[citation][nom]Nim Chimpsky[/nom]It's a legitimate patent because no one's ever done it or patented it before. It's not general, it has a specific use and purpose described in the article.You and I agree that Macs do not have the number of titles or many of the best ones, but they do play games.[/citation]
It's not the case that no one's ever done it before. Not at all. It's just the case that no one's patented it before. Why patent such a simple concept? Thats the problem with technology patents, they're almost always just giving companies benefits for patenting things that every other company has already been using for awhile but were so simple they were'nt patented. Software is like a math problem, there's only one good solution to a given problem, and it isn't usually that hard to get there. Since you can patent it though, the first to get through the system gets huge rewards because, well, they got through the system. It has nothing to do with their own innovation or development, only that they patented a simple solution in order to prevent others from using what they developed independently.
It works for medicine, because there is a legitimate concern that someone could try to "copy" your product, and there is also very little chance that two seperate companies would come to the exact same formula on their own. With software, there's no reason to "copy" a design, as it takes (comparatively) little effort to develop your own, and in addition it's almost a given that two independent software companies will come to the exact same solution on their own, as there usually is only a single solution.
[citation][nom]notAllJunk[/nom]can we stop kicking the patent system, it has worked pretty good for a long while, its greatest failure was patents covering software and innovation (recent developments) which allow for the patenting of vague concepts and often ill defined ideas. This was an innovation patent.we do not need the patent system to be torn down, just reformation of these two (failing) areasi never seen someone rebuild a car from the ground up cause a flat tire.....[/citation]
It's not fair to call it an innovation patent when people have been doing it for fifteen to twenty years. Just because it wasn't successful or practical in the past doesn't make it new. The patent system works fine for things like drugs and to a lesser extent other things like cars, but it simply shouldn't apply to technologies. It only works when there's more than one solution to the problem. For technology, the fact that there's usually only one good answer means patents punish companies for doing their own development instead of just copying others.
[citation][nom]Nim Chimpsky[/nom]We geeks on this site might deride their ideas, but they are certainly not "dumb." They end up setting the trend in a lot of cases.[/citation]
Trends are the result of marketing, not quality or innovation. Apple is very, very good at marketing to those that aren't interested in "technology". I'll certainly give them praise for that. But their products themselves aren't very good, and certainly aren't usually anything new. They just take what doesn't sell well, but is marketable, and market it until their market wants it.