Linked by weildish on Sat 24th Jan 2009 22:44 UTC
Legal Several days ago when Apple hinted at legal action against Palm, we held our breath to see just what would happen. Now Palm has stepped up to the plate boldly and hinted that they'd fight whatever legal action is thrown at them.
Permalink for comment 345513
To read all comments associated with this story, please click here.
RE[2]: Comment by matatk
by SReilly on Mon 26th Jan 2009 12:05 UTC in reply to "RE: Comment by matatk"
SReilly
Member since:
2006-12-28

I'm sorry, but what you are saying, although in theory true, never works out that way.

Software patents, unlike physical patents, patent a concept. The idea is that if I describe what my software does, be that in a precise or more often than not vague manner, I can then patent that idea; thereby protecting something I may not even have created.

A physical patent provides me with a limited monopoly on technology actually invented, thereby rendering physical patents infinity more useful to industry and innovation by not only protecting an individual's or company's investment but also by encouraging those same people to continue innovating in the knowledge that any investment they make will be protected. Physical patents protect small and large entities alike without favoritism, either inadvertently or otherwise.

Software patents, on the other hand, encourage companies to amass large portfolios of them just to protect themselves from predatory patent trolls and competitors. It forces companies to come to patent deals and favors large companies who can afford large portfolios. Small time software houses have to be very careful when treading the legal minefield that is the modern patent system.

How can software patents possibly be a good thing when it stifles innovation, especially from smaller software houses, thereby achieving exactly the opposite of what patents where designed to do in the first place?

Copyright has been more than enough to protect other forms of creative works. Why would software need two?

Reply Parent Score: 2