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Timmerov's Blog
Sunday, July 07, 2013
  ip reform
i'm kinda big on the idea you don't get to rag on an idea unless you've got a better idea. on this very blog i have verbally abused the patent system. and the revisions thereto. okay, so here's the better idea by means of examples. george lucas walks into the office of intellectual property and copyrights. he declares he owns everything star wars. which he values at $20b. he pays a 1% fee and writes a $200m check annually. he owns star wars and can license derivative works to whomever for eleventy bajillion dollars. everyone's happy. the warner chappell music are in line next. they register the happy birthday song. it's worth $2m. they pay $20k. the public says wtf? that song was written 100+ years ago. it should be in the public domain. so we raise $2m on kickstarter. cut a check to wcm. and now the song is in the public domain. and anyone can perform it free of cost. my buddy wrote a book on poker. last year he declared it was worth $1000. so he wrote a $10 check. and sold precisely zero copies. this year he decides to save the $10. and now the book is in the public domain. rapper-g writes what's surely going to be a hit song. but he declares it worth $10k and writes a check for $100 cause he's broke. a record label buys the literal song for a figurative song. probably around $10k. is he screwed? sorta. course now he's got enough fame he shouldn't have a problem raising money to register is next hit song for its actual value. and really, if you've ever looked at the deal unproven artists get from the recording labels, rapper-g is way better off my way. i could walk in and claim i own star wars. and pay a $1 fee. then demand folks pay me royalties. clearly i don't because lucas filed first. the same idea applies to patents. with patents i'd go with first to file if you also reduce to practice within a year. and conversely, if you reduce to practice first, you have one year to make the ip claim. otherwise, it's public domain. and no you can't move things from the public domain back to the private. the ip office is to facilitate searches of previously claimed properties. ideally for free. they don't make any judgement about whether or not your filing has merit. they just collect the fees that fund the ip courts. which sort out who has rights and who doesn't. they could invalidate the troll's patent because of prior art. trolls are still in business though. the trick would be to set your own price low enough that the public buyout option is cheaper than legal fees. even if they're paid by the loser. i've already patented this idea. i've also set up an ip office. patent #1 is the ip office itself. registered by me for $1t. since i am the ip office. i paid the fee to myself. i'm gonna be so rich.
 




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