing over the web. Microsoft was late to the game. You know much of the rest.
DARPA developed the TCP/IP transport protocol for packets of data over the internet. CERN developed HTTP. Berkley developed servers. Larry Wall developed Perl. All of this was free for anyone to use for any purpose, which is why everyone is using it. Amazon wrote a few lines of code and developed “One Click” purchasing in the 1990s and created a firestorm over patents. It would be like inventing the radiator cap and getting control over the auto industry because you were the only one who could sell it. Why did the intenet beat AOL? It was open. More importantly why is the Linux based server the most popular on the internet? BSD is licensed in such a way anyone can use it for anything. Microsoft was unable to write a TCP/IP stack that didn’t degenerate to garbage in a few months so they used the BSD stack. Works good doesn’t it? They alienated virtually every tech company. The clear alternative was Linux and the GNU tools. the reason was the GNU GPL license. Even though BSD was better Linux had a license that required distributed improvements to be shared. The operating system with GNU/Linux moved more toward a shared public utility. Google was built on inexpensive Linux networks. Tivo and other devices leveraged Linux. Android, using Linux and Java, is rapidly taking over phones, largely at the expense of Microsoft, and moving into tablets. Apple is beating Microsoft amazingly with devices and services, though it appeared dead 15 years ago. Slowly but surely the former giant of the computing industry is becoming as marginalized as they made IBM.
So we come back to the fundamental question of patents. Clearly the most remarkable impact in the last century has been the internet. It is the revolution of a printing press for every man. Yet every single stage of development of this technology was open. In fact much of the software development done today is done because people need it for a tool, not an end product. Linux qualifies for this and ironically if you have an Android or BlackBerry or other phone you have a device running Linux and Java. Microsoft can’t really sue Linux or Java because they already tried and failed. They could sue Google, but going after phone makers are an easy target. Why? It may be easier to give them money than risk them shutting down your business… You know, like Vinnie with the bruised knuckles in South Chicago worrying that something may happen if your business isn’t protected. Except of course this is done with the full force of law, millions of dollars to attorneys and and a government that has helped the little guy succeed and the consumer to be vastly enriched through the use of patents. And all we had to do was give up free markets for monopolies, higher prices and legal bullying.