This is a worry because at the moment software isn't patentable in the EU or UK. The problem with the US system is well debated but in essence is this: companies are able to patent an idea, often a vague description of that idea and what the software process will achieve but, crucially, without having to actually write that software.
This has lead to the rise of patent trolls, companies such as Lodsys (currently suing iPhone app developers, apple and indeed everyone from adidas to the wall street journal).
Lodsys are a fine example of the worst of the breed. The company doesn't actually produce anything. It only exits to hold and defend a portfolio of patents. Businesses like this contribute nothing other than to keep some lawyers employed.
So many ideas have been patented in the US that it's probably almost impossible to write software that doesn't infringe at least one patent.
And to be clear, it isn't a matter of copying code, that's covered by copyright.
I'm not a software developer and the chances of me being sued are somewhat small. However we should all be concerned about something that, in the view of many, stifles creativity and competition.
After all, the trouble with patenting ideas is 'there's nothing new under the sun'
- Posted using BlogPress from my iPhone
Location:York,United Kingdom
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