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diff --git a/teksting/Patent_Absurdity_transcript_v2.2.srt b/teksting/Patent_Absurdity_transcript_v2.2.srt new file mode 100644 index 0000000..cc5729d --- /dev/null +++ b/teksting/Patent_Absurdity_transcript_v2.2.srt @@ -0,0 +1,1347 @@ +1 +00:00:08,776 --> 00:00:14,314 +These people are lined up to hear the oral +argument in the first software patent case +to be brought before the Supreme Court +in almost 30 years + +2 +00:00:14,564 --> 00:00:16,990 +<i>- Do you guys want to introduce yourselves +and spell your names?</i> + +3 +00:00:17,882 --> 00:00:21,729 +- Yeah, uh, uh, Bernie Bilski. B - I - L - S - K - I + +4 +00:00:24,180 --> 00:00:30,302 +- Rand - R - A - N - D, Warsaw - W-A-R-S-A-W + +5 +00:00:30,552 --> 00:00:33,268 +<i>- Could you guys tell us in a nutshell +what you've invent?</i> + +6 +00:00:33,318 --> 00:00:39,498 +- The invention is a guaranteed energy bill, +which is like a budget bill without a true-up,- + +7 +00:00:39,748 --> 00:00:46,768 +-and it's a method of hedging both sides in the +transaction. So, behind giving consumers,- + +8 +00:00:47,018 --> 00:00:50,518 +-energy consumers are guaranteed energy bill. +There's a lot of mechanics. + +9 +00:00:50,768 --> 00:00:54,468 +And the mechanics involve financial transactions +between energy consumption, + +10 +00:00:54,718 --> 00:00:58,218 +or energy consumers, and the energy providers. + +11 +00:00:58,468 --> 00:01:03,830 +THESE MEN HOPE TO GAIN A PATENT ON +A BUSINESS METHOD OF HEDGING +COMMODITY RISK + +12 +00:01:04,066 --> 00:01:08,994 +And that's what the invention is in a nutshell. +It's a method of generating guaranteed bills- + +13 +00:01:09,244 --> 00:01:12,744 +-for consumers and, also, for protecting +energy company earnings. + +14 +00:01:12,994 --> 00:01:16,743 +The outcome of the case will have profound +implications for software + +15 +00:01:17,020 --> 00:01:22,190 +- The Bilski Case itself is someone applied for a +patent on a business method or software,- + +16 +00:01:22,440 --> 00:01:27,396 +-and patent office rejected it. And now this is +that person suing the patent office, saying- + +17 +00:01:27,396 --> 00:01:30,390 +-"You have to grant me that patent." + +18 +00:01:30,640 --> 00:01:34,140 +This case is about what does it mean to be +a patentable process. + +19 +00:01:34,390 --> 00:01:38,913 +And so, since software patents fall under the +category of processes, because they are not- + +20 +00:01:39,163 --> 00:01:43,166 +-the machine, and they're not a composition of +matter, which are some of the other categories- + +21 +00:01:43,413 --> 00:01:47,357 +-of things that are patentable. This case will +define what it means to be a patentable process. + +22 +00:01:52,257 --> 00:01:54,276 +<i>- What about justice Roberts? He said, you know,</i> + +23 +00:01:54,468 --> 00:01:57,452 +<i>basically your patent involves people picking +up the phone and calling other people.</i> + +24 +00:01:57,770 --> 00:02:03,065 +- It could be reduced to that level, as the certain acts +that are performed, but it's much more than that. + +25 +00:02:03,365 --> 00:02:08,438 +It has to do with selling commodity that effects +price to one party, selling to a different party + +26 +00:02:08,738 --> 00:02:12,706 +at a different fixed price, +identifying counter risk positions. + +27 +00:02:12,956 --> 00:02:18,668 +If you look at claim four in the patent, we have things +called claims which describes what the invention is, - + +28 +00:02:18,668 --> 00:02:25,318 +-there's a long mathematical formula in there, that +didn't exist in nature or anywhere in the literature, + +29 +00:02:25,502 --> 00:02:28,110 +that these very inventive folks come up with. + +30 +00:02:28,352 --> 00:02:32,052 +<i>- Once upon a time math was not patentable. +And nowadays we can have someone -</i> + +31 +00:02:32,302 --> 00:02:37,812 +-like Bilski coming in and saying: "You know, +I worked hard on this mathematical equation -" + +32 +00:02:38,012 --> 00:02:41,564 +"- and therefor I should have a patent on this +information processing method here." + +33 +00:02:41,814 --> 00:02:45,249 +<i>- You mention in your claim that there's a very long +calculation shown there.</i> + +34 +00:02:45,464 --> 00:02:50,710 +<i>Do you think a strong calculation or good math +is a basis for a patent?