Windows vs. Linux: The Patent Tax (Software Freedom Law Center)

Windows vs. Linux: The Patent Tax (Software Freedom Law Center)

Posted Apr 18, 2007 20:07 UTC (Wed) by mikov (subscriber, #33179)
In reply to: Windows vs. Linux: The Patent Tax (Software Freedom Law Center) by martinfick
Parent article: Windows vs. Linux: The Patent Tax (Software Freedom Law Center)

I am not so sure. Non-software patents are about "aspects of technology that involve concrete laws of physics rather than abstract laws of thought" (quoting from Knuth).

On the practical side, non-software patents typically require significant investment to create and more importantly to implement. For example an ordinary person is not likely to violate a non-software patent in his basement - it is just not feasible.

Patents are about balancing the benefits to society and the inventors. It is not about perfect fairness or freedom, but about allowing society to function. With software patents the balance has shifted unacceptably in one direction, so they no longer serve their purpose.

On the other hand there is no conclusive evidence that patents in general (non-software ones) are detrimental.

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