Mark Webbink On: Software Patents

[mrgaribaldi2263]

It is refreshing to watch this video again. Mark pretty much nails the motive on the part of Microsoft for going after patents. It seems rather absurd that the largest software company in the world, famously said "leave us alone to innovate," while at the same time pursuing government protection through patents.

What I find most interesting is that software patent lawsuits have become an argument about infringing the claims of the patents, rather than the means. In other words, the idea.

[MyHugestFan]

i still dont get it. what's the main difference between copyright and pantents?

[copyright4innovation]

@MyHugestFan, patents are a sledge hammer, copyright is a precision tool. Patenting software means forbidding independent development. Anything that matches a set of patent claims is forbidden. With copyright, only works that can be shown to be copied or derived from a copyrighted work are forbidden.

[LouigiVerona]

@MyHugestFan Copyright is automatic, patent you have to apply for. Copyright covers copying the work (though now also using it somewhere), but if you prove you thought of the idea first, the right goes to you. The patent is given to the person who applied. Even if you prove you came up with the idea first - it doesn't matter.