Linked by Thom Holwerda on Wed 5th Oct 2011 20:45 UTC, submitted by danbuter
Legal Fascinating infographic on the all the patent stuff going on in the mobile world today. Another infographic summarises the patent lawsuits between Apple and Samsung specifically (via). On a sidenote, what's the deal with infographics these days? Did someone decide they were cool without telling me?
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"Why Software Patents Should End"
by atsureki on Sun 9th Oct 2011 16:33 UTC
atsureki
Member since:
2006-03-12

Many critics of the current patent system[who?] have likened software to spoken language[emphasis original] - in essence, we all use the same language [no we don't], but recombine it in different ways to form new meanings. So it is with software, they[who?] say. And since we can't patent languages[or any natural phenomenon, but we can copyright those recombinations], why should we be able to patent software? [Because it is the result of research, invention, and hard work, and it does everyone good for that result to be published.] If the enormous war being waged between the tech companies is any indication, the current system does not work. [Patent infringement is a civil matter until Congress makes something like the DMCA. The "enormous war" is the system working.] The time for reform is now![emphasis original]


That is by far the least relevant, least coherent argument against software patents I've ever seen. Patents are bad because they lead to lawsuits. Well, then drunk driving laws are bad because they lead to arrests. You have to make some kind of case with evidence that intervention is worse than non-intervention, or in this case, that protection is worse than non-protection.

The only instance in which that case was even partially made was with patent trolls (NPEs), but the closing paragraph actually disregards them by describing a "war being waged between tech companies", and patent trolls are not tech companies.

I would argue that we can't have standards without patents. Without patents, all inventions are proprietary trade secrets, and without FRAND, all standards are government fiat, and we all know how slow government moves.

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