Software patents are stifling the industry as far as I've seen. I can't imagine having an idea, spending thousands upon thousands on legal fees to do due diligence only to find out 10 years later that some other company was able to score a patent on an "idea" two years before you.
Patents just don't work with software. The ones being enforced these days are just too broad - why would anyone want to risk a patent infringement trying to bring new software to market when other less risky ventures exist?
I have little sympathy for Microsoft since they just got a taste of their own medicine here, but no one can deny the patent system in the States isn't borked.
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