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Poll: Do you support software patents?

news.ycombinator.com

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Re: Poll: Do you support software patents?

#41

Post by anamax »

rkalla wrote: post #24

I have a hard time with this topic. Of course the only thing that ever gets covered in main-stream tech media is the abuse by patent trolls suing Company X because they are using their "electronic key-input device" patent to type on their computers. We all roll our eyes and go "Damn these patents! DAMN THEM!" But then I think of the purpose of the patent system in general: to protect and encourage innovation. I think…

> I believe this is the same way with patents in manufacturing. Someone correct me if I'm wrong, but I think you need to produce the mechanical process you are patenting and at least show it is viable before patenting it?

Not really.

Oh, you can't patent a perpetual motion machine, but you can patent an improvement to a process without showing that you can implement the whole process.

Suppose that I come up with an improvement in making steel in massive amounts. Do you really think that I shouldn't be allowed to patent it without building a large steel mill? (Two interesting cases are the lone "nut" and a university researcher.)

Re: Poll: Do you support software patents?

#42

Post by monochromatic »

nh wrote: post #35
mrcharles wrote: post #16

I can't stand the idea that I might be at my computer, working with code, and develop something independently which later causes me to get sued. Abolish all software patents. edited to add "software".

devils advocate: What if you independently came up with tablet like device and called it an 'iPad'

That's not a patent question.

Re: Poll: Do you support software patents?

#43

Post by aneth »

I think it's highly unlikely the patent office would ever have the sophistication necessary to distinguish a truly new approach to an algorithm or architecture from a derivative one.

Additionally, there is so much depth and breadth in CS that innovation happens everywhere and is often hidden in the bowels of universities, garages, and offices. Even an apparently novel invention is unlikely to be invented only in one place, or to be invented first by the entity that files for a patent.

Re: Poll: Do you support software patents?

#45

Post by kevinpet »

ry0ohki wrote: post #14

My vote would be "Yes, if the Patent office approved only real innovative things". For example if I come up with some revolutionary face recognition technology, that seems novel enough to be patented. But if I just make a form with a submit button (Google's Patented home page), or Amazon's one click purchasing those are just ridiculous as a patents.

If google really has a patent on that home page, I'd suspect it is a design patent, which is an entirely different kind of beast. It's more like trademark rights.

Re: Poll: Do you support software patents?

#47

Post by postfuturist »

anamax wrote: post #36
mrcharles wrote: post #16

I can't stand the idea that I might be at my computer, working with code, and develop something independently which later causes me to get sued. Abolish all software patents. edited to add "software".

> I can't stand the idea that I might be at my computer, working with code, and develop something independently which later causes me to get sued. Abolish all patents. I can't stand the idea that I might be in my shop/lab, working with metal/wood/plastic/chemicals, and develop something independently which later causes me to get sued. Abolish all patents.

Yes, patents infringe on people's rights, to foster innovation. Getting to patent something isn't a right, it's a privilege. As you've illustrated, all patents are inherently undesirable--at least for certain parties. And I agree. They should be abolished.

Re: Poll: Do you support software patents?

#48

Post by [deleted] »

nh wrote: post #35
mrcharles wrote: post #16

I can't stand the idea that I might be at my computer, working with code, and develop something independently which later causes me to get sued. Abolish all software patents. edited to add "software".

devils advocate: What if you independently came up with tablet like device and called it an 'iPad'

[deleted]

Re: Poll: Do you support software patents?

#50

Post by Zaak »

rkalla wrote: post #24

I have a hard time with this topic. Of course the only thing that ever gets covered in main-stream tech media is the abuse by patent trolls suing Company X because they are using their "electronic key-input device" patent to type on their computers. We all roll our eyes and go "Damn these patents! DAMN THEM!" But then I think of the purpose of the patent system in general: to protect and encourage innovation. I think…

The problem with this approach is that the most offensive and problematic software patents are those which are trivial to implement.
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