Outlaw? I never said anything about creating laws. I'm trying to keep people out of the courts.
No one patents anything for the good of anyone else. No one.
The patent system as far as software goes, is very broken, but beyond what any mere human can hope to fix. It's been demonstrated over the course of so many years that it's just not possible to have someone at the USPTO able to hold back on giving out patents on the most absurd applications.
I've already been held back enough in my lifetime by patents. The way the system is now developed it makes it very difficult for the small fry or startup to innovate in many areas for fear of being litigated to death. That doesn't foster development nor creativity. As another example, while at ATI, I came up with a number of neat implementations of a visual television guide. We couldn't move on any of them for fear of being sued by Gemstar. I read most of their patents up and down and from a laymen's perspective we seemed to be in the clear. Ooops, lawyers insisted that we NOT read the patents and certainly absolutely never ever mention the patents or Gemstar with regards to the patents in any emails or other written documentation. Obviously once it's been proven that you knew about an existing patent it's apparently a lot easier to prove you were copying or had intent to copy. Anyway, the higher ups didn't want to chance even the possibility of upsetting Gemstar, even if the designs didn't fall under their patents.
As a software designer and publisher, I'm against software patents. I could benefit from the corruptible USPTO. I could have benefitted from them quite a few times already. Just needed to spend some money on lawyers and filing fees. And that's where the expense is for many filings. Not in the discovery and research that are what a patent is supposed to help you recoup by giving you a window of exclusivity.
If the system can't be dismantled then it needs strong reform. To start, making software patents last no more than 5 years, but more meaningfully 3, would be a start. Right now it's 20. Ludicrous.
Did I pull 5 (or 3) out of my ass? No.. That's enough time to establish a market or brand or both. Along with a leadership position and a fighting chance at making back the investment put into the development of the "invention."