Software patents are like allowing railroad companies to patent how far apart their rails are. In other words - they discourage interoperation in an industry where interoperation is manifestly in the public interest.https://twitter.com/seldo/status/1084940413633363968 …
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Because just like the historical cold war, the real losers are the small players - in this case, the startups & small companies who can't afford to amass a huge patent portfolio. Software patents discourage innovation and encourage corporate consolidation.
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Remember - Oracle bought Sun 100% for its patents. Oracle didn't (and still doesn't) give two shits about any of Sun's products or people.
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End of conversation
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Fun fact: in New Zealand in 2013, we removed the ability to patent software designed for a general purpose machine.
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I've tended to feel the answer is rather "patent what you like, but software can't infringe". Yes, there are edge cases around what's software and what's firmware...
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