Rather, the softwarepatent debate pits the patent bar and large software companies like Microsoft and IBM, which have tens of thousands of patents, against rank-and-file programmers and up-and-coming entrepreneurs for whom the threat of frivolous litigation is a growing disincentive to innovation.
The Supreme Court first upheld a softwarepatent in 1981, involving software controlling a process for curing rubber, and since then patents have become a vital bulwark protecting the assets of big companies like IBM and Microsoft.