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I agree that the practical problem with the current patent system is in implementation: the granting and enforcement of broad, poorly-defined patents, and the costs of litigation. Whether it's possible for a good implementation to exist, particularly in a long-lived form that copes well with radically new technologies, is debatable.

My moral objection to patents can be concisely summed up by John Carmack:

"The idea that I can be presented with a problem, set out to logically solve it with the tools at hand, and wind up with a program that could not be legally used because someone else followed the same logical steps some years ago and filed for a patent on it is horrifying."

Anything that is so specific that it could not be reproduced by an independent human in a clean room (ie, the full text of Harry Potter) is well protected by copyright. Anything which can be reproduced through simple problem-solving can not be said to be "owned" by its creator. Patents outlaw thinking itself.



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