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Nathaniel Borenstein

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Software patents may be used as a form of outright coercion, providing protection against theft of ideas as a potentially high cost to future inventors.
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Borenstein, Nathaniel S. (1991). Programming as if people mattered : friendly programs, software engineering, and other noble delusions (4. print. ed.). Princeton, N.J.: Princeton University Press. pp. 53. ISBN 9780691087528. 

 
Nathaniel Borenstein

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The patent system was established to encourage inventors to disclose the details of their inventions. Its purpose was to help society rather than to help inventors. At the time, the life span of 17 years for a patent was short compared with the rate of advance of the state of the art. Since patents are an issue only among manufacturers, for whom the cost and effort of a license agreement are small compared with setting up production, the patents often do not do much harm. They do not obstruct most individuals who use patented products.

 
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Fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria.

 
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As more and more good ideas come under the protection of patents, it may become increasingly unlikely that any one program can incorporate the state of the art in user-interface design without sinking into a quagmire of unending royalty payments and legal battles.

 
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A future startup with no patents of its own will be forced to pay whatever price the giants choose to impose. That price might be high. Established companies have an interest in excluding future competitors.

 
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