Linked by Thom Holwerda on Tue 19th Jul 2011 17:09 UTC
Google For the first time, Google has opened its mouth against the patent trolling by Apple (and by proxy, Microsoft) against Android manufacturers. By way of Eric Schmidt, Google's chairman, the company took stand against the legal actions, and stated they aren't too worried. If need be, Google will ensure HTC doesn't lose the patent case against Apple.
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RE[3]: How can this be fixed?
by organgtool on Tue 19th Jul 2011 20:28 UTC in reply to "RE[2]: How can this be fixed?"
organgtool
Member since:
2010-02-25

Only software specific to a "machine" or that is a transformative process is patentable.

In my entire career I don't believe I have ever come across software that doesn't run on a machine or wasn't transformative.
There have been much reasoned debate and with industry feedback that have generated real proposals to update and reform this area while maintaining protection from "free riders".

I haven't seen any good arguments for software patents nor have I ever witnessed "reasoned debate" on this subject. Regarding the "free riders", that sounds like a statement against patent trolls, but that doesn't change the fact that software patents grant monopolies on ideas.
You are impugning the motives of extremely overworked and underfunded people.

They choose to participate in a system that is fundamentally broken. While I don't blame them for the broken system, I don't have any sympathy for them either.
The primary issue (imho) in patent reform is that the fees collected are not utilized by the regulatory agency to fulfill its mandate. The revenue is "diverted" by Acts of Congress to other pet projects leaving the AJP of the USPTO extremely overwhelmed.

The fees are diverted because government agencies are not intended to be run like for-profit businesses. If the USPTO was allowed to keep these fees for themselves, there would be an incentive to rubber stamp everything that ended up in their mailbox so that they could maximize their earnings. However, under the current system they are still motivated to rubber stamp everything so that they encourage more patent applications and justify bigger budgets from Congress.
It is also part of the current patent reform legislation stalled in the Senate and House by the absurd "debt ceiling" crisis that has basically frozen any legislative debate on any topic.

I have not seen anything in the new legislation that dissolves software patents or discourages the USPTO from granting overly-broad hardware patents. The only thing in it that would seem to have a measurable effect in reality is the first-to-file clause, and that is an entirely separate debate.

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