Linked by Thom Holwerda on Wed 6th Jul 2011 14:00 UTC
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Member since:
2006-01-10
Look, I'm not going to debate the validity of software patents. But what I can't understand... I really can't... is the idea that there is something different about software patents as opposed to hardware.
"As I've said before, ideas should not be patentable. A patent should cover an implementation, but since with software the implementation comes in the form of code, the implementation is already protected by copyright. Hence, software patents are not only idiotic, they are simply not needed."
I mean really?
Software implementation comes in the form of code.
Okay, and mechanical implementation comes in the form of blue prints.
What is the difference here?
I personally think the only real difference is the vast majority of people in software don't have any experience in other fields and thus don't see how every field is affected by patents. I have family in both mechanical and chemical engineering... and they face the same issues of patents... obvious... broad patents.
That is the issue with patents. It is hard to classify them. But it's not unique to software.
It only comes up so much as
1. software is the 'new field'
2. The barrier to entry is so low that everyone can enter the market and thus violate patents. This is not as true in say the automotive market. There the established players are used to patents and licensing...
I really don't understand why people think software patents are different.