[clug] Re: [Linux-aus] FOSS patent infringements
xanni at glasswings.com.au
Wed May 16 01:09:44 GMT 2007
Janet Hawtin wrote:
> It does beggar belief that patent proponents do still promote the
> system as a means to promote innovation and still deny that it is a
> means to quash others in your market space.
> In an a-backwards kind of way Ballmer's MS is highlighting just how
> foobared the whole box and dice is. Interesting times.
I note that patent law specifically provides that patents are intended
to "teach" the method(s) in the patent. However there is little
evidence that programmers *ever* look at patents, in fact these days
they are encouraged *not* to look at them to reduce the danger of triple
damages for wilful infringement. Therefore it appears that the public
benefit claimed as a justification for the establishment of patents is
almost completely absent in the case of software patents - they
definitely impede innovation, and rarely or never encourage it.
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