We're observing an evolutionary dynamic where companies are battling for viewers. This is a street fight where the gloves are off and big money is at stake. Companies are pushing each other to deliver better software faster. In the meantime, users are enjoying the new elegant tools as well as the fight itself.

The Future of Technology Innovation

Where is all this heading? What is the future of innovation and intellectual property around it?

The status quo doesn't make sense. The laws need to be useful, and current patent laws are obsolete and inadequate. Is there a middle ground between old patents and no laws at all? Brad Feld, who has written a lot on this topic over the past years, thinks the answer is no:

"After wrestling with software patents for 15 years, I've concluded there simply is no middle ground. If we continue on the path we're on, patents will increase in their overall expense to the system. Everyone will feel compelled to apply for as many (and as broad) patents as possible, if only for defensive reasons."

In a related post, Fred Wilson writes a cliche of the week: Patents are like nuclear bombs, you just got to have some. He continues:

"I have never seen patents make a business, but I have seen lack of patents hurt a business on many occasions. IP battles are like the cold war. Those who have patents can keep others honest because nobody wants to start a war that might end in everyone's destruction. But those who have no patents are sitting ducks and don't have the weapons to keep others honest. My advice to entrepreneurs is always file a bunch of patents. But don't expect they'll ever do more than keep others at bay."

It doesn't seem satisfactory either way. To not have patents at all means that at the end of the day big companies will always absorb all the best innovation for free. Filing patents just for the sake of having weapons that you're likely never to use seems costly and wasteful.

Is there a middle ground? What would you like to see happen in the future with software intellectual property?