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by elipsey 3865 days ago
>> in order to acquire a patent you have to give details of how to perform it

Software patents don't have to include code, and generally are not useful to a skilled practitioner in actually creating software. The are written in legalese by persons incentivized to seek as boad a claim as possible, while revealing as little usefully information as possible.

>> if it was so obvious then it would have been done

By this reasoning every new product should be protected by a monopoly. Sometimes how to do something is obvious, but no one wanted to do it before.

The question should be whether treating every new situation as an oportunity for government sponsored property grab is good for society, or just the first guy to file.

A huge number software developers get sued because they wrote software that violated a patent they had never heard of for a "business method" type of task, but "with a computer". There are hundreds of thousands of software patents, so it's not possible to read them all before selling software to make sure one hasn't infringed, assuming one could actually be sure without simply defending a trial. The reason there are so many lawsuites is because it WAS obvious, and lots of people did the same thing without ever hearing of the patent untill they got sued.

I'm guessing that your not a programmer who's read any software patents. I have never met one who has that did not agree that the contents of software patents were obfuscated and worthless for creating a storehouse of usefull knowlegde that benefits society, what is the constituionally mandated purpose of patents in the first place.