Software Patents

NightFalcon

Senior member
May 22, 2004
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Just been reading a few articles regarding patenting of software in Europe and thought I'd bring it up as a good debate topic. As a software developer I ma actually a little frightened by the fact that big companies are capable of getting patents such as the one we recently (well... a while back :)) saw being used by Kodak. Regular patents have the distinction of being specific object which does some task X. With software, you have the does task X part, but it isn't a specific object. Where should the line be drawn and where do you stand on this issue? Also, if there is someone out there who thinks software patents are a good thing, could you please state your reasons? I have a hard time coming up with any.

P.S. I know this isn't about election, but maybe a break from that? Anyway, seemed more of a political issue to me so that's why I put this here :)
 

NightFalcon

Senior member
May 22, 2004
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When did patents encourage creativity? They were always a way for the original creator to control his invention, make sure that no one else takes credit for it.
 

tallest1

Diamond Member
Jul 11, 2001
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Originally posted by: NightFalcon
When did patents encourage creativity? They were always a way for the original creator to control his invention, make sure that no one else takes credit for it.
patents encouraged creativity by allowing people to generate new product and ideas without having to worry about someone copy-catting their hard work and profitting off of it

Example: If I spent 10 years planning ummm..... 'The Next Big Thing' in computer technology and on the first day of releasing it, everyone goes "Ah ha!" and puts 'The Next Big Thing Too!' on the market 6 months later. If I were that original creator, I'd immediately wonder why I bothered doing the project in the first place
 

Spencer278

Diamond Member
Oct 11, 2002
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Originally posted by: tallest1
Originally posted by: NightFalcon
When did patents encourage creativity? They were always a way for the original creator to control his invention, make sure that no one else takes credit for it.
patents encouraged creativity by allowing people to generate new product and ideas without having to worry about someone copy-catting their hard work and profitting off of it

And they ensure that the information to make the product will be given to the public. I think one of the biggest problem with patents right now is that they last two long.
 

BDawg

Lifer
Oct 31, 2000
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Originally posted by: Spencer278
Originally posted by: tallest1
Originally posted by: NightFalcon
When did patents encourage creativity? They were always a way for the original creator to control his invention, make sure that no one else takes credit for it.
patents encouraged creativity by allowing people to generate new product and ideas without having to worry about someone copy-catting their hard work and profitting off of it

And they ensure that the information to make the product will be given to the public. I think one of the biggest problem with patents right now is that they last two long.

Sometimes, they even last *too* long.

IMHO, the patent shouldn't outlast its creator.
 

judasmachine

Diamond Member
Sep 15, 2002
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Greed, and Selfishness. My people, when you made a new way it belonged to the whole tribe. My great great grandfather was a poet, but he never owned a single one, and would have never thought to make money from it. I still don't fully comprehend this capitalist stuff.
 

NightFalcon

Senior member
May 22, 2004
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Ok that's a valid argument, but in that case besides the time span issue that Spencer brings up which applies to any patents, why would software patents be damaging to creativity? Just the same, you come up with a piece of code that does something no one has thought of doing before, shouldn't you be able to call it your own and get ownership rights to it?

And btw, I'm not arguing that patents in general are good or bad, I'm just seeing this trend to separate software from everything else when it comes to patents and I don't quiet understand it one way or the other.
 

Infohawk

Lifer
Jan 12, 2002
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I think we've had a real uptick of corporate control in this country over the past fifty years. one way this has expressed itself is the patent and copyright system. Sure, basic patents and copyrights do promote creativity and advancements. But then recently they seem to have gone too far. Especially with copyrights.
 

Spencer278

Diamond Member
Oct 11, 2002
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Originally posted by: NightFalcon
Ok that's a valid argument, but in that case besides the time span issue that Spencer brings up which applies to any patents, why would software patents be damaging to creativity? Just the same, you come up with a piece of code that does something no one has thought of doing before, shouldn't you be able to call it your own and get ownership rights to it?

And btw, I'm not arguing that patents in general are good or bad, I'm just seeing this trend to separate software from everything else when it comes to patents and I don't quiet understand it one way or the other.

Software get seperated out because software is already protected by copyright and alot of software patents * online or * internet. Where a patent would be given to anything that had to do with the internet.