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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Machines, methods and transformations | 354 comments | Create New Account
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Machines, methods and transformations
Authored by: Gringo_ on Monday, November 26 2012 @ 06:44 AM EST

It was interesting that there seemed to be at least broad agreement that something needs to be done about the problem of patent trolls. Even Google took a strong stand on that.

Personally, I was disappointed in Google's stand, because patent trolls are not the only problem, but rather, the problem is patents on software.

It just occurred to me now that patent trolls have made themselves a sufficient nuisance to Big Business that there seems to be a broad consensus growing that patent trolls need to be discouraged. At the same time, many of these same companies don't seem to have any problem with software patents. Companies like Microsoft and Apple are still willing to bet that holding software patents is a plus for them in the long run, even though they do lose the occasional fight.

For me, as a software developer, patents held by Big Business are just as much a problem as the patents held by patent trolls, so I am not impressed when Google takes a stand against patent trolls and not against software patents in general. When Big Business becomes finally convinced that owning software patents is a negative asset we will finally see the end of software patents, and not until then.

Rather than fight software patents in general, Big Business will put bandaids on the problems that benefit mainly the incumbents, or a least solutions that allow them to remain on top and keep the up starts and start ups down.

[ Reply to This | Parent | # ]

never asked for, never wanted,
Authored by: Anonymous on Monday, November 26 2012 @ 04:04 PM EST
I've read this from Stallman before. What does it mean? Are software
patents truly an unsolicited gift? We cannot compare them with manna
falling from heaven because the Biblical manna was wanted. We know
that certain people now want software patents, otherwise they would have
rejected them at the start. Law that was not asked for usually appears
only at epoch-making nation building times. Was the creation of the
CAFC such a time?

I understand the damages part, we can see that all around us.

[ Reply to This | Parent | # ]

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