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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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But you should be careful | 198 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
But you should be careful
Authored by: pem on Wednesday, January 02 2013 @ 08:56 PM EST
As many good politicians have said in the past, you should be careful about
questioning the motivations of the people you are debating.

The right answer is to explain how software patents, certainly as currently
implemented, and quite likely under any expected implementation, are detrimental
to the country, the economy and the citizens.

If you start making it personal, then it will come back personal, and you won't
get anywhere.

For example, let's take the converse of what you just wrote:

"I suspect that those software developers who hate s/w patents would:

1. Never be able to hold a s/w patent or patents.
2. Know they are incapable of being original enough to someday hold one.
3. Are somehow profiting from stealing others' efforts by infringing on their
brilliant s/w patents."

Now, we know that's not true of a lot of people who hate software patents. But
what you wrote is also not true of a lot of people who think they are OK, and if
you paint those people with a broad brush like that, you will anger them. For
no good reason. So it's best to not go there in the general case.

This doesn't mean it's a bad idea to point out that Microsoft loves them because
they can employ them for anticompetitive purposes, just that it would be bad and
not necessarily true to say that "any company which thinks software patents
are OK wants to employ them for anticompetitive purposes."

[ Reply to This | Parent | # ]

  • But you should be careful - Authored by: Anonymous on Thursday, January 03 2013 @ 06:41 AM EST
    • No - Authored by: Anonymous on Thursday, January 03 2013 @ 09:55 AM EST
      • No - Authored by: Anonymous on Thursday, January 03 2013 @ 10:43 AM EST
        • No - Authored by: Wol on Thursday, January 03 2013 @ 02:07 PM EST
  • There's no doubt - Authored by: albert on Thursday, January 03 2013 @ 01:26 PM EST
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