There are no basement inventors. Unless you're watching movies. However, 
anti-software-patent campaigners certainly aren't just looking at the 
googles and the IBMs of this world. That's the point! They're looking at 
smaller software companies who can basically just be destroyed overnight by 
a big company by suing them with their patent portfolio in hand. There's 
just nothing a small company can do in the face of such a claim other than 
fold and hope the company in question throws them a bone and buys them out 
for pennies on the dollar so they don't walk away with nothing except a big 
legal bill.

There are also small companies that make no products at all and just buy up 
patents. These companies are called 'patent trolls' for a reason. There are 
also no basement inventors who got some money by selling their idea to such 
a troll - the portfolio of trolls either stems from a company that created 
the troll as a spinoff, or by buying out patents owned by bankrupt 
companies, or by patenting a bunch of obvious ideas themselves (they are 
staffed by lawyers, after all).

So, the system of today doesn't just not work, its a major parasite on 
innovation. Until someone shows me a plan to revamp software patents that 
seems reasonably on target for being efficient, I'm going to stuck to the 
clear truism that no law is perfect, and that if no law can be made that 
does more good than harm, then the world will have to move on without 
support from the legal system even if at least in theory some hypothetical 
near perfect law could make the world a better place in that regard.

Also, your argument that 'crappy patents will just come out when you try to 
enforce' them is glossing over some rather important details. Such as the 
hundreds of thousands of dollars you need to defend and cover the risk when 
you do get sued for them, even if they are baloney.

Case in point: At least 6 of the 8 patents that Oracle is suing Google with 
are clearly total hogwash, not novel in the slightest, and I can name at 
least 20 companies for every single one in clear infringement, with me being 
100% certain those companies came up with the idea all by themselves. And 
yet no judge is even close to throwing them out as invalid.

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