THE Lodsys troll has been useful in the sense that it encourages people to actively call for the end of software patents. As more lawsuits get filed by this patent troll (Lodsys carries on with yet more lawsuits in Texas, of course), one venture capitalist says that "Enough Is Enough" and to quote him from his blog:
I believe that software patents should not exist. They are a tax on innovation. And software is closer to media than it is to hardware. Patenting software is like patenting music.
The mess around the Lodsys patents should be a wake up call to everyone involved in the patent business (government bureaucrats, legislators, lawyers, investors, entrepreneurs, etc) that the system is totally broken and we can't continue to go on like this.
First of all, the idea of a transaction in an application isn't novel. That idea has been resident in software for many years. The fact that the PTO issued a patent on the idea of "in app transactions" is ridiculous and an embarassment.
He's absolutely right.
We've all know the problems with the patent system. Anything and everything gets patented without regard to the merit of the idea or who actually came up with it first (as opposed to filed it first). Patent trolls go wild, racketteering startups and innovators (the opposite of what the patent system was supposed to do, reward the little guy). Big tech companies amass patents like so many nuclear warheads in an unending, resource-swallowing Cold War.
Some people claim it's better to "reform" the system than abolish it.
But that's not true. At least for software, patents make zero sense.
A great example of a creative industry without patents is fashion. People copy each other all the time. Do fashion houses go bust? No. Do innovators go poor? No, they keep innovating at an even faster pace.
Software companies also copy each other all the time, and straight copycats don't generally do well. (And when they do, it's usually not just copying the idea, it's also great execution--ain't nothing wrong with fast followers, who bring competition to markets.)
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from the European Commission, which foolishly enough endorses RAND. It says that "intellectual property rights essential to the implementation of specifications are licensed to applicants on a (fair) reasonable and non-discriminatory basis ((F)RAND), which includes, at the discretion of the intellectual property rightholder, licensing essential intellectual property without compensation." Something has gone slightly rotten in the Commission [1, 2]. ⬆