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Do you really believe that software patents represent anything close to an original idea? From my perspective, Software patents are on such stupid things utterly divorced from anything that could be considered innovative, that none of it incentivizes inovation.

The calculus also doesn't seem all that clear to me. A alternative calculus: Build something new on top of someone else's idea (stand on the shoulders of giants) or spend all your time and money reinventing a perfectly good wheel so that you can do it in a slightly different manner purely for legal reasons.




You are leaving out the option of just licensing the patent. If you are lucky they will license it to you for free.


That's still a restraint on innovation. Money going to licensing can't be spent on salaries.

If we assume free licensing then you might as well cut out the middle man and abolish patents.


Can the license holder set any price they want? Essentially blocking access with an absurdly high paywall? Or is there some kind of standard?


Yes, or they can refuse to license it to you at all.




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