Software Patents Debate

[c9]

I posted a bland complaint about software patents being a bit nutty this afternoon, and found myself trading ideas with a patent lawyer in Texas. Thought I'd post it here for comment and/or posterity. As always, my enthusiasm for a short and snappy opinion on something outside my expertise led me into a bit of a hole I wasn't prepared for, and I had to do a bunch of research to substantiate my position. (My posts in blue, his in red)

Software patents insane. RT @aylab: Microsoft loses Word patent appeal http://tinyurl.com/yd4y7uz -- They are no longer allowed to sell it.

i4i prevails against Microsoft. Its check-writing time for MS, or injunction on Word sales http://bit.ly/7Uiegc

@c_9 Actually, Microsoft just has to pay the inventors a royalty. Its no big deal.

@Jugglenaut In this case yes there is a solution, but software patents in general R insane in my view. See Caldera/SCO for examples.

@c_9 Caldera/SCO was a copyright issue. Very different fact/issues were involved. I4i v. Microsoft predominately revolves around #patent.

@c_9 Incidentally, if software patents are all bad, how do U account for increasing employment? http://bit.ly/8OjyTd

@Jugglenaut agreed, SCO example not correct, wasn't thinking. Will find better examples. #patent

@Jugglenaut employment as a programmer & the existence of software patents are not necessarily correlated; also, Wolfram has boom yrs only.

@c_9 Yes, perhaps a boom, but computer implemented methods were alive and well during those years. & likely contributed to the demand.

@c_9 Look at it this way, how do you get more golden eggs? A: Raise more geese and keep 'em happy.

@c_9 How 'bout this? USA has strongest protection of SW IP of all nations .: we have the most talent focussed making SW products. #swpatent

@Jugglenaut re employment boom - I agree they probably contributed, but we have no evidence for this.

@Jugglenaut please see next several tweets for perfect example of why twitter is useless for debate. :-) #swpatent

@jugglenaut I'm not certain that all software #patent are bad, but they are not all automatically good either.

Fundamental concerns with software #patent idea:
1. Copyright protects work of programmers/biz against copying.

2. Mathematics and logic leads to algorithms, so I could review issue & invent solution that breaches #patent on software I've never seen.

3. CompSci prof Donald Knuth says #patent are trouble, wrote to USPTO to ask them to change their approach. [link I didn't include in tweet: http://www.scribd.com/Letter-to-the-Patent-Office-From-Donald-Knuth/d/29707]

4. Microsoft co-founder Bill Gates says MS couldn't have grown as it did if patents had existed at the start of company. [link I didn't include in tweet: http://eupat.ffii.org/archiv/zitate/#bgates91]

5. USPTO has multiple examples of granting patents for non-unique, trivial, or prior-art-exists ideas. [link I didn't include in tweet: http://w2.eff.org/patent/wp.php]

@c_9 same could be said about pharmacological patents #swpatent

@c_9 Just like a sword... the good and the bad are in the one who holds it. #swpatent

So I think we need better approach. Not all software patents are bad, not all are good. @jugglenaut agreed on the sword.

@c_9 the ultimate decider in this is the #USPTO. If our patent office were adequately staffed then this debate is moot #swpatent

@Jugglenaut re pharm patents - true. And I have concerns re pharm patents due to cost/suffering in poor countries. No solution though.

@Jugglenaut agreed - the #USPTO needs knowledge/experience to judge, and clearly doesn't have it. #swpatent

@c_9 wether pharma or SW, U have to agree the carrot produces more innovation than the stick. #swpatent

@Jugglenaut LOL @ Spinal Tap! Agreed that carrot more effective than stick. But not all carrots equally effective.

@c_9 From personal experience, the #USPTO places far more limitations on patent claims than the patent ap has when starting #swpatent

@c_9 You should have seen what we wanted to have. Well, you should have seen the cover they *wanted* to do! #swpatent

@c_9 http://bit.ly/8vGzz0 ;)

Something about the patent claims U want versus what you get reminds me of Memorable quotes for This Is Spinal Tap

@c_9 Ah yes, your reward awaits in heaven . I'm not saying some SW shouldn't be passed around freely - just not all. #swpatent

Wanted: software that will give me the contents of an @-based conversation on twitter, but in chronological order, from all users. Possible?

...turns out I had to do it myself. Never again!  Maybe somebody has patented working with XML already...? </irony>