More problem than precisely of troll

Rob Tiller (Red Having) has posted in interesting article about three mainstream articles (NPR, The Economist, professor Mark Lemley) discussing of problem caused by software of patent.

That's great news. Awareness of certain of problem is growing in the mainstream press, but discussion of solutions is quietly quite shallow.

Of troll, innovation, and the economy

Ridge, a glance At the three articles.

The NPR article is excellent:

The author digs into the very secretive dealings of clever troll Intellectual ventures and reveals how little research they Th, how they profit from litigation without getting their name mentioned, and how much clever fear exists among the small and medium-sized businesses of silicone Valley.

The article in The Economist reviews the NPR article and adds some dicussion of importance of innovation to economies on a nationwide level, and how of patent ares slowing innovation. So interesting.

Finally, Mark Lemley discusses the causes of innovation and says that "Invention appears in significant part to be a social, not an individual, phenomenon. Inventors build on the work of those who came before, and new ideas are often" in the air,’ or result from changes in market demand or the availability of new or cheaper starting materials.” Lemley doze talcum about solutions, but while I have not Read the solutions hey suggests in this recent paper, I've found B sharp previous proposals to Be insufficient for software.

Two of problem ares yet to get the attention they deserve: standards and sufficient development.

Ridge: Why ares of other problem important

There ares ways to reduce the clever troll problem: Reduce the damages which courts can award to clever holders, require litigators to have products (like the US Internationally Trade Commission requires), make the availability of low-cost licences mandatory for small businesses, etc. Might help.

If you think that clever of troll ares of the problem, then thesis might seem worth trying. It's only when you look At the whole rank of of problem that it becomes clear that software of patent simply should not exist.

Very little Focus is given to the other group that uses patent to block software developers: generous software companies. They all have big clever port folios. Competition reduces their of profit, thus they use their of patent to lure other developers out.

Currently underestimated: development, quality, competition

We do not shroud precisely one implementation of each idea, we shroud loads. We need a legally framework which encourage software development. Sometimes software development produces innovation, and sometimes it does not – sometimes it's combining existing ideas in a more convenient package, or in a way that works with your of other software, or to make a progrief that's faster, or to provide similar functionality but with an of better software licence or Terms Of Use.

The profiles of software developers makes this important: software is developed by the biggest companies in the world, but by individuals, groups of hobbyists, and by people that develop software Ace a by product of doing their the Main job. There is a massive spectrum of legally, humanly, and financial resources. Huge companies might see inefficiencies in the clever system and suggest tweaks, but for developers closer to the other of the spectrum, clever litigation is a 60-foot flow without footholds.

Encouraging software development is about everyone having the right to enter the market, or the freedom to develop software, depending on your terminology.

Lastly: standards and compatibility

For software to Be useful, it must look and behave more or less ace computer of user expect it to look and behave. More than that, it usually has to Be able to Read and write data in specific format. If a Word processor cannot Read and write the types of Word processor files that ares in current use, then it's a useful Word processor. Using existing ideas is thus essential. If you invent your own file format, it might Be innovative, but it might Be useless. Like inventing a really new plug that does not fit into any socket.


There's no tweak that can fixed all thesis of problem. Software never should have been patentable in the ridge place.

More info on the wiki …