I know Joe is a fan of Formula 1, so I thought I'd add this to the
discussion.

Last season, the Brawn GP team started the season with a new part
called a "double diffuser".  They had clearly spent time and money
developing this innovation, and it gave them a competitive advantage,
and their car was by far the quickest. Had Brawn been able to patent
that design and stop all the other teams from using something similar,
then the season would have effectively ended after the first race.
Instead, Brawn had an advantage for a few races until the other teams
also got similar parts, but it was enough for them to win both the
drivers and constructors championships.

Comparing this with software patents, I think the Multitouch feature
is similar, in that it was first brought to market by Apple, and it's
given them a massive advantage and they've sold a lot of iPhones. Now
the other manufacturers are catching up, and it's up to Apple to find
another killer feature. Consider if someone had patented 'The Web
Browser', and decided it would only run on Windows, then there would
be no iPhone and probably no Apple.

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