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Can do vs. Will do | 1347 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
patents are toxic waste
Authored by: Anonymous on Tuesday, June 12 2012 @ 02:59 PM EDT
But maybe it wouldn't have taken decades if we gave them a patent. Maybe they would have done it 30 years ago, and the patent would have expired after 20 years, and we would have had the results 10 years earlier than we do now. :)
I know you are joking here, but honestly, those creators would be insulted to hear something like that. It took them decades because it was hard. Patents would either have no effect (because they would ignore the whole stupid system) or just discourage them from ever doing it in the first place.

You should really watch that documentary. Its about people who started out as pirates, cracking and illegally distributing computer software. And they started competing with each other to make the most impressive "intros" to put on their illegally-distributed software (boasting of their achievements). And they discovered that making and sharing those, was actually more interesting than the cracking or the games being cracked. And so they switched to just making and sharing art.

Nobody doing this was ever motivated by money, or by patents, or even by recognition from the world at large (because most of the world can not even comprehend how hard it is to do what they do, or comprehend their motives for doing it). They do it because they are driven to do it, just like any great artist is driven to create.

[ Reply to This | Parent | # ]

Can do vs. Will do
Authored by: Anonymous on Tuesday, June 12 2012 @ 03:13 PM EDT
Even after decades, those crazy programmers are still discovering new things they can do with old machines like the Commodore 64 and Nintendo Gameboy. The machines were always capable of doing these things, but it took *decades* of effort by the programmers to discover how to instruct them to do it!
But maybe it wouldn't have taken decades if we gave them a patent. Maybe they would have done it 30 years ago, and the patent would have expired after 20 years, and we would have had the results 10 years earlier than we do now. :)

That is pure speculation without any supporting evidence. Look at how many companies that do patent searches these days. Look at how much funds go into defending against patent trolls. What are the actual evidence that software patents accelerate the process?

All the evidence speaks for that if there had been software patents 30 years ago then the innovative stuff happening then would not have happened. Your hypothetical beneficial situation is pure fantasy since with software patents the patent deadlock we see today would have suffocated the software industry and the building steps need for advances seen today would not have happened until the software patents expired.

[ Reply to This | Parent | # ]

Can do vs. Will do
Authored by: RMAC9.5 on Wednesday, June 13 2012 @ 04:50 AM EDT
Anonymous said
But just because I had to do hard work, and discover novel algorithms or think up new ideas, in order to come up with a sequence of instructions that make the computer do what I wanted -- that doesn't mean my instructions should be patentable. They are copyrightable. And it also doesn't mean my computer has a new "capability". It means I have discovered a set of instructions that makes it exercise a capability it always had.
mrisch said
I agree with you on all of this - to this point: "that doesn't mean my instructions should be patentable." I won't rehash why, that's been covered.

Thank you Mr Risch for participating in this discussion. I have been really, really impressed with your patience and the amount of time you have spent in replying to our comments. Please try to listen and understand our comments and concerns because we (collectively) are the "person having ordinary skill in the art"; the true computer software experts who aren't being listened to; and, as PJ mentioned in a comment to you, the "canaries in the coal mine".

I have been an application software developer for over 35 years and completely agree with you that my "hard work, novel algorithms, and new ideas" deserve to be protected. I once wrote a program which read text description and data files; used the description files to create simple data bases and load programs; loaded the data bases from the data files and finally listed the data base contents so that users could verify that their text data had been loaded correctly. Was I proud of this program? You betcha! Did it deserve software copyright protection? You betcha! Did it deserve software patent protection? Heck no! My program was written for a specific computer language, operating system, and hardware combination. To prevent other developers from using "my idea, my invention, my solution" for their language, operating systems, and hardware combinations is wrong, wrong, wrong.

As I mentioned in an earlier post that you replied to, software patents (as currently written, filed, and litigated in today's world) paint with a brush which is way too broad for a healthy, competitive, and innovative software environment. The little guys, the true inventors and innovators who created the Internet and the wonderful Information Age that we now live in, will be frozen out by the mega-corporations and patent trolls who control these software patents.

[ Reply to This | Parent | # ]

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