Comment Re:you have things backwards (Score 2) 192
So how exactly does making everything free spur innovation??
Firstly, being able to "stand on the shoulders of giants" is good for innovation. Patents often stop that, especially in a fast moving field like computing - having to wait for the patent to expire before you can build upon it is a problem. You may argue that someone who wants to build upon a patented technology should just licence it, but the licence fee may be out of the reach of many inventors. And that's assuming the patent owner is even interested in licensing it - they may well just tell you to bugger off.
Secondly, the constant fear of being sued into oblivion if you happen to accidentally infringe someone's patent is a brake on innovation. It's pretty much impossible to write software that doesn't infringe someone's patent these days, so you're basically relying on not pissing off the wrong people. And giving the existing big players the ability to shut down a new competetor before they even get going is certainly not good for innovation.
The original intention of patents was twofold:
1. give the inventor a limited time to profit from their invention and recoup development costs.
2. provide documentation of the invention so that, after the patent has expired, the public can build their own rather than being at the mercy of the inventor.
I certainly think both of these intents are great. Inventors *should* be able to recoup their development costs; but I don't think that's working these days - big companies ship such volumes that they are going to recoup their costs in short order anyway, and the small inventors simply can't afford to defend themselves, so the patents simply benefit the large companies (whether or not they are innovating) at the detriment to the small inventor. The second of these intents is a good thing too, but modern patents are trash - they are so thick with legalese that they're downright impossible to understand anyway, and the details are so scant that you wouldn't be able to reproduce the invention from the documentation provided in the patent.
So to my mind, the problems with patents currently outweigh the benefits.