Linked by Thom Holwerda on Fri 24th Aug 2012 23:54 UTC
Legal And just like that, within a matter of days, the jury has reached a verdict in Apple vs. Samsung. The basic gist is simple: Apple's software patents are valid, and many Samsung devices infringe upon them. Apple's iPhone 3G trade dress is valid, and Samsung's Galaxy S line infringes, but other devices did not. Samsung did not infringe Apple's iPad design patent. Apple did not infringe any of Samsung's patents. Apple is awarded a little over $1 billion in damages. Competition lost today, and developers in the United States should really start to get worried - software patents got validated big time today.
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RE[3]: Everybody wins
by kristoph on Sat 25th Aug 2012 04:25 UTC in reply to "RE[2]: Everybody wins"
kristoph
Member since:
2006-01-01

I've been writing code for over 25 years. Code is not mathematics. Far from it. Suggesting that code should only be covered by copyright is stupid because there are limitless ways to express the very same concept in code and so the only thing that copyright protects is outright copying. I could take any piece of code, rewrite it and have it generate an identical result, and you'd never know I didn't write the thing from scratch.

So that said, I've come to believe that software patents in some form should exist.

The issue with software patents, as with patents in general, is that the process by which they are reviewed and granted is fundamentally flawed. Many patents are obvious, have obvious prior art, and are over broad. Also all patent holders that are not implementing a patent (the patent trolls) need to be forced to license the patent under FRAND terms.

That madness needs to stop. If we can't afford to effectively review patents then we should not be granting them.

Reply Parent Score: -1