Dave -
The issues you raise have been discussed and fought against for years by a
group called the League for Programming Freedom (LPF) which opposes
software patents and user interface copyright (see ).
The software industry in the United States became what it is today with
neither of these "protections" in place, and people regularly reverse-
engineered other's software products in order to add to their capabilities
and move the state-of-the-art forward.
As you rightly note:
Competition is an essential element of our economic system.
Unfortunately, as you aptly illustrate, "legal protections" on software
stifle competition, perpetuate poor products, with the consuler paying.
Software patents and user interface copyright tend to protect those that:
1) have created a new technology (OK - this is cool),
2) are unwilling to invest in keeping abreast with current technology,
3) have invested in a patent (average cost: $20,000), and
4) have invested in lawyers (usually dwarfing the cost of the patent).
How software patents can be good for the start-up developer is beyond me.
Further, since 1989 (when software patenting began), many VCs have been
less willing to back new technologies without extensive (and costly) patent
searches first.
Back in 1990 I worked with Bob Miner, vice-president and co-founder of
Oracle (the 3rd largest software company in the world), to draft a powerful
company statement opposing software patents as they currently exist. He
suggested that copyright protection was sufficient and observed that Oracle
might not have come to be if software patents had existed when they started
the company. (Unfortunately, the position statement appears to have died
along with Mr. Miner, as Larry the E. sees no reason for altruism.)
Well, that's enough on this rant for now. Check out the LPF website for
more related information.
Peace,
Fen
--
Fen Labalme WE ARE EVERYWHERE http://www.comedia.com/Hot/
JUST SAY "KNOW" voice/fax: (415) 731-1174
RE: DOES ANYONE OWN SYNTAX?