[jkot]

Just to play devils advocate:

One can be pretty innovative if he has to develop CPU without using XOR operation.

Are there technologies developed solely as alternative to patent? I can think of PNG x GIF, OGG x MP3, Display Port X DVI...

I would say that patent creates sort of monopol, which forces others to go with open solutions. Similar situation was when Windows caused Linux to emerge. Without patents we would be stacked with whatever comes. And that would be probably badly designed proprietary technology.

[woodman]

> Similar situation was when Windows caused Linux to emerge.

I know you are playing devil's advocate, but you don't actual think anybody could reasonably believe that do you? There is a reason it is called Linux and not Lindows :)

> Without patents we would be stacked with whatever comes.

Or we'd have a marketplace of ideas, where merit wins.

[throwawaykf05]

Actually, innovation through forced workarounds of patents has long been one of the reasons for patent systems. Though not originally stated explicitly, many jurists and economists over time have espoused this line of thought in support for patents.

[cben]

Can you give any pointers? It's plausible to claim patents do little harm because they can be worked around but saying they bring net benefit because the must be worked around feels bizarre.