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Re:First, we kill all the patent lawyers by jacquesm on Wednesday May 05, 2010 @07:05AM (#1320814)
A bit drastic, but it's a start ;)

Seriously, even the author wrote that only as 'bait', but there is a subtle point to it, which is that at a gut level these people must know that they are acting against our common best interest by exploiting legal loopholes. As long as we commend lawyers on exploiting the letter of the law while raping its spirit there will be no end to this.

In the end it boils down to the fact that words are inadequate vehicles to express concepts in, we can do all we want, thoughts and concepts are fluid entities, they can not be expressed in words without losing something. It's like digitization always is a 'lossy' process.

So by using piles of words ('legalese') we can try to limit the number of gaps and the size of the gaps between the intention and the description of the intention, given enough time there will always be new holes found.

It's the basis of biblical interpretation and it is the basis of the enormous increase in legislation and jurisprudence, and why we need things like a supreme court.

The patent system is old by technological standards, it has become a liability and it stifles innovation more than that it promotes it.

If we have to go back to a world without disclosure and of trade secrets then so be it, I predict that that in the longer term will also be found 'wanting' as loopholes in those constructs will be discovered, but in the short to mid term (say another century?) we're better off without them.

Re:First, we kill all the patent lawyers by ZeroGravitas on Wednesday May 05, 2010 @07:38AM (#1320862)
The title is a Shakespeare quote/paraphrase which, amusingly, many lawyers interpret as being a resounding endorsment of the role of lawyers in society:

http://www.spectacle.org/797/finkel.html