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A refreshing view of software patents October 1, 2014

Posted by Brian Schar in General.

This is probably the best thing I’ve read on software patents lately: David Stein’s “Disrespecing Software.”


My personal view is that Big Software/EE simply doesn’t care about IP.  They’d rather compete on size than on novelty or IP, so for them they’d rather IP just not exist instead of going to the trouble of patent things and perform freedom-to-operate analyses.  Another key benefit for Big Software/EE is that they don’t have to worry about competition or pay a premium valuation to acquire a smaller upstart competitor, if that competitor isn’t able to assert any IP.

On the one hand, I wouldn’t worry about this as much if it were limited to software/EE.  However, many of the anti-software-patent people have a stated goal of blowing up the entire patent system.  See , for example, http://www.theatlantic.com/business/archive/2012/09/the-case-for-abolishing-patents-yes-all-of-them/262913/

I suppose in that case we’ll see which Silicon Valley company will be the first trillion-dollar corporation, as there will be nothing stopping any of the Valley giants from stealing code or anything else from their competitors outright.  Goodbye, startup culture.


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