Linked by Thom Holwerda on Sun 29th May 2011 21:29 UTC, submitted by teigetje
Microsoft It turns out that a lot of people haven't been paying attention. Over the weekend, a story about how Microsoft is earning more from HTC's Android devices than from its own Windows Phone 7 sales spread all across the web, with surprised reactions everywhere. Anyone who has been paying attention to Microsoft's recent patent trolling regarding Android could've seen this coming.
Permalink for comment 475131
To read all comments associated with this story, please click here.
RE[2]: Patent troll?
by malxau on Mon 30th May 2011 17:34 UTC in reply to "RE: Patent troll?"
malxau
Member since:
2005-12-04

"Nobody is forced to use Microsoft's innovations, merely to pay for the innovations they use.


You haven't really been introduced to the concept of software patents, have you?
In US you can patent anything, even a patented idea. Just have to be careful with the words.
As for "innovation", it's not innovation when any other developer will do the same given same requirements.
"

Actually I'm one of a small set of people with a Comp Sci degree and a Law degree. I've spent a lot of time looking into these issues in detail.

While I wouldn't dispute that the patent system is prone to abuse (and frequently abused), that does not mean that all patents are abuse in and of themselves.

Personally I'm not too concerned if an employer asks a developer to implement "x" solely because they saw it in some other product, and the subsequent implementation of "x" infringes on a patent held by those who conceived of it. In this case the first group had significantly higher costs by virtue of trying out many failed ideas, refining ideas to be usable and useful, user testing etc. The second group is just paying for code to be written.

The real question in this case is what the patents are; from there we'd know whether they are genuinely innovative or abuse. This is, of course, why patents are licensed under NDA...

Reply Parent Score: 2