To all those who passionately claim that software patents are useless, why don't you go develop a groundbreaking application, then *don't* patent it, and try to make a living out of it? Go ahead, I dare you. Oh wait... you're here picking fights anonymously. And if the EU doesn't, in fact, have a software patent system (I admit I don't know if this is fact), can you tell me where most of the successful profitable developers are from (a list of developers from the USA, and ones from the EU would prove your point)?
When Apple created the Lisa and Mac, software patents were pretty much unheard of in the US. All they had was copyright for the code and trademarks for the design.
Guess what? They STILL CREATED THEIR SOFTWARE. And this is still true today:
There are hundreds of thousands of smartphone apps... and yet I betcha that only a very tiny handful (if any) have applied for a software patent.
So the demonstrable fact is, the lack of software patents wouldn't stop (and never has) anyone from creating new applications.
Heck, I'd say the opposite was actually more likely: that a badly given software patent would stop others from rightfully creating new applications. E.g. universal search. Give me a break. That patent is for exactly what any modern programmer would use: search objects for various types of storage.
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