Software patenting is presented as a fait accompli
The main justifiation of some companies is the need to patent
- corporate culture, international constraints
- protecting heavy investment (e.g. airplane software, ABS)
Can be compensated by a restrictive definition of infringement so as not to freeze the software economy
- avoid economic distortions in software economy
- allow open source innovation
For Example: Use of a patented programming technique in a programmable commodity is not an infringement.
- important words: "programmable" and "commodity"
- means we stay in the economy of intangibles (avoid distortion)
- innovation incentive weak in very large pool of potential innovators
Give precedence to interoperability over patents (public interest)
- because of major role of network effects
- because the value of interoperability standards comes from user pool rather than inventiveness