One other thing to keep in mind in this debate is that it's expensive to defend yourself from a patent lawsuit. For example, this blog (http://rpxcorp.com/blog

One other thing to keep in mind in this debate is that it's expensive to defend yourself from a patent lawsuit. For example, this blog (http://rpxcorp.com/blog/?p=129 http://rpxcorp.com/blog/?p=129), whose accuracy I have no idea of, claims that the average total cost of a patent lawsuit where the potential damages are under $25MM is $3.1MM to defend yourself, and $6.2MM if the potential damages are over that number. So there are several parts to this equation. 1) Creating any bit of software involves thousands of "inventions," any one of which could be patentable. 2) Patents are granted for things which fail the obviousness test, where the chance of someone else independently "inventing" the same thing is essentially 100%. 3) The damages for violating even one patent tend to be astronomical and totally out of line with the contribution of that "invention" to the software in question. Out of 2 million lines of code, if one total BS patent covers 20 lines of that code, why are the damages likely to be basically equivalent to most of the revenue for that product? 4) The cost of defending against a patent lawsuit is enormous. In other words: if you're a small software business, then there's pretty much a 100% chance someone else can sue you for patent infringement if they want to, losing the case will kill your company, and trying to defend yourself will severely drain your resources and could kill your company anyway. There's no part of that that helps or encourages innovation.