On Sat, Mar 5, 2011 at 11:08 AM, phil swenson <[email protected]>wrote:

> I could argue against software patents, but this guy does it way better
> than I ever could:  http://www.feld.com/wp/category/patents


Really? Just the same old arguments that the system is broken without
showing that he's thought much about the consequences of a world without
software patents, nor a lot of elaboration as to why they stifle innovation.
I've seen much better articulated arguments, to be honest.

Besides, the Paul Allen suit was thrown out, which seems to indicate that
the system works as expected.

I'm a reformist, not an abolitionist. I think software patents work and they
enable innovation. I do think they should be revised, particularly on two
specific points:

   - Shorter duration. It's fair for someone who comes up with a real
   innovation to enjoy a first mover advantage, but this duration should be
   adjusted to software scales. Maybe two years or something like that.

   - Troll patents should not be allowed to exist. Not quite sure what can
   be done there, maybe that patents cannot be transferred, or can only be
   enforced if the corporation suing can show that their business is based on
   the patent they are suing about. In other words, they have a product on the
   market place that is based on that patent.

At least, I'm trying to offer concrete solutions that are based on
compromises and on the observation of how the world works today, as opposed
to most of the hand waving that I see pattern abolitionists do most of the
time ("They kill innovation. Now upvote me").

-- 
Cédric

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