"Mr. Small Software Developer, holder of patent XYZ-123 for "Widget Design", Plaintiff, versus Big Software Corporation, Defendants." Or vice-versa - it doesn't matter really. Whoever has the most money will win the confrontation in Court - assuming it gets to a verdict and Mr. Small Developer doesn't go backrupt before the end of proceedings. And so far as I know, the whole loser-pays thing doesn't quite work that way (that said, it's mere hearsay because I don't live in the US and I am not terribly well acquainted with the details of its legal system).leftbanke7 said:As for the small developer, they have as much right to patent their products as do the big boys. As costly as it may be, if I had a legitimate claim to my patent and Microsoft or Apple tried to throw lawyer after lawyer after me, I would still fight. In the end, I know I would win and then the big boys could pick up the tab on my court fees. People give up too easily anymore.
Just for the sake of ranting, CISCO recently began patent applications for patches issued by a public standards board to solve flaws in the TCP protocol.
At some point this must stop - before we're running TCP/IP (c) CISCO, 2004 on top of our Operating System (c) Big Software Corp, 2006. Surely all of you can see the absurdity of this, yes? Like when companies come along and say that they own propietary protocols at the core of the JPEG standard, or GIF standard, and demand payment (the former is happening now, the latter took place a decade ago). And if you think Amazon trying to patent the cookie is bad, how about British Telecom trying to imply one of its patents covers hyperlinking?!