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anamax 1072 days ago | link | parent

> You're missing a critical difference. Patents are supposed to be "unobvious". A normal person just working in their shop should not just accidentally stumble across a patented thing, because by definition the patented thing should not be obvious to one skilled in the art.

"should" is the problem with that argument. Just as "all bugs are shallow to the right eyes", all machines are obvious to a fair number of people.

> In fact, the very fact that we have patent trolls that can run around and sue business after business after business for the same patent, while the businesses have no evidence that shows they have communicated with each other about the patented subject, ought to be proof positive that the patent is obvious and shouldn't be patentable.

No, that's not "proof positive" of anything, any more than AG Bell's race to the patent office "proves" that telephony was "obvious".

> Perhaps programmers are overreacting

because the intertubes provide a great forum for overreacting. After all, overracting and porn are internet's the dominant uses.



petegrif 1072 days ago | link

" In fact, the very fact that we have patent trolls that can run around and sue business after business after business for the same patent, while the businesses have no evidence that shows they have communicated with each other about the patented subject, ought to be proof positive that the patent is obvious and shouldn't be patentable."

Whether the person suing is or isn't a patent troll is irrelevant to your argument. You are basically arguing that if lots of people have done something without colluding it must be obvious. Not so.

I recommend this piece on hindsight bias. It is an extremely well documented fact that things rapidly become obvious after the fact.

http://en.wikipedia.org/wiki/Hindsight_bias

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