How are software patents protecting or encouraging innovation? I have seen patents cover algorithms that had not been proved feasible at the time the patent was granted. I have seen patents granted on academic research that do not recognizably cover the same invention. Most programmers have no idea whether or not they are infringing on patents.
Patents are supposed to come with limitations. For example, nobody is supposed to receive a patent on math. In my own field (crypto) math patents are the norm -- I have seen countless patents on results in algebraic number theory (elliptic curves, pairings, lattices, etc.).
The software industry has demonstrated an ability to innovate without patents, both in open source and proprietary software. Open source is obvious. Proprietary software is monetized with copyrights and trade secrets; patents play a minor role at most, and legitimate software companies just amass defensive portfolios to protect themselves from patent trolls. The only people making big bucks on software patents are lawyers who represent a drain on our industry.
Patents are supposed to come with limitations. For example, nobody is supposed to receive a patent on math. In my own field (crypto) math patents are the norm -- I have seen countless patents on results in algebraic number theory (elliptic curves, pairings, lattices, etc.).
The software industry has demonstrated an ability to innovate without patents, both in open source and proprietary software. Open source is obvious. Proprietary software is monetized with copyrights and trade secrets; patents play a minor role at most, and legitimate software companies just amass defensive portfolios to protect themselves from patent trolls. The only people making big bucks on software patents are lawyers who represent a drain on our industry.