[cookiecaper]

As usual, the only way to rectify the software patent situation is to hit the big guys where it hurts. If we want to software patents go away, we need to see that Microsoft, Apple, and other big players are sued and lose for patent infringement on a regular, expensive basis. If we can hit the big projects frequently enough they will give up, decide the patent regime costs more than it's worth, and get their cronies in politics to turn it off. It is not likely that things improve until this happens.

A couple of years ago a company called i4i got an injunction issued prohibiting the sale of Microsoft Office for (frivolous) patent infringement. Of course, Microsoft panicked and worked around the patent immediately, released a patch, and sent out new packages to suppliers -- expensive indeed but at least they avoided actually not being able to sell Office at all. If we have this kind of thing happen to multiple big companies even a few times a year I think we'll be on track to some serious patent reform. Until then, it's just too profitable to pillage the little guy and engage in mutual cross-licensing and suit settlements among competitors than it is to care that it is impossible to write software without violating hundreds of patents.

We know the saying: "the best way to get rid of a bad law is to enforce it". I've heard it attributed to Teddy Roosevelt but can't seem to find a good reference atm.

[dredmorbius]

If we want to software patents go away, we need to see that Microsoft, Apple, and other big players are sued and lose for patent infringement on a regular, expensive basis.

That's pretty much what happened to Microsoft. It got sued and creamed repeatedly in the late 1990s and early aughts. Myrvold's venture is a very obvious outcome. Earlier foreshadowings included Microsoft's pressuring Wang to sue Netscape: http://www.v3.co.uk/v3-uk/news/1943376/wang-loses-lawsuit-ne... http://articles.baltimoresun.com/1995-04-17/business/1995107...

(One of many reasons those with long memories have little trust or love of the former Redmond giant).

(Edit: fixed italics on quoted text.)

[intended]

"As usual, the only way to rectify the software patent situation is to hit the big guys where it hurts."

I do understand where you are coming form; I'd like to add my $0.2: The best way to fix patents is to get a better funded patent office so that they can process patents faster, updating laws and basically following the due process required to update the current system.

Accepting that things will change only if large corporate interests are hurt, is to be ruled by a broken, unjust and unfair system, one which will never value be 'fair' only to those with enough money to buy their way to power.