Google: It may be time to abolish software patents
46 replies, posted
They should not be abolished. They should simply expire after a year or two OR expire whenever the method described in the patent becomes too mainstream.
Abolishing software patents entirely would allow big corperations to steal works from small startups and improve it 1000x using their huge amount of employees. It would make new startups almost impossible.
I think the best idea would be to do it so that the patent claimer should be given a limited time to develop the contents of the patent. After that, they can hold the patent for a limited time, two years at most, then the patent is opened. If they can't develop it within the allotted time limit, they lose the patent.
This means that firms can't sit on patents for eternity never using them, and those that do can't use it to lock other developers out, while still giving them a time of exclusivity to profit off their creation
fuck patents in videogames
fuck you Namco, we'll have all the goddamn minigames ever on our loading screens
fuck you, Sega, for patenting directional arrows
Carmack had to replace 3 lines of code or so in the Doom 3 source release to avoid a software patent. That he independently discovered. That was named after him.
[QUOTE=areolop;37344042]I think we just need to wipe Apple's patents off the books. They didnt innovate anything.
If Apple's patents are gone then we would have 90% less fighting[/QUOTE]
Apple is a small player when it comes to patents, other companies like Samsung and IBM own many times more patents.
Software patents enable extremely ridiculous lawsuits but also help when someone comes along and completely copies someone elses interface.
[QUOTE=Amiga OS;37349950]When was the last time IBM went on a manic litigation spree?
You have a point with Samsung though, they are just as bad as Apple.[/QUOTE]
IBM has been quiet, but I'd wager that's because they're signing agreements over the patents, rather than taking the issue to court.
We only ever hear about patent issues when they go to court, but I'd say that outcome is actually a minority, vs. a cross licensing deal being signed.
Edit: Either way software patents are pretty horrible, but I just don't like the "Company X has been in the media more than Company Y, so they're worse" metric.
[QUOTE=Amiga OS;37349950]When was the last time IBM went on a manic litigation spree?[/QUOTE]
corporations are constantly undergoing litigation. the difference is that Apple has cultural weight so any self-proclaimed news source is going to report on it to get views.
corporations have huge legal departments for a reason.
[QUOTE=TheDecryptor;37349427]Apple is a small player when it comes to patents, other companies like Samsung and IBM own many times more patents.[/QUOTE]
"Own", yes, but Apple is a more major player for funding patent trolls like the Rockstar Consortium.
Ownership =/= ability to leverage patents offensively. Sorta the opposite, actually, because you can be countersued if you produce something that arguably infringes your competition's patents. Proxy companies that produce nothing can sue with impunity on your behalf.
[QUOTE=Amiga OS;37349950]When was the last time IBM went on a manic litigation spree?[/QUOTE]
[URL="https://www.npr.org/blogs/money/2012/08/01/157743897/can-you-get-a-patent-on-being-a-patent-troll"]They're getting ready for one.[/URL]
[QUOTE=No_Excuses;37350107]Software patents enable extremely ridiculous lawsuits but also help when someone comes along and completely copies someone elses interface.[/QUOTE]
It's hilarious that this is the most prominent example when it's actually the least important part. It's much like games having the same menu-layout (y'know. Single-player at the top, Multiplayer as second and options/extras below.) Or their button mapping.
Corporations have been abusing patents for too long anyway.
fucking google with their constant shit rms would slap their shit
[QUOTE=MahBroAdolf;37352670]fucking google with their constant shit rms would slap their shit[/QUOTE]What?
Software patents should be [I]hindered[/I], not abolished.
At the moment, companies can patent outrageously vague and abstract ideas (Apple's square with rounded corners). Software patents need an extremely large reform, rather than removal, otherwise companies and people may genuinely steal ideas and frameworks.
Patents were originally put there to protect ideas from being stolen.
Rather than abolish this, it would be better to fix it.
[QUOTE=TheDecryptor;37349427]Apple is a small player when it comes to patents, other companies like Samsung and IBM own many times more patents.[/QUOTE]
admittedly some of the top dogs are
Intel
Microsoft
Nokia
Yeah I'm sure they'd love to abolish software patents after spending a couple billion on Motorola.
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