EFF's Defend Innovation Project: Analysis (Part 7)

Congress should commission a study and hold hearings to examine whether software patents actually benefit our economy at all.

The Problem:  "It’s safe to say that there is much disagreement among engineers, lawyers, and policy makers over whether software patents even make sense, that is, whether the ability to patent software actually does more harm than good to our innovation society and economy."

The Solution:  "Congress should hold hearings and provide a study examining the issue. The study should include a review of relevant economic data and should take into account viewpoints from all parties affected by the patent system, particularly those who oftentimes do not practice before the Patent Office and who do not deal with litigation and licensing until they are facing the threat of a suit themselves."

(source)

  This is where they lost me.  This proposal seems, to me, like a waste of taxpayer money in pursuit of the answer to a ludicrous question.

  The effects of the patent system on the nation's economy are as relevant to its existence as are the effects of property ownership on the economy - Not At All.  If something is yours by rights, meaning that you have legally invested the time, effort, and/or capital in order to create or obtain it, whether it is intellectual property or an acre of land, the "Greater Good" has no right to commandeer your property for the benefit of the economy.  It is yours. 

  

  And to further recommend that the viewpoints taken into account should come heavily from "those who oftentimes do not practice before the Patent Office and who do not deal with litigation and licensing until they are facing the threat of a suit themselves" (i.e. Anybody-But-Patent-Holders) just reeks of tyranny of the majority.  To me, anyway.

  If you wish to see more effort put into software that will be immediately useful and free-to-use for everybody, then donate and contribute to open source projects.  Please do.  But don't make the mistake of expecting corporations to invest in society's future - they exist solely to make money, and invest only in their own future.  And rightly so.

  There are obviously shortcomings in the patent system that unfairly hinder innovation.  But this proposition is downright silly.  Not to mention, abolishing the software patent would be counterproductive.  Companies, when faced with the prospect of losing a huge revenue stream via time-limited monopolies in exchange for the initial investment, research and development, will either scale down R&D drastically, or keep new innovations as trade secrets, which are not time-limited and therefore will never be useful to anybody else.  The EFF should scrap this proposal altogether.

  As I said at the start, the EFF's seven Defend Innovation proposals are a mixed bag, in my opinion.  However, the goal from the start was to garner such opinions, positive or negative, and I must say that I am ecstatic to finally have some solid (for the most part) talking points to work off of as we strive to improve the Software Patent System. If you have an opinion on any or all of the proposals, the EFF is asking for your contribution.  Just go to the website and post your comments, such as they are.