I think you are right that patents aren't killing innovation in the
US.  This is pretty obvious as most of the innovations seems to stem
from the US - esp the silicon valley area.  Look at the location of
the top 20 market cap tech companies that have formed in the last 10
years if you want proof.

BUT - I've never seen any evidence that patents have a positive effect
innovation in software.  Software is largely built on the work of
others' ideas.  We just expand on them, with a few new ones sprinkled
in along the way.

Luckily, most software patents are never enforced.  This is good as I
would wager every single person on this forum has violated many
software patents.  Like this one:
http://www.google.com/patents/US7028023

I think it's naive to think that it's possible for the US patent
office to manage software patents.  They are inherently abstract and
largely very difficult to understand.  Does anyone really think that
the USPO attracts the quality of computer scientists needed to make
reasonable judgements?

So from a purely pragmatic point of view, I think software patents
should be abolished.  They only lead to silly/expenseive
lawsuits/patent wars.  Small companies can't afford to apply/defend
their patents.  The winners are largely lawyers.  And once in a while
a big company crushes someone via a lawsuit.

Lastly, it's good for the industry and customers when someone comes
along, inspired by someone else's work - but knows they can improve on
it.  Would the world be better if Yahoo locked up search in 1995 and
Google couldn't do search because of some software patent on "internet
search"?  Google came along, destroyed Yahoo, created tens of
thousands of jobs, hundreds of billions of dollars of wealth, and
provided a much better search experience for users.  Yeah, it sucks
for Yahoo - but they had the chance to beat Google and the best
product/company won.





On Tue, Jun 19, 2012 at 8:48 AM, Cédric Beust ♔ <[email protected]> wrote:
> On Tue, Jun 19, 2012 at 7:28 AM, Josh Berry <[email protected]> wrote:
>>
>> Not to mention your view is pretty insulting to China.  Do you really
>> believe there is no innovation over there?
>
>
> Of course not, it's just that if you survey the software companies regarded
> as being the most innovative over the past decades, you will probably find
> that a crushing majority originated in the US and very few in China.
>
> This shouldn't come as a surprise: since there is no patent pressure, the
> incentive to innovate is minimal: just copy whatever you want, add your own
> touch and call it a day.
>
> --
> Cédric
>
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