[BC] NRSC-5 Comments

[Robert Orban]

At 11:58 AM 7/20/2005, you wrote:
>From: Barry Mishkind <barry at oldradio.com>
>Subject: [BC] NRSC-5 Comments
>To: broadcast at radiolists.net
>Message-ID: <6.2.0.14.2.20050720085549.03fb6040 at pop.west.cox.net>
>Content-Type: text/plain; charset="us-ascii"; format=flowed
>
>
>Burnin' down the house: http://tinyurl.com/d6f4m
>
>(Warning: this second one is a 40 page pdf document, but you can get the
>gist by reading
>the summary and conclusion sections.)

I find Hardis' arguments _extremely_ convincing. In a nutshell, he is 
saying that it is unconstitutional (under the Patent Clause) for the 
government to guarantee iBiquity perpetual royalties by writing 
iBiquity trade secrets (the HDC codec) into a government-mandated 
monopoly broadcasting standard. Instead, iBiquity must disclose the 
codec in sufficient detail to enable those skilled in the art to make 
one and iBiquity's monopoly must be for a limited time.

Many people don't realize that the patent system is a system of 
quid-pro-quo: the government grants inventors protection from others 
using their IP for a _limited_time_ in exchange for inventors' fully 
disclosing how to practice the invention. This allows others to 
eventually use the disclosed technology to innovate, which serves the 
public good.

Bob Orban