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I've always thought FOSS achived patent law's goals | 132 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
I've always thought FOSS achived patent law's goals
Authored by: jjs on Friday, May 18 2012 @ 03:17 PM EDT
Actually patents ARE to get trade secrets out into the
public arena. Back then trade secrets were the sole means
of protection - and often lost when the holder died. Thus
no one could build on them.

The purpose of patents (which are authorized by the
Constitution under Article I, Section 8, Clause 8) was to
"Promote Progress in the Sciences and Useful Arts" - and the
reason you needed patents instead of trade secret (which
already existed) was to get them out.

For some fields patents probably help encouraging
publication, but I agree there has NOT been a lot of true
experimentation. Certainly on the software side the
evidence (without experimentation) is that they do nothing
to "promote progress" since the practitioners of software
consistently refuse to read them - so gain nothing. The
only gain in the software realm is the patent lawyers and
patent trolls.

---
(Note IANAL, I don't play one on TV, etc, consult a practicing attorney, etc,
etc)

[ Reply to This | Parent | # ]

Let's test the hypothesis
Authored by: Anonymous on Friday, May 18 2012 @ 03:22 PM EDT

I've heard Europe doesn't recognize software patents. The US does. Where does insanely great software come from? I'm thinking it's from the US more than Europe.

I hope there's other evidence, because the above paragraph leads in a direction I think is unfortunate.

[ Reply to This | Parent | # ]

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