Saturday, September 17, 2016 10:59:03 AM
You see, a patent is awarded to people who come up with a novel concept to solve problems
Once the patent is awarded, even if the holder is unable to commercialize the idea they still hold the rights to the idea - the reason being someone with more resources could come along and take that idea and make money from it.
The purpose of that patent then, is to protect the INNOVATOR from theft from those with deeper pockets - this is basically written into the constitution.
Now just because the idea is older, if it has been utilized by someone to make money, they owe the rightful owner of that patent some sort of recompense.
Looking backwards in time and saying well this is now a standard isn't a defense of theft, nor does it justify not paying the patent holder, as that is hindsight. You see without the innovation, how can one be certain that standard would have been created, and in reality that INNOVATOR is the one who created the standard!
Also, suggesting that someone wasn't using the patent is not a defense either. If you're not using your car is it now communal property? What about your summer home? Can someone go use it for free in the winter? No they cannot: usage does not dictate whether property rights exist or not. Moreover, as stated prior, often INNOVATORS lack the resources or capital to commercialize, patents protect them from theft, provide incentive for investors to assist etc.
It is surprising someone so focused on justice and fairness cannot see that the theft of IP is not just and fair, unless of course the one stealing it feels somehow that they are entitled to take as they please.
Odd that ATVI litigates it's patents isn't it? They're not open source are they? Odd that
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