"One way to look at innovation and progress is that all inventions must eventually become a commodity"
Yeah. They do. Patented inventions become a commodity in 14-20 years, depending on the kind of patent.
"Here we see Apple (and to a lesser extent, MS, RIM and other parties) actively fighting this process."
Call me crazy, but I think we're seeing Apple using the process to defend their inventions, which is exactly what the system was set up to do.
Patents aren't intended to ensure that consumers have rock-bottom prices on the latest consumer gadgets; they're intended to provide inventors with incentives to produce non-trivial inventions, by granting them temporary monopolies on their ideas. To argue that Apple (and Microsoft, et al.) are wrong because they're artificially inflating prices on their patented products is to miss the entire point of the debate.
The system was set up to foster innovation, not grant free monopolies willy nilly. I've yet to read any convincing argument about how this verdict will lead to more innovation, but there's a very clear way to see how it could lead to less. I find it very hard to believe that had Apple not been granted these patents, or if the patents had a much more appropriate 12-18month validity period, they would not have shipped the iPhone and forgone the massive revenue and profit stream.
More broadly, I often see people decrying that the poor have access to LCD TVs, ACs or decent smartphones, with the point being that they should stop being so demanding. But this is exactly what technological progress looks like - innovations which are expensive and exclusive are useful demos, but they don't become world-changers until they become widespread.
So yes, the patent system should ensure that consumers have rock-bottom prices on the latest gadgets, and any other technology. Otherwise, it is simply stifling innnovation.
"The system was set up to foster innovation, not grant free monopolies willy nilly. I've yet to read any convincing argument about how this verdict will lead to more innovation, but there's a very clear way to see how it could lead to less."
The patent system does not grant patents "willy nilly". Whether you agree with the outcome or not, there is a (rather lengthy) review process, and it was followed. And if the verdict is consistent with the patent laws, then your objection to the case is irrelevant -- your proper complaint is with the system, not the actor.
"I find it very hard to believe that had Apple not been granted these patents, or if the patents had a much more appropriate 12-18month validity period, they would not have shipped the iPhone and forgone the massive revenue and profit stream."
Again, you have complaints about the patent system, and I empathize. I don't like many aspects of the system, either. But I also don't begrudge Apple for acting rationally within the rules established by the system.
In this case, in particular, I believe that the patent system is being used in a legitimate way, to protect a company that has made some true marketplace innovations. It's decidedly sub-optimal that Apple has to resort to patents on rubber-band scrolling to protect something as core to their business model as "look and feel", but that's the system that we have. I don't think it's fair to make Apple a villain (and Samsung a hero) just because the laws are flawed.
Said another way: don't hate the player, hate the game.
The player is playing the kind of game where everybody loses. But there is a way to make everyone win: act like Google has been acting up to now. Every big actor should build up a protective pile of abusive patents (it's so easy nowadays) and threaten anyone that might sue them of counter-suing.
It's just like the Cold war: nuclear weapons were a reality, so everyone got lots of it and mutual assured destruction ensured nothing too bad could happen.
Now Apple decided to play an all-in against its main competitor to establish monopoly by using its abusive patent against someone they knew could counter-sue. And now, instead of discouraging that kind of practice and realizing the perversion of the patent system, the jury decided to encourage them.
In other words: this player chose to play a disgusting game. I think we can hate both the player and the game.
I think it's only disgusting because it's a very visible case, and affects consumers directly. There are probably hundreds of patent wars that happen in the enterprise space that nobody reads about because nobody would understand even if they read it. Those wars would be equally disgusting wouldn't it? I feel like we're only allowed to hate the game if the game provides everyone with the same tools.
The patent office explicitly leans upon the court system to validate its decisions. It doesn't do thorough content and substance reviews, it does procedural reviews. For a jury to trust blindly in a patent decision is fallacy, just as much trusting blindly in one sides lawyer.
Call me crazy, but I think we're seeing Apple using the process to defend their inventions, which is exactly what the system was set up to do.
What exactly are they defending their "inventions" from? Other companies making competing products seems to be the biggest thing.
Patents aren't intended to ensure that consumers have rock-bottom prices on the latest consumer gadgets; they're intended to provide inventors with incentives to produce non-trivial inventions, by granting them temporary monopolies on their ideas.
Apple is an extremely successful business. What other incentives are necessary for companies like Apple to want to innovate?
Yeah. They do. Patented inventions become a commodity in 14-20 years, depending on the kind of patent.
"Here we see Apple (and to a lesser extent, MS, RIM and other parties) actively fighting this process."
Call me crazy, but I think we're seeing Apple using the process to defend their inventions, which is exactly what the system was set up to do.
Patents aren't intended to ensure that consumers have rock-bottom prices on the latest consumer gadgets; they're intended to provide inventors with incentives to produce non-trivial inventions, by granting them temporary monopolies on their ideas. To argue that Apple (and Microsoft, et al.) are wrong because they're artificially inflating prices on their patented products is to miss the entire point of the debate.