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Why is it better to leave it open?

You both agree that there is major variation in how much "effort" goes into producing patentable work. Your problem is you want a very clear-cut definition specifying what is patentable, and since effort is hard to measure, you'd rather just throw out all patents. You assume this would be better than the current situation (which, I think, takes the other extreme - most things are patentable).

But why do you think the way you suggest is better? Just because the current system sucks?

(Forgive me if I misrepresented your argument).

Ultimately it would be better because it would eliminate patent trolling and foster software innovation. Right now a lot of innovation is hamstrung by software patents. I don't think any company should have the right to enforce what software someone makes, at all, ever.

Half of the tech industry with respect to software is finding something someone else is doing, and building on that but making it better.

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