</i> + +35 +00:02:50,910 --> 00:02:51,714 +- It can be. + +36 +00:02:51,964 --> 00:02:57,710 +- The basic process of writing software is that you +take a broad algorithm of some sort, you know, - + +37 +00:02:57,960 --> 00:03:01,760 +-some means of doing something with abstract data, +and then you apply variable names. + +38 +00:03:02,010 --> 00:03:05,910 +- So for our first derivation let's start with a simple +matrix, a matrix of values. + +39 +00:03:06,160 --> 00:03:11,830 +And we'll find the mean of each column, mu one, +mu two, mu three. + +40 +00:03:12,030 --> 00:03:21,184 +And we're gonna define Y to be X minus +mu for each column. + +41 +00:03:21,434 --> 00:03:29,468 +Now if we have some other factor, X, we can take +X dot S and find the projection of X onto this space. + +42 +00:03:29,718 --> 00:03:31,950 +This is called the singular value decomposition (SVD). + +43 +00:03:32,200 --> 00:03:41,609 +Now, here's the trick. Here's the great part. Let's +say that this first row, X1, equals sexuality. + +44 +00:03:41,859 --> 00:03:45,359 +Let's say X2 equals "Do you own cats?" + +45 +00:03:47,126 --> 00:03:51,836 +And X3 equals, I dunno, affection. + +46 +00:03:55,022 --> 00:04:05,502 +Ok, so, now we'll also say that, let's take a factor +J1 equals Jane's responses on this survey. + +47 +00:04:05,752 --> 00:04:10,086 +Let's say J2 equals Joe's responses. + +48 +00:04:10,336 --> 00:04:21,308 +Now let's do the same projections as we did before. +We're gonna take J1 dot S subtract J2 dot S. + +49 +00:04:21,558 --> 00:04:27,062 +We're gonna find the distance between these two +points, and we're gonna call that compatibility. + +50 +00:04:28,414 --> 00:04:35,901 +And in that simple step, we've derived patent +number 6 735 568. + +51 +00:04:37,750 --> 00:04:44,286 +The trick of our derivation was that before with +the SVD, we had abstract numbers. + +52 +00:04:44,536 --> 00:04:49,974 +What the guys at eHarmony did to get this patent, +was to assign names to our variables. + +53 +00:04:50,224 --> 00:04:55,870 +So instead of an abstract X1 we have sexuality, +instead of X2 we have a preference for cats. + +54 +00:04:56,120 --> 00:04:59,948 +And by making those assignments, by +setting variable names in this matter, - + +55 +00:05:00,198 --> 00:05:05,390 +-they were able to take an abstract concept +and turn it into a patentable device. + +56 +00:05:06,440 --> 00:05:13,569 +- What we want to do according to the heads of +our patent institutions, is take mathematics and + +57 +00:05:13,819 --> 00:05:18,246 +slice it up into as many slices as possible, and hand +those slices out. And, say, if you do a + +58 +00:05:18,496 --> 00:05:26,238 +principle component analysis, if you multiply matrices +for dating sites, we'll give that to eHarmony. + +59 +00:05:26,488 --> 00:05:31,532 +If it's for equities we'll give that to State Street. And +so on and so forth. + +60 +00:05:31,782 --> 00:05:39,718 +And what we're giving out is basically +exclusive rights to use mathematics, - + +61 +00:05:40,083 --> 00:05:44,883 +-to use a law of nature, in whatever context. +And what we get in return is basically nothing. + +62 +00:05:45,733 --> 00:05:52,121 +- The patents is a government grant, in the US it +arises out of the constitution. + +63 +00:05:52,471 --> 00:05:58,721 +- The Framers included the provision for granting +exclusive rights to inventors in our constitution, + +64 +00:05:58,971 --> 00:06:06,093 +and the belief was that that was important in order +to reward people who had made technological - + +65 +00:06:06,243 --> 00:06:09,343 +- advances that would benefit society. + +66 +00:06:13,272 --> 00:06:18,156 +- The rights that they are granted are not the rights +to do the things that they invent, - + +67 +00:06:18,406 --> 00:06:21,409 +-but the right to exclude others from doing +that thing. + +68 +00:06:21,659 --> 00:06:28,345 +- So the idea was you have a machine or a thing, +which is not previously described in any literature, - + +69 +00:06:28,595 --> 00:06:34,449 +-and which no skilled mechanic could figure out +how to make given what is described in literature, - + +70 +00:06:34,699 --> 00:06:36,457 +-and for that you get a patent. + +71 +00:06:36,707 --> 00:06:42,550 +- The basis for determining what is patentable +subject matter has continued to evolve - + +72 +00:06:42,800 --> 00:06:46,300 +- over the last 200 years of our national existence. + +73 +00:06:46,550 --> 00:06:54,588 +- In 1953 the Patent Act was modified by Congress, +to add the words "or processes" to the word - + +74 +00:06:54,838 --> 00:06:57,697 +- "product" in describing what could be patented. + +75 +00:07:04,760 --> 00:07:10,833 +The Congress which did that was plainly thinking of +processes of industrial manufacture. Processes - + +76 +00:07:11,083 --> 00:07:19,481 +- that produced something at the other end. Float +glass on molten tin, and it'll