Software patents

[lost-and-found]

Hey guys, for my english class I will be writing a persuasive paper on software patents. I need to use primary sources and a poll. I want to use this thread to kill 2 birds with one stone, so I'll make this thread a poll about software patents and my sources finder.

If you don't know, a primary source is a source that has direct experience with the topic. For example, a direct source is not a statistic from the encyclopedia, but a programmer, for example, who has experienced either harm or gained from software patents.

I know there are several members here who have been threatened with a lawsuit because of software patents. And I know there are probably several of programmers who believe software patents are a good thing. If I could have both of the sides PM me please because I need to ask you few questions. I only want the people who were directly influenced by software patents, so please don't PM me national statistics etc. Unless, of course, you want to put me in touch with someone you know who might be a direct source for the essay.

All help is greatly appreciated.

BTW, anyone can take the poll

[lost-and-found]

anyone willing to help? Look at my avatar, you wouldn't want IT to drop by, would you? MUAHAHAHAHAHAHAHAHAHahahahahahahaha

[lost-and-found]

please guys/gals, I really need help from yall....

[Graham]

I have no idea LaF, seems to me that having some parts of the code copyright will spur others to write similar stuff, they may just get a better result.

[lost-and-found]

Thanks for your reply G....I wish more people replied

[willy_ph]

I personally haven't been threatened with a patent infringement lawsuit, but I have studied, albeit slightly, the grounding of intellectual property law, which includes patents. So here goes my reply.

In the beginning, patents were created in order to establish a public domain of free knowledge. In order to create such a public domain, individuals would be granted exclusive rights to their invention. While they held their patent they had exclusive rights to the licensing and sale of their invention. After a period of time, an individuals patent would expire, releasing their invention/knowledge into the public domain for free use.

However, recently, this has not been the case. Private interests (read: business) have petitioned governments to increase the length that an individual/company can enforce their patent rights, essentially undermining or attacking the premise of a public domain. In the US this is best evidenced, the Sonny Bono Copyright Term Extension Act (SBCTEA).

Ultimately, this has a chilling effect on innovation. How do you say? Through vicious ligitation by individuals and corporations with patents who are intent on enforcing their rights. Is this wrong? It depends on your position. If you side with business, then clearly it is not. However, if you are an individual who has a vested interest in the existence of a public domain of knowledge and the use of such information, or an individual who wishes to create and is fearful of possible litigation, then yes.

It is the individual who wishes to create and is afraid of a lawsuit that is prevented from creating. For this individual, the benefits of creating a program far outweigh the possible financial costs of a lawsuit, as such they don't innovate. This is how software patents in particular, have a chilling effect upon innovation.

How do I think it should be rectified? By reducing the length of time an individual or company can hold a patent on software. The rapid change in technology today should call for a decrease in the length a patent for software can exist. As the technology rapidly changes, innovations and software quickly become obsolete and outdated. As such, information should be released to the public domain to keep up with the pace of technological change.

All of this is in my opinion though.

[lost-and-found]

wow, great reply willy...will help me greatly in the writing

thanks

[willy_ph]

Just as an aside, its also patent law that has led to additional foolish laws such as the DMCA, which was developed to aid in the enforcement of patent law.