Comment Re:The Problem is Bad Patents, More Than Trolls (Score 4, Insightful) 259
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If you wield a bad patent you're a patent troll be you some little company with no assets or the latest do no wrong tech firm, if you use a good patent you're not.
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I think the term Patent Troll is more exactly defined than that, and divorced from the subjective judgment of "Good" or "Bad" patent. A Patent Troll is a non-practicing entity (NPE). The sole aim of a patent is to encourage the creation of new inventions. The mechanism to do that involves remuneration, but that's not the aim. A NPE doesn't produce anything, so it doesn't encourage the creation of new inventions. It sure encourages the creation of new patents, but is doesn't encourage the creation of new 'things'.
You might argue over the goodness/badness of Amazon's 1-click patent, but Amazon at least provides a useful service using the process for which they hold a patent and isn't, in my opinion, a patent troll.
Patents, like copyrights and all sorts of other intellectual property, are a necessary evil, they always have downsides, but they're supposed to have upsides.When they don't, the holder is a troll.
I disagree with you only over the term 'troll'. Otherwise, you've got to the nub. Patents and copyright exist only to benefit society. "We, the people" created them solely to benefit us. If the economic burden of the current copyright and patent system outweighs its economic benefit—which numerous studies have indicated is so—we need to uncreate them
That may seem naive, but OTOH, simply nuking software and business patents would go a huge way to fixing this, and that does seem to be the worldwide trend.