become flat, or whatever. + +77 +00:07:19,731 --> 00:07:25,065 +- And it's unlikely that anybody thought of process +at that time in terms of computer software, - + +78 +00:07:25,315 --> 00:07:33,748 +-because we didn't have applications on computer +software for many years after that last revision - + +79 +00:07:33,998 --> 00:07:36,998 +- of the Patent Act. + +80 +00:07:46,267 --> 00:07:52,282 +- Back in the late 70s the patent law was interpreted +such that you couldn't patent software. It was - + +81 +00:07:52,532 --> 00:07:55,449 +- considered a mathematical algorithm, +a law of nature. + +82 +00:08:01,821 --> 00:08:09,430 +The legal world changed. The environment was +quite different starting with some decisions by- + +83 +00:08:09,649 --> 00:08:11,254 +- the Supreme Court, like Diamond v. Diehr. + +84 +00:08:11,504 --> 00:08:17,905 +- The patent applicant was coming in with a new +process for curing rubber. The temperature, and- + +85 +00:08:18,155 --> 00:08:23,873 +- the preciseness of the temperature is essentials +in curing rubber well. And the innovation - + +86 +00:08:24,123 --> 00:08:30,753 +-that was being patented in this case was an +algorithm to monitor a thermometer - + +87 +00:08:31,003 --> 00:08:37,038 +- that was basically in the process and determined +when the rubber needs to be released and cooled. + +88 +00:08:37,288 --> 00:08:42,505 +- And they said "Processes for curing rubber are +patentable, there's nothing new about that, -" + +89 +00:08:42,755 --> 00:08:47,526 +"- the fact that they use a computer in implementing +it shouldn't change anything." + +90 +00:08:55,602 --> 00:09:00,070 +- The Supreme Court makes it clear that you can't +patent software, because it's only a set of - + +91 +00:09:00,320 --> 00:09:09,300 +- instructions, or an algorithm. Abstract laws of nature, +algorithms, are unpatentable in the US itself. + +92 +00:09:09,550 --> 00:09:17,209 +However, then there was the creation of the +Court of Appeals of the Federal Circuit. + +93 +00:09:17,459 --> 00:09:24,657 +- The problem being solved, in some sense, begins +with the fact that trial court judges always - + +94 +00:09:24,907 --> 00:09:27,180 +- hate patent cases. + +95 +00:09:27,430 --> 00:09:35,310 +And the reason they hate patent cases is, for a single +trial judge, a lawyer who has spent his/her life- + +96 +00:09:35,560 --> 00:09:43,914 +-doing litigation, a patent case in which she/he is going +to be required to find detailed facts about how paint is- + +97 +00:09:44,164 --> 00:09:52,713 +-made or how computers work or how radio broadcast- +ing operates, is an opportunity just to made into a fool. + +98 +00:10:00,133 --> 00:10:05,369 +- Congress is attempting to change the system in which +patent cases are litigated. + +99 +00:10:05,619 --> 00:10:11,934 +But instead of changing who tried patent cases, +Congress left a non-specialist district judge- + +100 +00:10:12,184 --> 00:10:17,326 +-in charge of the trial. And then created a new court of +appeals called the Federal Circuit,- + +101 +00:10:17,576 --> 00:10:22,081 +-who's job it was to hear all appeals from patent cases. + +102 +00:10:22,331 --> 00:10:25,313 +Rapidly, of course, this court filled up with +patent lawyers. + +103 +00:10:25,563 --> 00:10:32,622 +And the patent lawyers then made the law in the court +of appeals that applied to all those district judges- + +104 +00:10:32,872 --> 00:10:37,556 +-who were still making non-specialist decisions of +which they were afraid. + +105 +00:10:37,806 --> 00:10:42,721 +Naturally the Federal Circuit turned out to be a place +which loved patents. + +106 +00:10:42,971 --> 00:10:49,537 +And it's chief judge, Giles Rich, who lived to be very +very old and died in his late 90s,- + +107 +00:10:49,787 --> 00:10:53,068 +-was a man who particularly loved patents on +everything. + +108 +00:10:53,318 --> 00:11:00,273 +The Federal Circuit court under Giles Rich sort of broke +Diamond against Diehr lose from it's original meaning,- + +109 +00:11:00,523 --> 00:11:05,068 +-and came to the conclusion that software itself +could be patented. + +110 +00:11:05,318 --> 00:11:09,609 +- The Supreme Court basically left everything to +this court to decide. + +111 +00:11:09,859 --> 00:11:16,473 +- The PTO actually used to reject patents on software, +like in the early 1990s, and they did not allowed them. + +112 +00:11:16,723 --> 00:11:20,223 +And the applicants would appeal those +rejections to the Federal Circuit. + +113 +00:11:43,280 --> 00:11:46,798 +- In the world of machines you show the Patent Office +the machine,- + +114 +00:11:47,048 --> 00:11:51,697 +-and you've got a Patent Office who's claims were +"I claim this machine." + +115 +00:11:52,946 --> 00:11:56,636 +In the world of computer software there was no way +of defining what the unit was. + +116 +00:11:56,886 --> 00:12:03,777 +I don't claim a program, I claim a technique that any +number of programs doing any number of things could- + +117 +00:12:04,027 --> 00:12:11,492 +-possibly use. The consequence of which is very rapidly +we began to build up as real estate that somebody- + +118 +00:12:11,742 --> 00:12:19,014 +-owned and could exclude other people from a whole +lot of basic techniques in computer programming. + +119 +00:12:19,314 --> 00:12:24,516 +- What happened was, starting in the mid-90s, the +number of patents on software started soaring. + +120 +00:12:24,766 --> 00:12:27,806 +An industry attitude started changing too. + +121 +00:12:28,056 --> 00:12:32,558 +So you had Microsoft, which originally didn't deal +with software patents very much at all,- + +122 +00:12:32,808 --> 00:12:36,885 +-I guess they got sued in the early 90s +by Stac and lost a, uh,- + +123 +00:12:37,085 --> 00:12:40,817 +-significant judgment against them, +they started patenting. + +124 +00:12:41,067 --> 00:12:43,932 +- They're gonna have their own set of patents. + +125 +00:12:44,182 --> 00:12:49,116 +So that if a major patent holder threatens them, +they can fire back. + +126 +00:12:49,366 --> 00:12:55,382 +- Gradually companies like Oracle were forced to set +up patent departments just for defensive reasons. + +127 +00:12:55,632 --> 00:13:00,481 +They had to patent their stuff so that they had some- +thing to trade with the companies that had patents. + +128 +00:13:00,731 --> 00:13:10,945 +<i>Mark Webbink: +- And so the arsenal started to develop. By year 2001 +Microsoft now holds thousands of software patents.</i> + +129 +00:13:11,195 --> 00:13:15,350 +<i>Oracle was probably approaching a thousand software +patents. Adobe...</i> + +130 +00:13:15,600 --> 00:13:19,713 +<i>James Bessen: +- All of them become more and more aggressive. +Patenters and some of the ones who were against-</i> + +131 +00:13:19,963 --> 00:13:25,516 +<i>-software patents ended up suing other companies, +and so what you had is an explosion of patenting first-</i> + +132 +00:13:25,766 --> 00:13:27,729 +<i>-and then an explosion of litigation.</i> + +133 +00:13:32,484 --> 00:13:37,404 +By the late 90s about a quarter of all patents +granted were software patents. + +134 +00:13:38,551 --> 00:13:44,233 +About a third of all litigation, patent litigation, +involves software patents. + +135 +00:13:44,483 --> 00:13:50,329 +About 40% of the cost of litigation is +attributable to software patents. + +136 +00:13:50,579 --> 00:13:52,631 +And those numbers have been going up. + +137 +00:13:52,881 --> 00:13:59,270 +So Charles Freeny invented a kiosk that goes in retail +stores, and the idea is you'd come in,- + +138 +00:13:59,520 --> 00:14:05,306 +-you could select the music selection, swipe your +credit card, put in a blank 9 track tape,- + +139 +00:14:05,556 --> 00:14:10,917 +-and this is is how long ago this patent was, and it +would write that music selection onto the tape- + +140 +00:14:11,167 --> 00:14:13,988 +-and you could go away with it. + +141 +00:14:14,238 --> 00:14:21,649 +The patent was drafted in a very vague language so +there were terms like "point of sale location",- + +142 +00:14:21,899 --> 00:14:25,060 +-and "information manufacturing machine". + +143 +00:14:25,310 --> 00:14:32,902 +And Freeny eventually sold this patent to somebody +who wanted to interpret those terms very broadly. + +144 +00:14:33,352 --> 00:14:36,652 +To basically cover e-commerce. + +145 +00:14:36,902 --> 00:14:44,956 +So here was this very limited invention for this kiosk, +and he wanted to interpret those terms in such a- + +146 +00:14:45,206 --> 00:14:50,102 +-broad way so that it would cover transactions that +took place over the Internet,- + +147 +00:14:50,352 --> 00:14:56,228 +-you could make them in your office, in your +bedroom, in your house, anywhere. + +148 +00:14:56,478 --> 00:15:00,817 +And so it covered virtually all of e-commerce. + +149 +00:15:01,067 --> 00:15:08,382 +The courts initially didn't agree with that interpretation +but they appealed it, and the appellant court largely- + +150 +00:15:08,632 --> 00:15:16,254 +agreed with them, and they were able to extract some +settlements out of well over a hundred companies. + +151 +00:15:16,504 --> 00:15:23,452 +But the significant thing is, here is this patent you +can't tell what it's boundaries were until you get to- + +152 +00:15:23,702 --> 00:15:29,236 +-the appellant court. What most people thought +it's boundaries were turned out to be wrong. + +153 +00:15:29,486 --> 00:15:32,644 +- One of the key properties of programming languages +is they're very very precise. + +154 +00:15:32,894 --> 00:15:39,292 +You can look at any program language in any language, +in C, Python, any language like this,- + +155 +00:15:39,542 --> 00:15:43,910 +-and you know exactly what it's doing. You can look +at two pieces of service code and you can say- + +156 +00:15:44,160 --> 00:15:48,662 +"Are this doing the same thing or different things?" +And we do this because computers are very picky- + +157 +00:15:48,912 --> 00:15:53,801 +-and we need to tell the computer exactly what we +need to do in order to accomplish some task. + +158 +00:15:54,051 --> 00:15:57,551 +The language patent lawyers use is almost the opposite. + +159 +00:15:57,801 --> 00:16:03,001 +There's an advantage in being vague, and being broad, +being non-specific, because the broader your language- + +160 +00:16:03,251 --> 00:16:06,751 +-the more things you, sort of, catch in your net. + +161 +00:16:07,001 --> 00:16:12,361 +- So it is a large problem in our patent system just +defining simply what is the context or the borders- + +162 +00:16:12,611 --> 00:16:16,148 +-of the patent. And what does it cover, +and what does it not cover. + +163 +00:16:16,398 --> 00:16:21,658 +And that ambiguity causes a lot of chilling effects, +because people are going to avoid doing anything- + +164 +00:16:21,908 --> 00:16:27,013 +-that could possibly be covered by the patent, even if in +reality the patent wouldn't cover what they wanna do. + +165 +00:16:27,263 --> 00:16:33,406 +- Let's imagine that in the 1700s the governments of +Europe had decided to promote the progress of- + +166 +00:16:33,656 --> 00:16:41,162 +-symphonic music, or as they thought, promote it. +Will a system of musical idea patents, meaning- + +167 +00:16:41,412 --> 00:16:48,306 +-anybody who could describe a new musical idea in +words could get a patent which would be a monopoly- + +168 +00:16:48,556 --> 00:16:54,998 +-on that idea and then he could sue anybody else +that implemented that idea in a piece of music. + +169 +00:16:55,248 --> 00:17:09,121 +So a rhythmic pattern could be patented, or a sequence +of chords, or a set of instruments to use together,- + +170 +00:17:09,371 --> 00:17:17,212 +-or any idea you could describe in words. Now imagine +it's 1800 and you're Beethoven, and you want to write- + +171 +00:17:17,462 --> 00:17:23,748 +-a symphony. You're gonna find it's harder to write a +symphony that you won't get sued for, than write- + +172 +00:17:23,998 --> 00:17:29,102 +-a symphony that sounds good. Because to write a +symphony and not get sued you're gonna have to- + +173 +00:17:29,302 --> 00:17:34,638 +-tread your way around thousands of +musical idea patents. + +174 +00:17:34,888 --> 00:17:40,388 +And if you complained about this, saying it's getting in +the way of your creativity, the patent holders would- + +175 +00:17:40,638 --> 00:17:44,484 +-say "Oh, Beethoven you're just jealous because we +had these ideas before you." + +176 +00:17:44,651 --> 00:17:46,873 +"Why should you steal our ideas?" + +177 +00:17:47,123 --> 00:17:52,634 +- People have been making music for thousands of +years. There were never any need for patents in- + +178 +00:17:52,884 --> 00:18:01,148 +-the field of music. And since the computer industry +has made programming possible, people have been- + +179 +00:18:01,398 --> 00:18:07,054 +-developing software as well, since right from its +beginning, there was never a need to have patents- + +180 +00:18:07,304 --> 00:18:10,516 +-in this field in order for the activity to happen. + +181 +00:18:10,766 --> 00:18:20,582 +- Almost everything we were doing back before 1980, +1981, in those things, patent played no role in it. + +182 +00:18:20,832 --> 00:18:30,324 +Cut & paste, the embedded ruler in a word processing, +word wrapping, a lot of the things that are real- + +183 +00:18:30,574 --> 00:18:37,566 +-important and we take for granted, and that are much +more innovative in many ways than patents we have- + +184 +00:18:37,816 --> 00:18:44,198 +-today, 'cos patents can be on some very minute +things, that's the way the law works. + +185 +00:18:44,448 --> 00:18:49,841 +Those things happened, we had great +advances without patents. + +186 +00:18:50,091 --> 00:18:54,100 +- One of the world's most respected computer scientists, + +187 +00:18:54,350 --> 00:19:02,422 +Donald Knuth, has said that if software patents had +been available