Comment Re:Double-edged sword (Score 5, Insightful) 118
As an independent software developer, I'd feel much more relieved if software patents were completely abolished. I *know* I'll never willingly infringe on someone's trademark or steal their source code. Those are things that are simple enough to check for. However, software patents are a ticking time bomb waiting to explode in your face. The sheer number of them and the impossibility of easily searching for them means any significant piece of software I write has a high likelihood of infringing on someone's patent.
At the moment, software patents are really nothing but legal nuclear missiles. Every company of significant size has to keep a significant arsenal in order to prevent getting nuked by others. So, now instead of mutually assured destruction, we have "cross-licensing". And you have the patent trolls (arms dealers) who simply leech profits from the legal system by amassing quantities of patents on the cheap, and them attempting to sue "infringing" companies, hoping that a settlement will be cheaper than a legal battle, and the damned thing is, it often works, perpetuating the whole sordid system.
Honestly, I'm not really even generally opposed to the concept of patents, or even of software patents in general. My stance is a more pragmatic one: I feel that we've seen demonstrable evidence that software patents have done a significant amount of harm to our industry, and I've seen no real evidence that the industry benefits in any real way, save for those few people that directly benefit from the "industry" around patents themselves. The government has proven itself absolutely inadequate to the task of judging the merits of these patents in a responsible way, and as such, I think we need to either revoke the ability to patent software altogether, drastically shorten the patent length, or put into law a much, much higher bar for new software patents.