This is a lengthy and amazingly well-informed debate about software patents in Europe from Lessig’s blog. Seeing who the participants are, this should come as no surprise. It is nice to see some of the best proponents of software patents (I refuse to use the euphemism in vogue) argue their case against some well-informed opponents. One of the main criticisms that I have against the critics of software patents is that often they use over-simplifications of the arguments. I understand that it is difficult to convey the nuances of the EPO’s board of appeal rulings to the masses, but using downright fabrications is not the solution.
To me, the case is still an economic one. What is the economic case for software patents? Is there a real need for software patents in Europe? I maintain that the answer is negative.