The Sun Has Set
I read the news today about Sun Microsystems' desire to patent a “Method of Licensing Software.” If you are unsure of exactly what that means, think of it as a patent application on charging customers money for services rendered.
I had high hopes for Sun Microsystems. Although they may have an outdated product line in an increasingly commoditized world, it has been fun to see their fighting spirit. They still have cash in the bank (over $2 billion at the time of this writing) and had a vision of the future…even if it was controversial.
But now it’s over. This ridiculous patent application is a desperate last gasp of a company that has lost its way…lost its sight. We know we are old when we have to look backwards to see greatness. We maintain our youth when we look to the future. Old age is a state of mind, a surrender. But Sun’s is the worst kind of old age, filled with bitterness and confusion. This application attempts to solidify Sun’s future on the backs of future technology start-ups. I can only imagine what Jonathan Schwartz would say if this application had been filed by Microsoft. This kind of “I’ve got mine” mentality was formerly the domain of real estate developers and American motorcycle manufacturers. It is disconcerting in high technology.
It is also a telling comment on the state of the United States Patent System when an application like this can even be contemplated. According to the United States Patent and Trademark Office, a “utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matters, or any new useful improvement thereof.” Well, give me a roomful of lawyers, a few million bucks, and we can make butter.
In fact, I have a few applications that I am already working on.
I had high hopes for Sun Microsystems. Although they may have an outdated product line in an increasingly commoditized world, it has been fun to see their fighting spirit. They still have cash in the bank (over $2 billion at the time of this writing) and had a vision of the future…even if it was controversial.
But now it’s over. This ridiculous patent application is a desperate last gasp of a company that has lost its way…lost its sight. We know we are old when we have to look backwards to see greatness. We maintain our youth when we look to the future. Old age is a state of mind, a surrender. But Sun’s is the worst kind of old age, filled with bitterness and confusion. This application attempts to solidify Sun’s future on the backs of future technology start-ups. I can only imagine what Jonathan Schwartz would say if this application had been filed by Microsoft. This kind of “I’ve got mine” mentality was formerly the domain of real estate developers and American motorcycle manufacturers. It is disconcerting in high technology.
It is also a telling comment on the state of the United States Patent System when an application like this can even be contemplated. According to the United States Patent and Trademark Office, a “utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matters, or any new useful improvement thereof.” Well, give me a roomful of lawyers, a few million bucks, and we can make butter.
In fact, I have a few applications that I am already working on.
- A process for simple mobilization of the human body over any terrain. We will call it "Putting one foot in front of the other” or “Walking.”
- An invention that will consolidate all home deliveries into a central location, preferably at the end of a driveway. We will call this a “mailbox.”
- And my personal favorite…A process in which hydrogen and oxygen can come together and provide life-sustaining sustenance for any plant or animal. We will call this “rain.”
So knock yourself out. Call your lawyer, and get your piece of the intellectual property pie. Maybe a patent on sleeping and breathing can still be had. Hey, how about childbirth!
Joel Allen is president of AllenPort Co., based in Princeton, NJ.
© 2004 Joel E. Allen. All rights reserved.
posted by Joel Allen at 4:53 PM
