Linked by Thom Holwerda on Tue 4th Jun 2013 12:45 UTC
Legal Ah, patents - the never-ending scourge of the technology industry. Whether wielded by companies who don't actually make any products, or large corporations who abuse them because they can't compete in the market place or because they're simply jerks, they do the industry a huge disservice and are simply plain dangerous. According to The Wall Street Journal (circumvention link), president Obama is about to take several executive actions to address patent trolls - which may seem like a good idea, but I am very worried that all this will do is strengthen the positions of notorious patent system abusers such as Apple and Microsoft.
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RE: Exactly correct
by butters on Tue 4th Jun 2013 14:54 UTC in reply to "Exactly correct"
butters
Member since:
2005-07-08

We can't start from the assumption that these measures will benefit big companies over small companies. We can only start with the assumption that they will probably benefit prospective defendants over prospective plaintiffs.

From here, if we want to consider the plight of software startups, we have to investigate whether their vulnerability to infringement outweighs their vulnerability to claims of infringement.

This is not an easy question to answer, but at the front lines of the software industry, I bet that most developers would favor more rigorous standards for claims of patent infringement -- if for no other reason than it's unreasonable to expect developers to avoid infringing patents that aren't embodied in any products which would be familiar to those in their field.

If we believe that the patent system favors big companies, than why would these measures to constrain the patent system also benefit big business?

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