in the 1960s and 70s when he was- + +188 +00:19:02,672 --> 00:19:07,084 +-doing his work, that it's probably the case that +computer science wouldn't be where it is today. + +189 +00:19:07,334 --> 00:19:15,164 +There would be blockades on innovation that could've +seriously prevented the kinds of technical solutions- + +190 +00:19:15,414 --> 00:19:17,942 +-that we take for granted today. + +191 +00:19:18,192 --> 00:19:24,137 +- The programmer writing a long program might +conceivably need to check whether 500 or- + +192 +00:19:24,387 --> 00:19:28,622 +-thousand different techniques are patented, and there +is no way that she possibly could. + +193 +00:19:28,872 --> 00:19:35,590 +- The Patent Office issues hundreds of software patents +all the time. Every Tuesday they issue 3,500 patents- + +194 +00:19:35,790 --> 00:19:41,032 +-and a large number of those relate to software. It's +just impossible to review all those patents every week- + +195 +00:19:41,232 --> 00:19:43,580 +-to make sure you're not doing something that could +infringe them. + +196 +00:19:43,830 --> 00:19:53,505 +- So there's a provision in the US patent laws that +basically holds patent infringers, ahem, at I guess- + +197 +00:19:53,755 --> 00:20:01,117 +-a greater liability if they are shown to willfully +infringe. So basically the idea is that if you knew- + +198 +00:20:01,367 --> 00:20:07,094 +-about a patent and you infringed on it, you should +have a stricter penalty than if you didn't know about it. + +199 +00:20:07,344 --> 00:20:14,356 +But what this results in is a situation where there is a +real disincentive to follow what patent has been made- + +200 +00:20:14,606 --> 00:20:21,228 +-and what new inventions there has been through the +patent system, because if you read every patent or- + +201 +00:20:21,478 --> 00:20:28,070 +-there's evidence to show that you have read patents, +then you are liable for willful infringement, you knew- + +202 +00:20:28,320 --> 00:20:32,737 +-about the patent and you infringed it anyway, and the +penalty is triple damages. + +203 +00:20:32,987 --> 00:20:39,137 +<i>- A number of people suggested that software +should be removed from the-</i> + +204 +00:20:39,387 --> 00:20:40,760 +<i>-scope of patentability. Can you comment on that?</i> + +205 +00:20:41,010 --> 00:20:45,894 +- Yes, well, I obviously disagree with that. And I don't +believe that software should ever be removed. + +206 +00:20:46,144 --> 00:20:51,441 +It's one of our greatest sources of technical innovation +in this country. And to come up with a test that would- + +207 +00:20:51,691 --> 00:20:55,230 +-somehow eliminate software would, +I think, be a disaster for the economy. + +208 +00:20:55,480 --> 00:21:01,852 +WOULD IT THOUGH? +- Mike and I estimate that outside of pharmaceuticals +and chemicals the patents, sort of, are acting like- + +209 +00:21:02,102 --> 00:21:10,454 +-10 or 20 percent tax. You know, the small developer +developing something, down the road he has to pay- + +210 +00:21:10,704 --> 00:21:18,892 +-that tax. And every small company I know in software, +as long as they've been around a few years and hit- + +211 +00:21:19,142 --> 00:21:26,950 +-the market, somebody is asserting a patent against +them, they're running into some potential difficulties. + +212 +00:21:27,200 --> 00:21:31,609 +They very frequently feel obligated to get patent +themselves for defensive purposes. + +213 +00:21:31,859 --> 00:21:40,646 +So all of that activity is a tax. It's not something that's +helping them innovate, it's an unnecessary activity. + +214 +00:21:40,896 --> 00:21:47,313 +- The primary thing we do is an issue tracking system +called RT, or Request Tracker, so it's customer service,- + +215 +00:21:47,563 --> 00:21:53,506 +-help desk, bug tracking, network operations, anything +where you've got a whole bunch of tasks that need to- + +216 +00:21:53,756 --> 00:21:58,089 +-get kept track of. And you need to know what +happened, what didn't happen, who did it,- + +217 +00:21:58,339 --> 00:22:04,609 +-who didn't do it, when. It's kind of a to do list on +steroids designed for a whole organization. + +218 +00:22:04,859 --> 00:22:10,297 +Pretty much everything is open source or free software, +under one license or another. + +219 +00:22:10,547 --> 00:22:18,009 +We'll get consulting customers or support costumers +who add indemnification language to our standard- + +220 +00:22:18,259 --> 00:22:27,038 +-contract or need us to sign theirs. And it says, in the +standard legalese, it's gonna say something like- + +221 +00:22:27,288 --> 00:22:34,324 +-we indemnify and hold