At times like this I always think back to when the term Death was trademarked, though you'll never guess what it meant. (I'll give you a hint, it meant to die!)
Trademark abuse is actually much less prevalent than patent abuse. There are actually pretty strict rules to which one needs to adhere in order to maintain a trademark. One also needs to use their trademark properly, or else they run the risk of it becoming generic and essentially public domain.
The way the patent system is currently functions, people or companies can patent something, sit on that patent for years, and then sue the crap out of anyone who has used something similar to that patent and has big pockets.
Why do we allow such things to be patented? How does giving a patent for something so wide in use by many people make sense? It does not make sense for a patent to be something that is common knowledge, like say "a method of transferring liquids to the mouth" i.e. a glass, so why the hell are we awarding patents for something so widely known as podcasting?
Why do we allow such things to be patented? How does giving a patent for something so wide in use by many people make sense? It does not make sense for a patent to be something that is common knowledge, like say "a method of transferring liquids to the mouth" i.e. a glass, so why the hell are we awarding patents for something so widely known as podcasting?
Because they don't know it's common knowledge. The current judges didn't grow up with computers, let alone have expertise in software development. If a good lawyer makes a pitch to them that this new technology called "podcasting" should be patented, and there's no one to say "no, that's silly" then they'll likely award. To not award the patent would be hurting private industry and we wouldn't want to do that.
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The way the patent system is currently functions, people or companies can patent something, sit on that patent for years, and then sue the crap out of anyone who has used something similar to that patent and has big pockets.
The stupidity will never end.