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Costly legal costs

Software development,like writing a book or making music,is something that's often done by individuals and hobbyists。Indeed,a lot offree softwarewas written by non-paid individuals。Their freedom to write software is important,and the software they write is important for society。The patent system is too expensive for them,and always will be。

The costs of participating in the patent system are wildly expensive compared to the cost of entering and participating in software development and distribution。

If a patent holder demands€5000,and a law firm offers to analyse your risk for€10000-where's the smart money?In software,many developers don't have a team of patent experts,and most don't have large reserves of cash for defence against patent threats。

何为software different

In fields such as manufacturing and pharmaceuticals,one can assume that practitioners have a certain amount of money since they will have had to buy and equip a factory and they will have to pass various safety tests。Also,since they pay dearly to be in business,it's safe to assume that people in these fields aim to make a profit from their work。

For software,most people have all the necessary equipment in their homes,and many people develop software withot receiving any direct income from doing so.This means the law can't assume that software developers have the money to defend themselves or to get their own patents。


在,在USA,according toDan Ravicher,the cost of getting a legal opinion after receiving a patent threat letter is US$4000and the cost of defending one's self against a patent suit is US$2-4million。[1]

成本降低yourself in court

According to economist John Jarosz of the Analysis Group,for patents in general(not specifically software patents):

the average cost of litigation in 2009 for patent cases with less than$1million at risk was$967000。For cases with up to$25million on the line,the average cost was$3.1million。And for suits with more than$25million at stake,the average cost to litigate was$6.2million。[2]

首席执行官Open Invention NetworkKeith Bergelt estimates the costs at“win,lose,or draw,it costs$3-to$5-million dollars to defend against a patent lawsuit。[3]

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白abolish软件、软件patents 在软元件上工作·为什么,为什么,为什么·软包装质量worse than all other fields·过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载过载
Legal arguments 软件性能·软元件,软元件·软does not make a computer a new machine·密封圈·Blocking useful freedoms
高成本 Costly legal costs·成本系统到governments·成本基准到market entry·安全防护措施
Impact on society 阻尼框架 Harm without litigation or direct threats·Free software projects harmed by software patents·预应力吊车·大面积innovation·短程处理单元
预备进度 软件安装说明·软件进度表·再循环innovation and research·软development is low risk·冗余job security·集中,集中·Harming standards and compatibility
置换,置换 过载过载,过载过载·控制中心标记·Breaking common software distribution models·Blocking competing software·汉密ng smaller businesses·密封性,密封性·abble waiting to burst
保护系统 Problems in law 闭锁系统·Disclosure is useless·软件输入装置·Publishing information is made dangerous·Twenty year保护is too long
工程安装 Paent trolls·Patent ambush·Invalid patents remain unchallenged·Infringement is unavoidable·Inequality between small and large patent holders