There is nothing particularly new about this issue, but I’ve collected enough stories on the subject to warrant another attack against software patents. The more people that know just how dangerous they are, the more likely that someone in power will notice and do something about it. (or at the very least, stop some even worse law from being added by inept un-knowledgeable politicians trying to get votes, and listening to paid industry lobbyists.)
Big companies like IBM and Microsoft love software patents, they can use them for two primary reasons, one is as a defence; If someone litigates against you, they should make sure that they are not infringing any of your patents or they will face a counter suit. And as an attack; If a competitor is taking market share from you, and you want to turn the tables, finding a patent infringement and litigating for damages is often a useful way to get started. IBM has one of the biggest patent portfolios, but to the best of my knowledge they only use it for litigation defence and licensing. Microsoft has a huge and growing patent portfolio, and thus far have really only used it for defence and licensing as well. Although there is much speculation that they will be using it to attack Open Source software like Linux, Samba, Apache, Mozilla and OpenOffice.org. In some ways they are already using it to fight open source as can be seen in the recent SenderID anti-spam issue covered here.
The question people should be asking, is: Should patents be granted for things like “Double clicking your mouse button” or the local collection of registration information which is later uploaded to a remote server, or a Window containing a “to-do” list. and online voting systems?
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