Xref: utzoo gnu.misc.discuss:3170 comp.misc:12625 comp.dcom.modems:9849 Path: utzoo!utgpu!news-server.csri.toronto.edu!rpi!usc!zaphod.mps.ohio-state.edu!sdd.hp.com!spool.mu.edu!uunet!mdisea!mitchell From: mitchell@MDI.COM (Bill Mitchell) Newsgroups: gnu.misc.discuss,comp.misc,comp.dcom.modems Subject: Re: hayes lawsuit Message-ID: <1991May19.163505.29569@MDI.COM> Date: 19 May 91 16:35:05 GMT References: <1991May18.102918.8003@beach.csulb.edu> <1991May18.154225.2699@unlinfo.unl.edu> Distribution: usa Organization: Motorola, Mobile Data Division - Seattle, WA Lines: 34 In article tmb@ai.mit.edu (Thomas M. Breuel) writes: > >[...] > >MIT has been involved in defending a number of patent infringement >cases. In these cases, even though many people were aware of the >existence of prior art, establishing this fact legally required >enormous efforts by people who have better things to do, and >significant expenses on the part of the defendants. At least in the >area of software, the costs of the patent system to me clearly seem to >outweigh its benefits. > Two issues here. The patent system and the conflict resolution system. The patent system establishes a clear point over which to engage in conflict, and the conflict resolution system expresses the loss in monetary terms and decides who pays and who collects. Our system for resolving conflict in the U.S. is gladiatorial. Each side hires a gladiator, and they fight it out. Gladiators with a stunning record of victories are expensive, and the side able to afford the most expensive team of gladiators stands the best chance of winning. Modern-day gladiators are, of course, attorneys. Conflicts are usually decided by ex-gladiators (judges), and the system rulemakers and administrators (legistrators and appeallate judges) are for the most part ex-gladiators as well. Like all analogies, that one is a bit strained; but I think it gives one reasonable picture of our civil legal system and how it fits into our society. Like it or not, that's the system. Like it or not, the system is here to stay. -- mitchell@mdi.com (Bill Mitchell)