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Software patents are like allowing railroad companies to patent how far apart their rails are.

In other words - they discourage interoperation in an industry where interoperation is manifestly in the public interest.
Most large companies encourage their designers & engineers to file software patents. However many only use them "defensively" - i.e., when threatened with infringement action by another company, they find a patent they own that the threatener is infringing.
It's a useless cold war. Time to invalidate all sitting software patents and refuse to grant new ones.
Because just like the historical cold war, the real losers are the small players - in this case, the startups & small companies who can't afford to amass a huge patent portfolio.

Software patents discourage innovation and encourage corporate consolidation.
Remember - Oracle bought Sun 100% for its patents. Oracle didn't (and still doesn't) give two shits about any of Sun's products or people.
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