Poll: Do you support software patents?

I'm working at the moment, so can't refer to the book; if anyone else has it handy, please supply said quote. :D

That's a very interesting point(s). Again, arguing from a devil's advocate POV. People who are generally against software patents commonly make the claim that it stifles the innovation of the single person, sitting in the their dank basement working on the next-best-great-thing (see other comments in this topic for examples, including a rather brilliant quote by Carmack).

In terms of collaboration, sure, patentable ideas/software often exist due to collaborative team efforts, just like patentable physical widgets like industrial egg fryers. But that team is generally paid for by one company and the patent is then assigned to that company.

There really appears to be a few major issues that I see with the present system:

1) Patents are transferable

2) Patents aren't researched enough against prior art before reward

3) Patent length is too long

4) Fighting bad patents is expensive and overly hard, even when armed with tons of prior art

5) Patents don't necessarily need an extant physical or implemented example to be granted.

6) Patents can be granted without the intention of implementation.

I think for real patent reform to work, these 6 points need to be addressed to keep the concept of patents (risk in exchange for exclusivity) a workable model:

1) Patents shouldn't be transferable -- this eliminates patent trolls

2) The Patent Office needs to be properly funded and given enough time to properly research patents before grant.

3) Patents (like copyright) needs to be shorter and dependent on the effort required to create the patent in the first place. For example, software patents should probably only survive 12-18 months. That gives the owner a risk/exclusivity that's long enough and if the idea proves valuable, opens it up for others to use (and improve the economy as a whole) within a reasonable time. In other words, this recognizes that risk doesn't just end at the grant of a patent. Actually doing something with the patent is important.

4) Appealing bad patents should be relatively simple and swift.

5) You should actually be able to demonstrate something that's patented.

6) If you don't use the patent in a business use-case, you lose it. A bit like Trademark.

Just some random ideas.

I think that software should only be protected by copyright if the source code is placed in escrow and made available when the company goes belly-up or when the (strictly limited) copyright period expires.

I think that the patent system needs to be thoroughly reformed so as to do a better job of covering software, hardware, and a blend of the two. John Carmack's example is compelling but if patents were handled properly the odds of such a thing occurring would be as remote as the odds of doing the same thing in your backyard workshop with a lathe.

However, if I independently develop a piece of software or an algorithm, there is a very strong chance that it took me the exact same amount of time and effort as the person who originally solved it.

These two instances are completely different. What about the hardware engineer who independently developed a piece of hardware? It would take him around the same amount of effort to create it as the original. Just like the software engineer who cribbed an existing design would have to do much less work than the original.

0% of the differences in effort have to do with physical vs software, and 100% to do with what references you have available to you before you get started.