On Thu, Sep 9, 2010 at 4:38 AM, B Smith-Mannschott <[email protected]>wrote:
> Just a thought that came to me listening to the most recent podcast, when > Joe was once again explaining that the reason patents are important is > because they encourage innovation. Glad to see I'm not alone in seeing this debate in a more nuanced way than most people :-) > Consider the following hypothetical: > > - I've been sitting on a juicy software patent (e.g. for placing vertical > banner ads on web pages to exploit a bug in the human visual system to > better sell my product.) for five years. > - In the interim, ten other companies have independently come to the same > conclusion and use this technique. > - Now I sue them, claiming patent infringement. > > But, seeing how ten other companies were willing to 'invent' this without > patenting it, what does that say about the utility of the patent grant in > encouraging this particular innovation? Can anyone honestly argue that this > invention would never have been made but for the promise of a monopoly > granted through the patent system? > Software patents encourage innovation in a different way. If you live in a country that doesn't let you patent software, you can start a company, copy whatever you want and release it as your own. In countries where software patents are enforced, you can't get away with it that easily: you have to actually come up with ideas that haven't already been patented and it forces you to be creative. -- Cédric -- You received this message because you are subscribed to the Google Groups "The Java Posse" group. To post to this group, send email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/javaposse?hl=en.
