Comments on: How to tell that software patents are a bad idea. http://www.rants.org/2007/05/01/how-to-tell-that-software-patents-are-a-bad-idea/ Thoughts, musings, and rants by Karl Fogel Fri, 12 Mar 2010 10:46:01 +0000 http://wordpress.org/?v=3.0-alpha hourly 1 By: Karl Fogel http://www.rants.org/2007/05/01/how-to-tell-that-software-patents-are-a-bad-idea/comment-page-1/#comment-77501 Karl Fogel Fri, 21 Aug 2009 16:57:38 +0000 http://www.rants.org/2007/05/01/how-to-tell-that-software-patents-are-a-bad-idea/#comment-77501 Thanks for the comment. I'm trying to make the argument based on facts, actually, which is why I cite others' experiences. Note that most of the arguments <em>for</em> patents are based on opinion or abstract reasoning too. I haven't seen a presentation of facts that supports the current patent system. Of course, this is partly because facts are so hard to come by. These things are very hard to measure. I'm suspicious of the "innovation is the goal" argument. Innovation is less useful when not everyone is free to take advantage of that innovation. Also, innovation is also never <em>de novo</em>: it is based on existing work. The patent system thus impedes innovation, too; can you be sure which effect is stronger? It is not a given that inventors need to be given any kind of monopoly at all. There was no shortage of inventiveness in the world before patents. (There were sometimes inventors who tried to keep their inventions secret; but that is once again true in effect, in the sense that now so many patents are filed, and are written in such impenetrable language, that the patent database is the last place other engineers would look for technical help.) Thanks for the comment. I’m trying to make the argument based on facts, actually, which is why I cite others’ experiences. Note that most of the arguments for patents are based on opinion or abstract reasoning too. I haven’t seen a presentation of facts that supports the current patent system. Of course, this is partly because facts are so hard to come by. These things are very hard to measure.

I’m suspicious of the “innovation is the goal” argument. Innovation is less useful when not everyone is free to take advantage of that innovation. Also, innovation is also never de novo: it is based on existing work. The patent system thus impedes innovation, too; can you be sure which effect is stronger?

It is not a given that inventors need to be given any kind of monopoly at all. There was no shortage of inventiveness in the world before patents. (There were sometimes inventors who tried to keep their inventions secret; but that is once again true in effect, in the sense that now so many patents are filed, and are written in such impenetrable language, that the patent database is the last place other engineers would look for technical help.)

]]> By: Eric http://www.rants.org/2007/05/01/how-to-tell-that-software-patents-are-a-bad-idea/comment-page-1/#comment-77425 Eric Thu, 20 Aug 2009 21:18:16 +0000 http://www.rants.org/2007/05/01/how-to-tell-that-software-patents-are-a-bad-idea/#comment-77425 I disagree with many of the arguments you have made in this article as they are largely based on opinion. However, I appreciate the intellectual stimulation this article provides and look forward to reading other articles. Remember when you criticize protection of any type of IP that without the incentive, less innovation will be made. In regards to the patent length, inventors need to be given a fair amount of time to recoup a return on their investment of both time and money. I disagree with many of the arguments you have made in this article as they are largely based on opinion. However, I appreciate the intellectual stimulation this article provides and look forward to reading other articles.

Remember when you criticize protection of any type of IP that without the incentive, less innovation will be made. In regards to the patent length, inventors need to be given a fair amount of time to recoup a return on their investment of both time and money.

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