On Mon, Mar 7, 2011 at 11:59 AM, Josh Berry <tae...@gmail.com> wrote:

> 2011/3/7 Cédric Beust ♔ <ced...@beust.com>:
> >
> >
> > On Mon, Mar 7, 2011 at 7:19 AM, Reinier Zwitserloot <reini...@gmail.com>
> > wrote:
> >>
> >> A world without software patents already exists in europe, more or less
> >
> > That's a common misconception.
>
> How come you haven't addressed the fact that the world of software
> development in the US was effectively without patent protection for
> the vast majority of the rapid development when it was starting?


I hadn't really thought about it but it doesn't seem very relevant to the
current discussion, unless we can come up with objective ways to state that
"things were better before we had software patents". That seems like an
impossible task, so I'd rather focus on what's happening today by simply
observing that the system seems to be working okay for the most part.



> Or is that a misconception as well?  Can you imagine the world of PC
> clones if the original BIOS had had patent protection?
>

Again, I'm not sure what conclusion you can draw from what happened. It
obviously worked well for all parties involved (IBM, Microsoft and even DR)
and created an industry generating hundreds of billions of dollars. And yes,
there are a lot of misconceptions about how things went down, especially the
part where Microsoft somehow "stole" ideas and software. It was a business
deal with all parties fully aware of what was going on (and you have to give
credit to Gates' vision for betting that other vendors would soon clone the
system, and therefore, choosing not to bother with copyrights).

-- 
Cédric

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