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This is why software patents suck. Apple has over 200 patents for the iPhone, some of which are simple enough that a hobbyist can implement them in a week using a few pictures of the product and readily available APIs. Patents are intended to protect inventions that are costly to develop but cheap to replicate. At first it seems like this applies perfectly to software. Costly to develop, nearly free to replicate.
But software is covered by copyright, and therefore its creators can explicitly prohibit replication. They can also prevent people from being able to figure out how it works. Why would you need to patent something if you can prevent people from figuring out how it works? Replication involves uncovering intentional obscured details of its operation and implementation from scratch. It's nearly as costly to replicate copyrighted OSS as it is to implement it in the first place, and perhaps more costly to do so for proprietary software. Designing software is the easy part, implementing it is hard, and replicating it might even be harder.
The other day I went to the grocery store, and among other things, I wanted pickles. After initially selecting the usual pickle chips, I thought I'd try the "sandwich stackers." The innovative shape is an improvement for use on sandwiches, I must say. But upon further consideration, I concluded that a square shape to fit a normal slice of bread would be even better. "Butters," someone objects, "you can't cut a 4" square from a cucumber!" Sure I can! I figured it out, and I could probably get a patent. I have zero intention of getting into the pickle business, but when Vlasic makes the same logical leap I did, I could whip out the submarine patent claims. No truly sandwich-sized pickle slices for anyone, because I said so.
I feel like ranting some more...
We don't need or want patents anymore. Everybody is now connected. Tangible objects can be produced anywhere and sold anywhere else. Intangible deliverables are even easier to bring to market. The market wants just barely enough suppliers for any product for competition to work, and often even less than that. There's no money to be made in selling something that's already available. You're either first to market, best to market, or searching for a new market. The global marketplace is the ultimate incentive to innovate.
Some suggest that patents are bad for software, but good for other markets such a pharmaceuticals. I disagree. Why would a pharmaceutical company copy a competitor's drug and sell it for less? This would cause a price war that will rapidly drive the price down to near the cost of production and distribution. Pharmaceutical companies don't want to save people's lives and break even, they want get filthy rich. The only way to do this is to be the first or best to market with a useful drug and charge whatever outrageous price the healthcare industry is willing to bear.
Patents are a kludge for a time where it was easier to make money off of other people's ideas than to develop your own. This is no longer the case in any market that I can think of. Down with patents.
Why would a pharmaceutical company copy a competitor's drug and sell it for less?
That does happen, at least with AIDS medications. Several pharmaceutical companies got themselves some bad press a few years ago when they started trying to crack down on African companies selling unlicensed & less-expensive equivalents of commercial medication for treating AIDS.
// Why would a pharmaceutical company copy a competitor's drug and sell it for less? //
They're called "generic versions" designed to be identical but the same. In Australia, companies are more or less forced to release the drug formula and molecules to the generic competitors to enhance competition and ensure drugs are affordably made available to those who need them.








Member since:
2005-12-15
I'll give this, hmm about 48 hours before Apple and their legal eagles start sending cease and decist orders. I'm suprised it hasn't happened already, knowing Apple.