On Aug 13, 2011, at 10:36 AM, Reinier Zwitserloot wrote:

> 
> 
> On Saturday, August 13, 2011 6:09:49 PM UTC+2, Craig Kelley wrote:
> 
> If your idea is so simple that it only takes a month to reverse- 
> engineer, then the idea must be somewhat trivial (one-click 
> shopping).  Instead we have companies spending billions on building 
> patent war chests -- not innovating with the money. 
> 
> 
> 
> Cedric isn't defending the current system; he's trying to argue that we 
> should be looking at reform and not abolishment. This patent war chest 
> business isn't liked by anyone. The more nuanced discussion going on right 
> now (or at least, what I'm advocating here) is that such reform is a pipe 
> dream; it'll never happen - the kinds of messes we see today are inevitable 
> for the software industry. As such, whilst abolishments has its downsides 
> too, its got a lot less of them than the current system (or any hypothetical 
> system with reforms in place).
> 
> In other words, Cedric's painted picture of "Oh, won't somebody think of the 
> poor would-be startups which will never even get founded because their 
> would-be founders would no longer dare to try it if a big corporation can 
> just push out a cheap ripoff, throw their marketing department at it, and 
> crush them!" doesn't fly for two entirely different reasons:
> 
> (A) That's not really how it works. If that's how it worked, twitter would be 
> dead, and Google Buzz would be going nuts. No such luck for google. They had 
> to go back to the drawing boards and come up with a superior solution (which 
> I believe google plus is), and that IS catching on. Evidently the techie 
> buying public is a bit more discerning, and bigcorps can't just come up with 
> the better product just by throwing their money around.
> 
> (B) That really is how it works. Bummer. Life aint fair. Laws exist to 
> redress unfairness but its silly to argue "This part of life isn't fair, that 
> MUST be fixed, so we should keep trying for years and years to come up with 
> different law forms to address it". One must accept that for some things no 
> law can feasibly be written to redress the imbalance. Startups will have to 
> eke out an advantage in some other way.
> 
> 
> Take your pick, either way the conclusion is: Software patents are bad.

+1.  However, that doesn't make them evil ;-)

Ralph

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