them harmless and agree to +pay their legal fees and sacrifice our first-born, if- + +222 +00:22:34,574 --> 00:22:41,468 +-something happens and someone discover that our +software is violating a somebody else's patent. + +223 +00:22:41,718 --> 00:22:46,276 +It's very very rarely the case that we end up signing +something that has that kind of language in it. + +224 +00:22:46,526 --> 00:22:48,476 +But it eats up a lot of legal fees. + +225 +00:22:48,726 --> 00:22:59,648 +- Look at the innovative people in software in ICT, +and ask "Would they be better of if the patent system- + +226 +00:22:59,898 --> 00:23:03,161 +-was abolished?" The answer is probable "Yes". + +227 +00:23:03,411 --> 00:23:11,472 +- Who's benefiting? Patent lawyers is number one. +Number two, you've a small number of so called- + +228 +00:23:11,722 --> 00:23:17,822 +-trolls who are benefiting, but it's not clear even most +of them is making much money. + +229 +00:23:18,072 --> 00:23:25,580 +You're seeing more recently, in the last 4 or 5 years, +companies like Intellectual Ventures and- + +230 +00:23:25,830 --> 00:23:32,364 +-hedge fonds who are acquiring large volumes of these +trash patents and using them to extract hundreds- + +231 +00:23:32,614 --> 00:23:38,129 +-of millions of dollars from companies. They're +benefiting, they maybe the biggest beneficiaries. + +232 +00:23:38,379 --> 00:23:42,872 +- There's a lot of bad press in the last few years +about the harm that's caused by software patents. + +233 +00:23:43,122 --> 00:23:49,268 +And we think that's had a political influence on the PTO +to get them to slow down their issuance and start- + +234 +00:23:49,518 --> 00:23:51,444 +-rejecting them, and that's what has +resulted in the Bilski case. + +235 +00:24:00,270 --> 00:24:07,630 +- Well the biggest, first bad press story was the +Blackberry patents, where all the Congressional- + +236 +00:24:07,880 --> 00:24:12,228 +-representatives have their Blackberrys and there was +a company called NTP that sued the manufacture of- + +237 +00:24:12,478 --> 00:24:17,425 +-Blackberry saying that all Blackberrys infringed it's +patent. Well, NTP was this company which is just a- + +238 +00:24:17,675 --> 00:24:22,532 +-one person holding company, they didn't make any +products or services themselves, and so- + +239 +00:24:22,782 --> 00:24:29,764 +-this got a lot of attention in the Wall street Journal and +Washington Post, and Congress persons were really- + +240 +00:24:30,014 --> 00:24:34,039 +-upset that they may lose their Blackberrys and they +may not be able to communicate efficiently. + +241 +00:24:34,289 --> 00:24:40,950 +So that caused a lot of attention, then you had all these +patents on banking methods and imaging for checks,- + +242 +00:24:41,200 --> 00:24:44,188 +-those patent holders were asserting against the +banking industry, and the banking industry has- + +243 +00:24:44,438 --> 00:24:47,686 +-a lot of influence on Capitol Hill, and so they've been +going down there and saying "Look, these types of- + +244 +00:24:47,936 --> 00:24:52,553 +-patents are causing us lots of harm." Then you add +into that the whole patent troll phenomenon in- + +245 +00:24:52,803 --> 00:24:58,457 +-Eastern District of Texas, with small patent holders +suing large IT companies like Google, Microsoft- + +246 +00:24:58,707 --> 00:25:04,293 +-IBM and Hewlett Packard. And all these companies +also have legislative influence, and they've said- + +247 +00:25:04,543 --> 00:25:08,612 +-"These types of patents are causing real harm to our +business, they're costing us jobs, they're increasing- + +248 +00:25:08,862 --> 00:25:13,881 +-the price of products and services that we offer to our +customers, and you need to do something about it." + +249 +00:25:21,620 --> 00:25:27,428 +- The situation we find ourselves in is that the lower +court, the Court of Appeals of the Federal Circuit,- + +250 +00:25:27,678 --> 00:25:32,140 +-is essentially a court for patents, +for hearing patent cases. + +251 +00:25:32,390 --> 00:25:40,741 +And this is the first time the Supreme Court has +taken up that scope of patentability. + +252 +00:25:40,991 --> 00:25:47,852 +And specifically this test that was implemented by +lower court, does talk to software patents. + +253 +00:25:48,102 --> 00:25:55,724 +And so, it's basically a 20 year history of software +patents being granted due to the lower court. + +254 +00:25:55,974 --> 00:26:01,286 +And so, we're hoping that the Supreme Court will +clear up the mess that the lower courts created. + +255 +00:26:01,536 --> 00:26:06,065 +And restamp it's authority which basically