One of the things that constantly hinders creativity is the ability of lazy people to jump on an idea and try to leech off its creators until there’s nothing left of the innovation but a bunch of pissed off designers who figure it’s probably not worth it to continue. That’s going on right now in technology. A long time ago, US companies were innovative with some great ideas that pushed ideas into manufacturing. For years, the USA was known for quality products that you really couldn’t find anywhere else. And then a bunch of leeches started copying everything these companies were doing and distributing almost the same product but cheaper (and not as well made). This caused US companies to have to compromise on standards, and then the race downhill began. Now, if you go to buy some product in the US, it’s almost guaranteed to be somewhat crappy made, and the company that sells it to you will try to get you to pay for an extended warranty because they know you know that your product isn’t going to last long without it. Quality got traded for cheap and quick. We’ve never really recovered.
Well, now we have a new problem. And that’s the problem of patent trolls. Someone comes up with an idea, patents it, and then all innovation in that direction is forever hindered by some bottom-feeding company that doesn’t manufacture anything itself but sues companies for making products. A company named Lodsys is suing a whole bunch of companies that have done nothing other than make apps for smartphones. Claiming that they invented some obscure technology that they never produced, Lodsys has now gone out of its way to sue pretty much any company that dares to make an app for the Android and Apple app markets. Apple jumped in and decided to respond as a plaintiff on the side of the people being sued, but it hasn’t stopped this company from continuing to go after any company it thinks it can get to settle for some cash. As it doesn’t produce any products other than lawsuits (to anyone’s knowledge), they really don’t have anything to lose. Recently, they decided to sue the makers of Angry Birds, which means they see big dollar signs, and they’re not afraid to go after it.
The problem with this is that it sets up a chilling effect in the design marketplace. As someone who will be making Apple apps myself, I see this as a real problem because who in his right mind would want to create anything for a platform that is guaranteeing a lawsuit the second you actually start to make any money? If Apple and Android don’t get Lodsys to cease and desist, it’s going to seriously hinder the marketplace.
That’s what patent trolls do. They make it so that people don’t want to develop anything because what’s the purpose when some bottom-feeder is going to try to steal your money anyway? It’s a lot like the movie industry today. I have a friend of mine who makes independent films. He doesn’t make a lot of money from it because everyone in this industry is practically a bottom-feeder, from the people who do the color correction, the people who adjust the sound, the people who manufacture the commercial dvds, the agents who promise great things but really don’t do anything other than promise great things and the many “producers” who take money but don’t do anything other than promise great results before stating “Man, it’s a tough market. Perhaps if you ponied up another $16,000, I might be able to do something”, the people actually making products have less and less incentive to do so when all of the money happens to be in the peripheral service industry that doesn’t actually create anything.
Unfortunately, the solution to this situation isn’t ever going to happen because the ones who benefit from the problem is a band of lawyers who speak the same language as the people who need to be fixing this situation. Politicians and lawyers work hand in hand so that the people who create things, the designers, the movie-makers, the writers and the manufacturers, have no say so in the outcome but remain at the mercy of people who historically don’t understand the very nature of the word.