Ridiculous Software Patents: a Developer's Nemesis

StormDriver writes "Have you ever thought about patenting a pop up note, an online poll, a leaderboard in an online game, or a system where you open apps by clicking icons? I have some bad news for you – it's impossible. Not because the claim is stupid, it's just that all of those things are already patented. And it's all fun and factoids, until one day you find yourself in the role of a software start-up."

Comments

So don't worry about it

[Rogerborg]

Ask a lawyer if you should pay a lawyer to do something for you, and what do you think the answer will be?

Be smart, just get on with it. Axiomatically, you'll only become a target for a lawsuit when you're already successful. You can pay a lawyer then, if you like.

Or alternatively, pay an accountant. Set the company up so all the liabilities are here and all the assets are there. Ignore patent trolls, ignore any court judgements, and if and when anyone with a badge does ever come to collect, point them at the Pile-O'-Debt and tell them to knock themselves out.

This isn't theoretical - I've already been though a few employers who were set up in exactly that way. One of them simply 'phoenixed' the liable part of the business overnight: rename it, put it into administration, start a new business with the old business' name, and "re-hire" all the employees. Only the company number changed. Apparently perfectly legal stuff, at least in the UK.

Re:So don't worry about it

[Riceballsan]

Already succesful and fully profitable are 2 completely seperate things. It isn't unheard of for a software package to pick up enough of a following to draw the guns before making enough to simply pay off the authors past due mortgage payments, and even profitable dosn't mean a lawyer is going to do you much good. Lets say somehow microsoft had a patent for something blatently obvious that was used in a game that say made 100k in a year, after expenses cost of living etc, this start up has 25k left to pay a lawyer to deffend himself, from microsofts 2.5 million they decided would be worth investing into eliminating a threat before it was big enough to fight back.

Re:So don't worry about it

[Anonymous Coward]

it happens all the time with american stories/commentators. you get used to learning things that aren't readily applicable.

Re:So don't worry about it

[mspohr]

This also works in the US. I have done this to guard against the threat of lawsuits with small companies (but never had to use it). Large companies do this all of the time. It's called "strategic bankruptcy". Its a convenient way to privatize profits and socialize the losses. Our banker friends did this with all of the toxic loans they created.

If you go and actually try to research software patents your head will explode so best to follow Linus's advice:

I do not look up any patents on _principle_, because (a) it's a horrible waste of time and (b) I don't want to know. The fact is, technical people are better off not looking at patents. If you don't know what they cover and where they are, you won't be knowingly infringing on them. If somebody sues you, you change the algorithm or you just hire a hit-man to whack the stupid git.

Re:So don't worry about it

[jbolden]

That's not so easy in the USA. US law has the notion of "shell corporation" and you can pierce the corporate veil to go after judgements. In fact setting up things this way allows the court to go after the owner's personal assets.

Re:So don't worry about it

[MBGMorden]

Slashdot is an American site. Sure there are a large number of foreign visitors, but the site itself and the bulk of the readers are American. It only makes sense to assume we're talking about America unless a qualifier is given. If I went to the BBC's site and started posting in a discussion where location mattered I would immediately preface my statements with the fact that I'm talking about America, because though there are visitors from all over, the BBC is a British site with primarily British readers.

Like it or not, there will almost always be a "default" locale that is assumed when you're on a site.

This is right.

[kurt555gs]

I date back to Z80 Assembly as the preferred programming method. I had developed some very interesting and unique things. I never thought of patenting them, and I shared them on bulletin boards and in print with joy.

Now, with my many years of experience, because big business has laid lawyer minefields with software patents, I don't even think of publishing my own programs. When I do work, it's as a contract consultant to a giant company (who also has me tied up in 2" of contracts that I can never work for anyone else)

I'm thinking my next venture will be a hot dog stand. A good hat dog is as illusive as it is tasty.

Software patents serve no one but giant companies, and only to stifle innovation. Exactly the opposite of their stated purpose.

Re:An AMERICAN developer's nemesis, you mean.

[pak9rabid]

Yeah, well, if you want to do any business in the US (which is a helluva market to just ignore), then yes it's even a European developer's nemesis.