Prior art won't solve the software patent problem (NewsForge)
Posted Sep 21, 2006 9:26 UTC (Thu) by nim-nim
In reply to: Prior art won't solve the software patent problem (NewsForge)
Parent article: Prior art won't solve the software patent problem (NewsForge)
"I have to admit, I'm with RMS on this front. The problem with software patents is not that there are patents ignoring prior art. [...] I think Lawrence Lessig cited someone else, who observed that the easy proof for the failure of software patents is, that software developers don't look up patents, while they are developing software. [...] Software patents simply mean there cannot be open-source software, which is not backed by big companies like Intel or IBM, which have huge patent portfolios on their own."
Setting up prior art databases will only up the arms race, concentrating power in large firms and specialized patent troll companies (which will be able to afford the human resources necessary to master this new tool), and making actual patent handling even more removed from R&D/developpers.
I imagine Kruchev's "We will bury you" felt good too. Would have been better off refusing to play the superpower game though.
My advice is : when you want to play David vs Goliath, make sure you actually are Goliath - the usual ending is not the one in the book. On the software patent front most patent lawyers are on the other side.
Playing by the patent office rules will get us nowhere.
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