The US natural level of software innovation is X. Due to patents, it is
modified to Y. Is Y larger? Smaller? About the same?

You claim it appears high, and then conclude this means Y can't be
significantly smaller. This makes no logical sense.

The Google / Oracle lawsuits prove that either non-novel patents hold up in
court, or, it takes a gigantic legal and insurance bill to defeat them,
which is the point I was trying to get across.

No logical fallacies I can see. Perhaps I wasn't clear.
On Mar 5, 2011 7:24 AM, "Cédric Beust ♔" <ced...@beust.com> wrote:
> On Fri, Mar 4, 2011 at 8:44 PM, Reinier Zwitserloot <reini...@gmail.com
>wrote:
>
>> 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
>>
>
> Your message looks a lot like the previous one I commented on: you make
good
> arguments in your first two paragraphs and suddenly, out of nowhere, you
> claim that the system is broken even though 1) this claim has no logical
> connection to these two paragraphs and 2) this claim is widely
contradicted
> by the facts (a lot of software innovation is happening in the US on a
daily
> basis, probably more than any other country in the world).
>
>
>> Case in point: At least 6 of the 8 patents that Oracle is suing Google
with
>> are clearly total hogwash
>>
>
> There is no "case in point". This is still going through the judicial
> system, so until a verdict is reached, what is going on neither
invalidates
> nor confirms the claim that the system is broken. Let's talk again after a
> judge has made a decision.
>
> Look, I've been on both ends of the software patent war, I have some
> first-hand experience on the impact that it can have on a business and a
> technological stack. It's never fun when you need to find a different way
of
> doing something because of existing patents, but by now, I firmly believe
> that it *does* force you to innovate more than if the software patent law
> didn't exist in the first place to keep you honest.
>
> --
> Cédric

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