Small Fish, Big Pond

Talk about amazing prescience to coming events. Yesterday Mosspuppet ranted on the US Patent office’s asinine actions in granting Facebook a patent for “The Feed” and went on to talk about how it’s bad for business when companies make generalized patents to stifle competitor innovation (video below).

Today Apple filed suit with HTC for violating their patents.

If you’ve ever read the stream of patents that Apple constantly files it’s pretty obvious what is going on. Apple is basically working to patent every idea they have, in most cases things that they have never done and never will do. Just whatever random ideas they have that sound like good ideas. While I think putting patents on your creations is a good idea I think it’s a real dick move to patent an idea you never actually created. Then when somebody come a along and makes that idea a reality you shouldn’t be allowed to take them to court for innovating and creating something never existed.

Abstract idea patents in themselves are pretty bad to begin with; if it doesn’t exist you shouldn’t be allowed to patent it. The “we may do it someday.” argument doesn’t work. I dreamed of airplanes that flew into space full of passengers when I was 5; I shouldn’t be allowed to patent the idea so I could sue Virgin Galactic now.

There’s also the idea of putting a patent on something that is s basic many people have the same idea. Here’s some of the Apple ones involved in the HTC issue from the excellent breakdown at Engadget.

- Patent 7,362,331: Patents transition effect of opening or closing a window in a browser when it moves at a non-linear speed. Most modern browsers do this.
- Patent 7,469,381: Patents the effect of scrolling to the end of a list and having it snap back to the end with a little elastic bounce.
- Patent 5,920,726: Patents controlling the power usage of a device component to save battery power. Every hand-held device in the world does this.
- Patent 5,929,852: I believe this patents using an application to access an online database like most iPhones apps, all Google resources, and many desktop apps developed in the 90’s onward.

One famous Apple patent is the idea of “Multi-touch”; interacting with a screen with more than one input is a basic idea and one that existed before Apple popularized it. But Apple has the patent, and now that more devices have it they want their cut of the income others are making with this basic idea.

In fact one commenter on Engadget pointed out that Apple held off suing other companies using multi-touch for years until they had all established it as a common use and made loads of money off it so as to maximize Apple’s gain when they finally lashed out with their lawyer armies.

In the end all I have to say is that I agree with Walt Mosspuppet. It’s stupid to grant these vague patents and detestable for companies to use them as clubs to beat on competitors that are innovating in the market.

Apple isn’t doing this out of fairness, they’re not doing this because they’re losing money, and they’re not doing this to improve the market for their consumers. It is a purely selfish move to solidify their market lead, and leach money from the companies struggling to compete. And the people who suffer most are the consumers, the innovation in technology, and the free market itself.