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Doug Ransom wrote: >I don't think determining the originality of the work is a problem, even after a patent grants if prior art is found claims of originality can be repudiated. > The problem with this is that it takes massive resources to fight and defend patent claims in court. It's very easy for a large corporation to use patent litigation as a business strategy against smaller rivals. The open source world looks especially vulnerable to this type of ploy, since there's no single entity that's likely to step up and bear the legal load if companies start making claims against open source programs. On the other side, it's very difficult for a small company to collect on valid patents being violated by large corporation for the same reason. These days it basically comes down to a trench battle of legal team vs legal team, with the side that has the largest budget generally prevailing. It's hard to see how this contributes to the supposed goal of fostering innovation. - Dennis
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