The following rant has been brought to you by a Groklaw
story of the same subject matter. Read that and this League for Programming Freedom page for information and arguments that are more well thought out than mine.
Software patents are a BAD idea. Tamara's Mom tried to defend
software patents by say that if people invent something they should
get credit for it. Ok, great. The problem is that so often patents are
traded around by corporations in the same way kids trade baseball
cards or pogs or whatever the hell the new hotness to trade is these
days. So some company, oh say, Kodak, can buy some company, or it's
holdings or whatever. Maybe Wang Laboratories? And then they have some
patents sitting around, and business is kind of going downhill, so
they look at the patents and say, hmmm, who can we sue?
Oh, I know, how about Sun! So the long and the short of it is that
Kodak sues Sun and wins, because Kodak holds a patent describing how
software can ask other software for help. That seems like a natural
extension of interprocess communication to me. Once you have sockets
or shared memory or whatever, of course software is going to start
talking to each other. So in the end, Sun spends huge money and time
developing Java, and now they have a huge patent royalty burden
looming. And Kodak gets a whole bunch of free money! Yay!
Patents were intended to encourage innovation by guaranteeing a
temporary monopoly on an invention. An inventor should be able to
market a product for enough time that they are able to recover
development costs and make enough of a profit so that more research
and development can be funded to make more inventions. That drives a
market forward; progress.
Now instead there are companies that buy patent rights and sit on
them, some times long enough that other companies start developing
products or technology that use the patented "invention." I'm willing
to bet that these other companies aren't even aware of the patent they
may be infringing upon, since different people can arrive at the same
idea at approximately the same time (Newton vs. Leibniz for
example). The patent holder might now pounce on its unsuspecting
victim, demanding patent royalties for a product that they had no hand
in inventing, producing, or marketing. Free Money (except for
lawyering costs).
This behavior is a problem with patents on things that are real
too, not just software. IBM holds hundreds or thousands of patents
which they can use to crush competition if they wish. The result is
that people developing new products must do extensive patent
research to make sure they won't be infringing, or to find the patent
holder to arrange a licensing deal. The alternative is to simply not
to anything grand that might infringe on some patent. The question is,
is it worth doing a whole bunch of work and spending a bunch of money
to get some new product to market, which may or not succeed on its own
merits, but which may also be subject to attack by patent profiteers?