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Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

reply to Morac

Re: Holding companies are the problem....

said by Morac:

said by stufried:

The interesting thing is that most of us would agree on who a patent troll is if we posted the facts of a case.

I'm not sure about that. For example, every time a story comes up about TiVo suing a company, I inevitably see a bunch of responses that TiVo is a patent troll, despite the fact that TiVo manufacturers and sells products based on their patents.

To some people any company that sues over software patents is a patent troll.

The problem is should Tivo be allowed to fully own some of their features or just the specific software code that makes them happen. This is where the software patent issues come into play, If someone codes their own DVR should they have to pay a license fee for someone else's code that does the same thing but with a different internal process.
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports


Morac
Cat god

join:2001-08-30
Riverside, NJ
kudos:1
Reviews:
·Comcast

said by Kearnstd:

The problem is should Tivo be allowed to fully own some of their features or just the specific software code that makes them happen. This is where the software patent issues come into play, If someone codes their own DVR should they have to pay a license fee for someone else's code that does the same thing but with a different internal process.

That's how patents work. You can't patent ideas, only processes. Anyone is free to work around a patented process by coming up with a different process to accomplish the same thing.

The problem is when the patented processes are so ridiculous simplistic such that there is no way around said patent. Patents like those are supposed to be rejected as "obvious". Amazon's one click purchase patent comes to mind in this case.

TiVo's major patent (the timewarp one) does have a specifically process of separating the video and audio into separate files and time tagging both files to make seeking in them easier. Whether that could be considered "obvious" back in 1999 when it was filed is up to interpretation.
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