said that +you cannot have software patents. + +256 +00:26:06,315 --> 00:26:12,078 +- When you saw the arguments that where brought +by Bilski's lawyer, the patent bar is in some sense- + +257 +00:26:12,328 --> 00:26:21,238 +-an organized lobby. And an expansive subject matter +that's available to be patented is in their interest. + +258 +00:26:21,488 --> 00:26:26,406 +And it's clear that that was frustrating to some of the +justices. Some of them were frustrated by how- + +259 +00:26:26,656 --> 00:26:28,685 +-expansive patentable subject matter has become. + +260 +00:26:28,935 --> 00:26:34,553 +- They seem somewhat dismissive of the idea that +you could patent this particular idea. + +261 +00:26:34,803 --> 00:26:40,169 +- I think people has a hard time getting over the idea +that you can get a patent on hedging commodity- + +262 +00:26:40,419 --> 00:26:45,580 +-risk. But if you actually look at the claims and look +at what's in there, it is a process and it's no- + +263 +00:26:45,830 --> 00:26:50,080 +-different than any other process. It just may be +that it's not the way that they thought of patent- + +264 +00:26:50,330 --> 00:26:51,817 +-law in the past. + +265 +00:26:52,067 --> 00:26:56,321 +- We were encouraged by the comments by the +justices which showed that they were skeptical- + +266 +00:26:56,571 --> 00:27:02,630 +-and which suggested that they understood that +software is little more than a series of steps,- + +267 +00:27:02,880 --> 00:27:08,441 +-that could be written out as mathematical formula, +or written out on a piece of paper, or, as was- + +268 +00:27:08,659 --> 00:27:11,638 +-mentioned by one of the justices, +typed out on a typewriter. + +269 +00:27:11,809 --> 00:27:17,117 +- Software patents on a general purpose computer +have never been explicitly endorsed by this court. + +270 +00:27:17,367 --> 00:27:23,798 +And this court has also shown no compunction about +reversing rules that've held for a very a long time. + +271 +00:27:24,048 --> 00:27:27,662 +They clearly thought that the petitioners here was +trying to get a patent on something very basic,- + +272 +00:27:27,912 --> 00:27:29,924 +-some basic forms of human activity. + +273 +00:27:30,174 --> 00:27:34,861 +MORE THAN 200,000 SOFTWARE PATENTS +HAVE BEEN GRANTED IN THE U.S. + +274 +00:27:35,611 --> 00:27:42,489 +PROGRAMMERS FIND IT INCREASINGLY DIFFICULT +TO WRITE SOFTWARE THEY WON'T BE LIABLE +TO BE SUED FOR + +275 +00:27:42,739 --> 00:27:46,239 +NOW IMAGINE... + +276 +00:28:39,908 --> 00:28:46,257 +Transcript version 2.2 by Martin Karlsson. +Licensed under CC-BY 3.0 + diff --git a/teksting/Patent_Absurdity_transcript_v2.2_nb.srt b/teksting/Patent_Absurdity_transcript_v2.2_nb.srt new file mode 100644 index 0000000..9644a79 --- /dev/null +++ b/teksting/Patent_Absurdity_transcript_v2.2_nb.srt @@ -0,0 +1,1112 @@ +1 +00:00:08,776 --> 00:00:14,314 +Disse menneskene har samlet seg for å +høre argumentene i den første +programvarepatent-saken som vil føres +for den amerikanske høyesterett på nesten 30 år + +2 +00:00:14,564 --> 00:00:16,990 +<i>Kunne dere introdusere dere, og +stave navnene deres?</i> + +3 +00:00:17,882 --> 00:00:21,729 +Ja, Bernie Bilski. + +4 +00:00:24,180 --> 00:00:30,302 +Rand, Warsaw + +5 +00:00:30,552 --> 00:00:33,268 +<i>Kunne dere fortelle oss, i et nøtteskall, +hva dere har funnet opp?</i> + +6 +00:00:33,318 --> 00:00:39,498 +Oppfinnelsen er en garantert strømregning, +det er som et budsjettforslag, uten balansen, + +7 +00:00:39,748 --> 00:00:46,768 +og det er en metode å sikre begge sider i +en transaksjon. Så, bak det å gi forbrukerene, + +8 +00:00:47,018 --> 00:00:50,518 +energiforbrukerne for garantert en strømregning. +Det er mange mekanismer + +9 +00:00:50,768 --> 00:00:54,468 + + +10 +00:00:54,718 --> 00:00:58,218 + + +11 +00:00:58,468 --> 00:01:03,830 + + +12 +00:01:04,066 --> 00:01:08,994 + + +13 +00:01:09,244 --> 00:01:12,744 + + +14 +00:01:12,994 --> 00:01:16,743 + + +15 +00:01:17,020 --> 00:01:22,190 + + +16 +00:01:22,440 --> 00:01:27,396 + + +17 +00:01:27,396 --> 00:01:30,390 + + +18 +00:01:30,640 --> 00:01:34,140 + + +19 +00:01:34,390 --> 00:01:38,913 + + +20 +00:01:39,163 --> 00:01:43,166 + + +21 +00:01:43,413 --> 00:01:47,357 + + +22 +00:01:52,257 --> 00:01:54,276 +<i></i> + +23 +00:01:54,468 --> 00:01:57,452 +<i></i> + +24 +00:01:57,770 --> 00:02:03,065 + + +25 +00:02:03,365 --> 00:02:08,438 + + +26 +00:02:08,738 --> 00:02:12,706 + + +27 +00:02:12,956 --> 00:02:18,668 + + +28 +00:02:18,668 --> 00:02:25,318 + + +29 +00:02:25,502 --> 00:02:28,110 + + +30 +00:02:28,352 --> 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