Re: Article: Software Patents: Microsoft's Fatal Error

[robert () dyadsecurity com]

Matthew Wheeler(wheeler () lanl gov)@Tue, Apr 12, 2005 at 08:09:15AM -0600:
> If he is right selling MSFT stock short might be a good bet.

This article read like spin to me.  I'm not sure what his motivations
are, but describing the software patents as a victory for small business
seems at odds with most scenarios that I can imagine where real
innovation is happening.  Furthermore, staking claims in the form of
patent road blocks is contrary to the original intent of patents.

At this point I am heavily on the side of not allowing patents on
software.  There are just too many unique ways to implement a particular
idea, especially for the broad ideas that are getting passed as patents.
I'm all for copyright protections, but not monopolies on broad ideas.

An alternative sustainable competitive advantage is constant innovation.
The market should justly reward companies whom they preceive to
continually innovate.  The deep or shallow pocket me too's will have to
play catch up to the nimble and quick innovators.

One thing seems certain though, if the future happens as described,
start ups with little funding loose.  The time it takes for new ideas to
reach consumers through a commercial channel will become very lengthy. 
Some ideas will never make it out of litigation.

Sadly some of these effects are already starting to happen.

Robert

-- 
Robert E. Lee
CEO, Dyad Security, Inc.
W - http://www.dyadsecurity.com
E - robert () dyadsecurity com
M - (949) 394-2033
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