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PostPosted: Wed Mar 18, 2015 5:35 pm 
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The full title was: How is it legal for mobile games to almost completely copy other games?

An interesting answer was supplied by a Practicing IP Attorney working for a software company. I find it interesting because in many ways we seem to continuously deal with this issue as we build ages.

Check it out: http://www.reddit.com/r/explainlikeimfi ... to_almost/

The author of the answer cleanly and fairly describes Trademark and Copyright law.

But he slams patent law, a fundamental of free market principals, without balance sprinkling in his political views and some four letter words. This one section is obviously an emotional issue for him. His biases are blatantly obvious and since it is his opinion, he is entitled to them. Don't accept it as a factual representation of the free market ideals or the cause and effect of the law. But, mixed in with his political statements is a reasonably accurate explanation of Patent Law.

He also points out how patents are being abused, in his writing the issuance of patents on things that should never receive patents is an obvious pain point. I agree. The bureaucracy of the US Patent Office is a huge problem costing people millions in legal fees and restricting progress and creativity. That's among a a long list of things we need to fix.

Follow on comments help and confuse. But, I think one can see the basic principals and legal restrictions carried through most of the comments.

The information should give people a better idea of what we can legally do when building ages.

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PostPosted: Wed Mar 18, 2015 6:31 pm 
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Patent law, as it has been applied to software, is a subject of four-letter words for me too.

I've released mobile games (and I'm working on another one). Copyright law protects my business. Trademark law will protect my business if I ever get big enough to file trademarks. Patent law is a threat to my business.

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PostPosted: Thu Mar 19, 2015 3:08 pm 
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Many people feel that way. As Patent Law is implemented by the bureaucracy it can be a threat. They often grant a patent on something that has been in the public domain for years, even decades. Then it takes a lengthy and costly legal battle to get that undone.

The ideas expressed by Adam Smith and the Founding Fathers explain the purpose and ideals that lead to the creation of the law. Those purposes and ideals are noble. The implementation has been and is being abused.

It is up to voters to force a change at the PTO.

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PostPosted: Sat Mar 21, 2015 2:11 am 
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Voters can't change squat :?

But Patent Law exists for a reason. Namely, to prevent crooks from stealing and subsequently profiting from other people's ideas.

When someone has an innovative, marketable idea and they work to develop it, research it, design it, market it, sell it by virtue of their own money, blood, sweat and tears then it is theirs to profit off of. Nobody else gets to profit off someone else's labor. dealwitit.

Yes the US Patent Office is a bureaucracy. Sad but true. Yes progress and profit and innovation has an unfortunate tendency to get bogged down in legal squalor. It's really no different than copyright, trademark or any other property claim. Happens everywhere.

Without Patent Law the business world would be nothing but a morass of 'me-toos' where people would make nothing but the same ol expletive that sells (sound familiar anyway?) instead of truly innovating because why take gambles on innovation when the certainty exists that you won't have any hope of personally benefiting from ones own endeavors anyway?

Yes, Patent Law is horrendously broken. So are a lot of things. Patent Law is not inherently evil, nor is it a necessary evil. It's just down right necessary.


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PostPosted: Sat Mar 21, 2015 2:37 am 
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Quote:
The implementation has been and is being abused.


We agree. The primary abuse here is the idea that an algorithm or a user interface element is a patentable invention.

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PostPosted: Sun Mar 22, 2015 6:41 pm 
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Sounds like a deterrent, its no wonder things have developed they way they have.
With so many restrictions on what can be done and what can not be done it seems to produce too many hoops to jump threw for some. While I see the point of protecting ones ideas and have had some idea's stolen from me, I also see how it can stifle the creativity process.

Some people who can not come up with their own ideas tend to steal them from others, on the other hand inspiration has to come from someplace.

I may be a bit off topic but it sounds like a bit of a mine field that not every one is willing to traverse.

In the end its their tools, their rules

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