Critiques of software patents is all the rage lately, from bloggers like Daniel Tunkelang to the NPR. The list of problems with them includes that they stifle innovation, that they are tools to beat up small companies and startups, and that they are simply trading cards that big corporations use to protect each other at everyone else’s expense. So why are software patents different from other patents? Why aren’t people arguing about scrapping the patent system entirely?
Last week I had the opportunity to attend a debate-style talk featuring Bob Zeidman (pro) and Prof. Edward A. Lee (con) about software patents hosted by the Computer History Museum, which I found quite helpful in understanding the issues. The motion under consideration was “Software patents encourage innovation.”