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Should computer code be protected speech? by Arcanum2006-11-19 12:55:59
  Are buildings considered free speech? by skeegenin2003-04-24 10:12:20
    hmmm by BadassITgod2003-04-24 10:58:05
      I don't care about that. by skeegenin 2003-04-24 11:43:55
In fact, that has nothing to do with it. The problem is one of fair competition.

Let's say I start a small company for software X. If Big Company Z holds a patent on some "software process" and it is related closely enough to X, they can choose to put me out of business at will by opening up a patent case against me. Even if the end result would be that I'm found to not be infringing on their patent, it doesn't matter because a small company can't afford to hang around and find out what the result of some multi-million dollar case is. And the big companies all know this, in fact they file tons of patent applications every year to protect themselves from eachother.

I work for a company that sells software to patent lawyers and the above situation is something I've had explained to me repeatedly by experienced customers who focus on software intellectual property issues. You know it's bad when even the lawyers realize it isn't fair.
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