System failure 整体失败
Kent Walker, one of Googles senior lawyers, grouses at being forced to spend a lot of moneydefending the company against frivolous lawsuits by rivals. Others counter that as computinggoes mobile, it favours information-technology firms that have invested in research for yearsand that Google was naiveor idealisticto broaden its IT business without having a stackof patents. There is a retort to that, too: that incumbents can use patents as barriers toentry, which is why Americas antitrust regulators are showing interest in them. In April theDepartment of Justice demanded changes to Novells patent sale to protect open-sourcesoftware.
谷歌的一个资深律师肯特沃克尔抱怨针对不必要的法律诉讼,将花去更多的资金捍卫其企业权利。其它的反对声音认为随着计算机的移动性能提升,这将有助于那些投资于研究多年的信息技术企业的发展,并使得没有大量专利权的谷歌在拓展 IT业务时显得缺乏经验和空想主义。这里也有反驳他们的意见:行业主导者可以像跨越障碍一样使用专利,这也是为什么美国反垄断监管机构对专利之争很感兴趣的原因。四月,司法部为了开源软件,要求诺勒改变专利权销售政策。
Nowadays, innovations in IT usually rely on many small improvements involving numeroustechnologies, which means it is not always clear precisely which inventions a patent covers. Theopen secret is that everyone infringes everyone elses patents in some way. This creates anincentive for firms to build up their patent portfolios to strengthen their position innegotiations, leading to what some liken to an arms race. The legal tussles usually end incross-licensing deals, in which small sums of money change hands. This is consideredpreferable to a mutually destructive exchange of endless lawsuits.
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