Do you also find it a positive sign for property rights when the number of homeowners seeking the assistance of IJ to fight eminent domain abuse increases?

Well, Tim, I am a property owner, and eminent domain is one of the few issues I agree with you on. However, I find myself disagreeing with your analogy to my post.

The fact that FOSS firms have begun patent due diligence and compliance efforts, while continuing to thrive, negates the call by many that FOSS will collapse in a technology industry landscape where patents exist.

I hope GNOME continues to innovate, as that will simply prove my point.

Gnome is continuing to innovate despite the burdens of the patent system, just as people continue to find places to live despite the burdens of eminent domain abuse. The fact Gnome has retained a lawyer seems like a sign that those burdens are growing, just as IJ taking on more clients would be a sign that eminent domain abuse is increasing.

Tim, your analogies are getting in your way.

My point about GNOME may sound relevant to your eminent domain analogy; however its not. I'm addressing a very specific argument touted by FOSS supporters, namely that software patents will kill FOSS innovation. Obviously, whether GNOME innovates because of, or depite, software patents, is not so important as the fact that its development model remains viable with patents in the landscape.

My feeling is that that GNOME and other FOSS entities may be blown away by windmills rather than software patents; at least judging by the kiddy gloves FOSS supporters treat their revolution with.

Putting aside the problem of software patents, I see another interesting trend, and that is the displacement of for-profit entities by the not-for-profit center.

http://enigmafoundry.wordpress.com/2007/03/07/not-your-fathers-thousand-points-of-light/

Well, I guess you've disproved the notion that software patents will instantaneously and completely destroy free software. I don't know of anyone who's ever made that argument, though.

The reason why software patents won't kill FOSS is important; FOSS entities have recourse to legal pools, indemnification by distros, cross-licensing, patent hunters. There exists numerous avenues for FOSS to strive with its model of voluntary development in a landscape of software patents.

While these items may not be significant to you Tim, tech policy readers should know that FOSS' contributions to the technological community can continue in the current regulatory state. Of the (purported) negative aspects of software patents discussed, ruining the the FOSS community should not be one of them. Rather, software patents can continue contributing to innovation in proprietary streams, while not deterring innovation in others.

Mr. E, we'll save talk about displacement of profit activities some other time. For now, I'll say I don't think its entirely negative that efforts like Wikipedia and Craigslist are displacing Brittanica and for-pay classifieds; thats simply competition. I will say though that their supporters should raise some qualification in terms of how Wikipedia and Craigslist can improve or evolve.