I want to share my views on this issue, because they're somewhat different from the typical arguments I hear against software patents. I'd like feedback from an

I want to share my views on this issue, because they're somewhat different from the typical arguments I hear against software patents. I'd like feedback from anyone willing to provide it. I agree with you and PG that there's nothing fundamentally different about software that should make it unpatentable, but I think that the policy should be decided based on what will best stimulate innovation. For whatever reason, right now patents are more of a hinderance. Innovation in software is happening often despite patents, and rarely because of them. Even though the industry is around a half-century old now, we still seem to be in a sort of "exploratory phase" where there's no consensus on how software should best be developed, or what the "best practices" and core techniques of the industry are. I'm trying to come up with a good analogy, but I don't think this has ever happened with another technology for such a long period of time. Those of us in the industry try to pretend this is not the case by wrapping what we do in lingo and titles from more developed fields, like engineering, in order to appear more respectable. I, myself, have held the title of "software engineer" before, but I'd be lying to say that what I do is anywhere near as well understood as designing a bridge, a car, or a building's electrical system. The current problems with software patents, such as poor enforcement of the obviousness test, all stem from this. There's no clear understanding right now of what is "obvious". While this exploratory phase lasts, software patents are a form of premature optimization. Presumably, at some point, we'll enter a sort of "exploitation phase" where the techniques and methods for developing software stabilize. The spontaneous innovation we currently see will begin to slow, and it will make sense to try to foster innovation with patents. When that happens, the issue of software patents should be revisited, but for the time being, I think that society would be better off without them.