I've heard the bit I've highlighted above a few times in this thread now - with both positive and negative connotations. I'm looking about the web for arguments/opinions/disscussions for and against; but in the meantime would anyone who has made mention of this like to add some depth to the comment(s)?
I think the best description of the problem was made by the CEO of MySQL. He said (not a direct quote, but still):
Software is a collection of algorithms that is already protected by copyright. Copyright has worked very very well for software for decades and there's no reason to change it. In many ways software is very similar to literature, you write code to express your ideas. In literature you write words to express your ideas. And the code and the words are protected by copyright. If we extend patents to software, it would be similar if someone got a patent on the idea of killing someone with a knife in a book, and then suing people who write a book where someone is killed with a knife for patent-infringment.
It cannot be that one should NOT be rewarded for hard work and innovation. Or can it? It just seems that's too problematic and would ultimately lead to no innovation/advance.
Bill Gates managed to gather billions of dollars WITHOUT software-patents. Larry Ellison did the same WITHOUT software-patents. The idea that "Without patents, you wouldn't get rewarded for your hard work/innovation" is 100% bogus. People have been earning vast sums of money from software without patents for decades! And now we have bunch of megacorporations and multi-billionares telling us that "we need patents so we could earn money and continue to innovate". They have already earned huge sums of money and we have had lots of progress in the field of software without one shred of patents. Where is the need for patents here? We have had copyrights right from the start, and they have worked just fine.
Suppose that we had had software-patents right from the start. What if Xerox had patented the GUI? Anyone writing a GUI would get sued for patent-infringment. How about if someone patented a word-processor? A spreadsheet? A web-browser? Would we REALLY be better off? I doubt it.
What did Bill Gates say about software-patents back in 1991?
"If people had understood how patents would be granted when most of today's ideas were invented and had taken out patents, the industry would be at a complete standstill today. ... The solution is patenting as much as we can. A future startup with no patents of its own will be forced to pay whatever price the giants choose to impose. That price might be high. Established companies have an interest in excluding future competitors."
Think about it. Think about it long and hard. And looking at the 1.5 billion dollars, it seems BIll Gates was right. Only difference is that Microsoft is not a startup.