Microsoft - Patents and Open Source

I think the point they are trying to make is that something needs to be ownable. If all the code everyone ever wrote were out there for the taking neither Microsoft, Sun, or any other software behemoth would exist as we know them today and none of us would have jobs. Did Sun really make all of its bits public? I doubt it.

As for patents, I work for a company that has a large number of patents. This does a few things. It creates competitive advantage for us, but it also creates competition in the market. Patenting something, to me, is merely a way of protecting what you've done while at the same time daring everyone else to do it better. People have to innovate to do things better and differently from the way we've done them. In addition, we have to continue to innovate to stay on top. So, in my mind, patents don't restrict ideas, they create them!!

hmm.. well.. the patent system had good intentions, and in some cases it works (i.e. pharmacueticals). However, in software, I don't think it does. It creates patent trolls and large companies use them for defensive purposes (patent cross-licensing to squeeze out smaller players). And if you look at what it is being patented (trivial stuff like amazons one-click checkout.. I think microsoft actually patented the mouse double-click). So while there are instances where patents work, its overshadowed by how the system is abused. To develop software, you have to walk through a mine field of patents, hoping you don't infringe on something. So I think the patent system as it stands is broken. So.. intellectual property like copyright is good (you take ownership of something you created and license it how you please).. but restricting ideas with patents is dangerous (IMO).

anyways, good discussion :)

-Corey

Here's a great post on this topic by Jeff Atwood:

http://www.codinghorror.com/blog/archives/000902.html