On Sun, Sep 5, 2010 at 1:35 AM, Reinier Zwitserloot <[email protected]>wrote:

> Europe has no software patents. Clearly the
> lack of software patents does not stifle research budgets.


Please reread my post. The question is whether the absence of software
patents would allow for more or less innovations. In other words, is there
more innovation in countries that don't have software patents than in
countries that do.

No matter how fast you want to answer this question, I'm saying it's really
very hard to tell (and naïve observers would probably say that there is a
lot more software innovation coming out of the US than in any other
country).


> I grant you apple is doing a far better job at it, but I don't see what
> patent law
> has to do with this.


You are confusing innovating and protecting your innovations. We're talking
about the latter.



> You argue: If software patents didn't exist, companies may not  bother
> with research. Well, nokia has the biggest budget and they live on an
> entire continent without software patents.
>

They are bound by US software patent laws for anything they want to sell on
the US continent, so I'm pretty sure that US software patent laws have a
huge impact on their product decisions.

There still is innovation, but there is no proof that the innovation
> that is happening is  being boosted by the US patent system.


I agree, but this goes both ways. There is no obvious proof that the absence
of software patent laws would boost innovation either.


> For example, a large amount of startups don't patent anything, yet they
> appear to be one of the main drivers of innovation.


99% of these start ups fail. Those that do well have either good technology,
good people or a good patent portfolio (which is very often the main driver
in an acquisition decision).

Again, please don't twist my words, I'm simply drawing your attention to the
fact that abolishing software patent laws overnight would have a lot of
negative effects that you don't seem to want to consider.


> I can point out a number of cases where patent law is actively stifling
> innovation


Me as well, and if you know what I was doing at my previous job, you
probably know exactly what I'm referring to. And yet, I see this debate in a
much more nuanced way than you are. Maybe this should cause you to pause.

Also, patent law basically doesn't cover china. Which so happens to be cheap
> knockoff central, so your main point there just doesn't add up at all.
>

Well, let me ask you a simple question, then: do you think we see more
software innovations coming from China or coming from the US?

-- 
Cédric

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