Europe: No patents for software

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Curmudgeons...

... are useful in questioning ideas that seem obvious to people with similar, limited experience. Instant opposition can be productive.

But the curmudgeonliness should be substantiable; the observations and assertions shouldn't be contradicted by known realities.

A few examples of difficulties with your comments, then:

Quoting:
"... as for a workman being worthy of his hire, I assume you're referring to the lawyers who benefit from the proliferation of patents ..."

Court cases have confirmed the validity of software patents. The recent case at the Supreme Court was about whether injunctions should be issued automatically, and not whether patents can exist.

People and organizations have invested $ millions in patent portfolios. Would they do so if they didn't expect to be able to obtain a return easily?

Software patents are producing money for their owners easily, in the US and the EU.


Again, quoting:
"It [a patent] does not indemnify you against other patents you may have infringed..."

But it does give you something to trade with the holder of a patent you have infringed.


And again:
"Software requires little capital investment and virtually no time and capital to productize."

How many $ billions will Microsoft alone spend on software R&D this year?

And how many small companies have allowed themselves to be purchased because the chances of spreading software use by themselves is minimal? These small companies cannot afford to make the effort to capitalize on their inventions. At least not by comparison with the amount they receive from larger companies.

Software is an expensive business in which to be successful. That's why it's dominated by a few large companies.

Okay, along with a small mvement that in part rejects the idea of employees being paid, no matter how good their work. Another part of the movement is a way for large companies to save costs (read: salaries) for development.


Seems to me that rejecting software patents as an established part of doing business now is more blithe than insightful.

Posted by: Anton Philidor   Posted on: 05/26/06 You are currently: a Guest | Members login | Terms of Use

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