EFF taking on software patent reform
defendinnovation.org
EFF taking on software patent reform
1–10 of 63 posts
Re: EFF taking on software patent reform
#2Wrong. EFF, this is not what we the members are asking - software patents should be abolished, not changed to "acceptable" terms.
It's just a boil-the-frog strategy. There are no conditions that would make software patents a good thing ethically and economically.
Re: EFF taking on software patent reform
#3EFF's position is too moderate. 5 year monopoly on software ideas? If not even the EFF is willing to take an unequivocal stance against software patents, the trolls and the system will keep their legitimacy.
We should not be afraid to take (seemingly) radical positions. Fear of offending the status quo is what keeps it in place. Not too long ago the idea of patenting a theorem or a gene was dubious; the moderates may only slow the tide, not push it back.
Re: EFF taking on software patent reform
#4EFF's position is too moderate. 5 year monopoly on software ideas? If not even the EFF is willing to take an unequivocal stance against software patents, the trolls and the system will keep their legitimacy. We should not be afraid to take (seemingly) radical positions. Fear of offending the status quo is what keeps it in place. Not too long ago the idea of patenting a theorem or a gene was dubious; the moderates may…
We don't have unequivocal evidence that the status quo is wrong. It is prudent to take small steps and study the effects carefully after each one. Startups are rewarded for being bold. Countries can't take 80/20 decisions on faith.
Re: EFF taking on software patent reform
#5Recently someone posted a link to change.org petitioning the EFF to take a tougher stand on patents:
Petition the EFF to Oppose Software Patents -- http://news.ycombinator.com/item?id=4134873
Re: EFF taking on software patent reform
#6"If the patent is invalid or there's no infringement, the trolls should have to pay the legal fees."
By offering to reduce the time to five years, they are implicitly supporting the idea of using and defending the patent for those five years. You might legitimately think there's infringement and then the court might find otherwise. Calling anyone who goes to court with a patent a troll seems unnecessary in that case.
"Infringers should avoid liability if they independently arrive at the patented invention."
You don't pay damages, and then what happens? Do you still have to get a license or can you keep going because you invented it on your own? Also: how do you prove you independently arrived at the patented invention? Who's burden is it to prove / disprove it?
Re: EFF taking on software patent reform
#7I say, at that point, let the FSF "reform" software patents.
Re: EFF taking on software patent reform
#8EFF's position is too moderate. 5 year monopoly on software ideas? If not even the EFF is willing to take an unequivocal stance against software patents, the trolls and the system will keep their legitimacy. We should not be afraid to take (seemingly) radical positions. Fear of offending the status quo is what keeps it in place. Not too long ago the idea of patenting a theorem or a gene was dubious; the moderates may…
I believe EFF tries to avoid fight back from Big Corps. However, you're absolutely right. Software patents are absurd and should be abolished once and for all.
Re: EFF taking on software patent reform
#9EFF's position is too moderate. 5 year monopoly on software ideas? If not even the EFF is willing to take an unequivocal stance against software patents, the trolls and the system will keep their legitimacy. We should not be afraid to take (seemingly) radical positions. Fear of offending the status quo is what keeps it in place. Not too long ago the idea of patenting a theorem or a gene was dubious; the moderates may…
We don't have unequivocal evidence that the status quo is wrong. It is prudent to take small steps and study the effects carefully after each one. Startups are rewarded for being bold. Countries can't take 80/20 decisions on faith.
Whatever the direction the evidence points to, it's likely massive. The real problem is to sort it out. In this respect, I very much like EFF's proposition to conduct a study about the effects of software patents on the economy. (Personally, I'd do that for the other patents for copyright as well, as well, but narrowing the field has its benefits.)
While the EFF is prudent, I expect a proper study to yield much bolder results, with the evidence to back them up.
Re: EFF taking on software patent reform
#10If we're going to be moderate about this, the source code should need to be public and open sourced after the term of the patent expires.