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Re:$4.5 B. Nortel Bid Shows the Disastrous State of Software... by Steko on Friday July 01, 2011 @04:02PM (#2719930)
The other side of the coin that no one has pointed out yet:

The innovation represented by these patents just made $4.5 billion. That's the definition of rewarding innovation.

"Instead of spending billions on new R&D"

If it was legal for every KIRF to come in and use every other companies innovations there would be much less incentive to invest in R&D to begin with.

Re:$4.5 B. Nortel Bid Shows the Disastrous State of Software... by kjksf on Friday July 01, 2011 @05:03PM (#2720150)
This money goes to pay the debts of a bankrupt company.

If the patents ("innovation") were so valuable, Nortel wouldn't have gone out of business.

Successful companies can (and have been) successful without patents (or without enforcing patents). Nortel was unable to be successful despite having lots of patents.

Given those facts, the case for patents as a way to "reward" innovation is thin.

There's only a weak correlation between success and patents in that successful companies are forced to pile up patent portfolios, including paying $125k per patent as in this case, not because they care about any of the technology, but because they are afraid of being sued for even greater amounts of money by some other patently rich company.

Re:$4.5 B. Nortel Bid Shows the Disastrous State of Software... by Steko on Friday July 01, 2011 @07:09PM (#2720509)
"This money goes to pay the debts of a bankrupt company."

Not disputed. Nortel was mismanaged into oblivion. That does not show that the fundamental incentive in the patent system is broken.

"If the patents ("innovation") were so valuable, Nortel wouldn't have gone out of business."

That's a total non sequitur. Any business can be driven off a cliff. The patents are that valuable and that's been clearly shown at auction.

"Given those facts, the case for patents as a way to "reward" innovation is thin."

Your "facts" are better termed anecdotes and only disprove the straw men that "you can't be successful without patents" and "patents guarantee success" neither of which is being claimed by anyone.

Re:$4.5 B. Nortel Bid Shows the Disastrous State of Software... by shadowfox on Friday July 01, 2011 @06:27PM (#2720390)
> If the patents ("innovation") were so valuable, Nortel wouldn't have gone out of business.

I am no supporter of software patents. But I don't think this follows directly. Producing innovations is different from having the business acumen to make money out of it.

Re:$4.5 B. Nortel Bid Shows the Disastrous State of Software... by dean on Saturday July 02, 2011 @12:21AM (#2720995)
My take from the article is that the patents fetched so much money because they would be a good defense against being sued. In Google's case, 'the search giant's interest was primarily defensive, β€œto create a disincentive for others to sue Google."'

So the patents don't represent innovation to the bidders, the patents represent a legal defense fund.