Comment by TheMagicHorsey
24 days ago
Anyone who has ever taken part in a software patent litigation ... or in the creation of a software patent, knows intimately that its a bunch of bullshit.
The boogieman that software patent advocates raise is that IP theft and free riding will destroy America if we don't have patents. But literally nobody is creating software to get a patent on it, and software patents don't stop anyone from replicating software.
Instead software patents are just a way for mediocre lawyers to live parasitically off the tech industry.
Imagine a world where we were so worried about bullying that we created a department to monitor all speech on the Internet, and you had to run your speech past lawyers for approval before saying anything. And you could be sued for saying anything by anyone if you didn't get lawyer approval. That would be a world with dramatically less bullying than the Internet today. AND a much worse world with much less communication. AND in that alternate world, the lawyers would argue that there would be more bullying if we put that ridiculous system to an end. And they would be right that there would be some more bullying, AND it would also be right that that degree of bullying would be worth it to have free speech.
Similarly with patents. Yeah, on the margins there might be more IP theft. SO WHAT. This system right now sucks.
It feels more like an arms-race to me. Where I work we patent stuff for defensive purposes only, so we have something when we get sued (and we have been). Maybe that's just another boogieman, but it seems unless everybody stops nobody can.
China has basically no domestic patent litigation. The way you stop the litigation is to just remove the legal rights associated with patents. Let everything become a free for all. China is just lapping everyone else right now. The lack of strong IP rights is not hurting them. Companies over there are not suffering due to not being able to invest in technology. They invest despite not having strong IP protections. Not because they have strong IP protections. And they know they can't get a monopoly with a piece of paperwork ... a patent. So they continue to innovate at a breakneck pace just to stay ahead of everyone else.
America needs to learn how to evolve our system of industrial production. Our society of lawyers and paperpushers is going to get annihilated in the next ten years at this rate.
If it's really for defense you don't have to go to the expense of patenting stuff, disclosure is enough. IBM used to publish Technical Disclosure Bulletins (TDB) - I assume for patent defence.
Alas, that only ensures that you cannot be sued for the disclosed invention. You cannot use it to counter-sue and reach a settlement.
I do not like it one bit, but that does seem to be state of the software world right now.