As Bessen and Meurer's book "Patent Failure" points out, one of the biggest problems with software patents is their lack of well-defined boundaries. This makes it very hard to tell whether newly-written code is infringing on existing patents or not. The threat of treble damages for wilful infringement removes any incentive to try to find out.On Techdirt.
Could this be a bit of game theory on Samsung's part? Samsung are obviously not the only Android vendor around (that's the nature of Android), so by making a deal, particularly an obscure one, with MS they move clear of an obstacle that MS will then place in the way of one of their Android-selling competitors --- a potentially bigger and more expensive obstacle since the pressure increases every time anyone else settles.
ReplyDelete(not posted on techdirt 'cos... well, it looks like a bit of a bun fight over there :-)
@guy: - yes that's quite possible; Samsung clearly has no loyalty to anything but itself - understandable, if not laudable.
ReplyDeleteAnd yes, Techdirt is *always* a bit of a bun fight in the comments...