I congratulate you for writing an interesting blog post and I can understand that one would like to obtain a monopoly if he's found a working business model, yet I consider such a practice to be highly unethical.
You are right in thinking that you deserve to reap the benefits after you've found a solution to that problem. You truly do. But you're wrong in drawing the conclusion that you've somehow acquired the right to shut out your competition.
Software patents are a sham(e).
Down here it is common for people to copy your code by reverse engineering or some other method and use it blatantly in their products, because they know that you can't go after them. What a patent does is that it gives that aura of security. I think that the indian govt. is trying to setup a fast track court to deal with patent disputes in order to be globally competitive. So, people are less likely to mess with you if you have that bit over there.
In his point of view it is a defense tactic necessary for the survival of his company. It is doubtful that his company would survive beyond a point if it doesn't protect itself like this. I know this is wrong in so many ways, but try to explain this to the trolls.
This ridicules the whole concept of software patents. Where they should protect innovation they simply protect the lack thereof. If it was the other way around, if they had such a great product that the competition had too much work to do, they wouldn't need a patent in the first place. This is how the rest of the world deals with the problem.
Now we know that having the best product is not a guarantee for success. And that's where that unethical edge-taking via patents comes into play.
The problem is that you're assuming that everyone is playing a level headed game with you. I was born and raised in India. Even though I grew up elsewhere inside my head, I've seen stuff that is so far out that I really couldn't believe my eyes.
I've seen my father pile money into a black bag for his boss in order to bribe a certain famous politician. Why? Well, they wanted to win the bid for supplying security gear to a certain infrastructural branch. I snorted in disbelief and I was promptly rushed out of the room.
I've seen people copy and paste code for a living in a company. I've seen family businesses that are hardly above being a gray mafia. I've seen people burn their books every year to evade tax, and I've seen tax officials get richer and richer all the time.
Do you want me to continue?
It is true that such stuff happens every where, but over here it is taken as the birth right of a company to do so. As long as they have money in their pockets no one can touch them. This is where scare tactics come in.
Whether or not his company is innovative is a question that comes into play only when other people are competing in the same way. Trust me he has done something extremely bold down here, but the trolls have more money and less expenses. They don't need to hire people to develop stuff. They just copy whatever he makes and bribe the officials so that they can get away.
If a patent deters them even one bit and allows him to thrive then I think it is logical for him to do so. Right or wrong comes into the equation when certain basic parameters are met.
Personally, I can't live like this and the minute I get an opportunity I will pack my bags and leave. I want to spend my time creating beautiful things not fighting trolls in the name of running a "business". So, in a way I applaud him for standing his ground and fighting to make it down here. At the same time I condemn him, but can I really blame him?
Thank you for sharing your indian point of view. :-) At first I failed to see how all those local issues make a difference. That is because the whole problem translates flawlessly to a global context and I focused that context alone.
It's not hard to imagine that the inhibition threshold is much lower in an environment like the one you described.
>>>your indian point of view<<<
That's the problem. I was born here. I've stayed here all my life, but it's like I've grown up elsewhere. Somewhere in my head. Try to understand something I don't represent the average indian view, and neither do I have any feelings of patriotism or stuff like that. I don't get choked up over national flags, parades or holidays. As George Carlin would say they are symbols and I leave symbols to the simple minded.
So, don't take me as a representative of India or anything like that. I just observe and move on. Earlier I used to get fired up, but now I realize; what's the use?
Anyway, thank you for replying.
We're a start-up, and we aim to innovate and build value. If we do patents, the objective is not to monopolize but more like an old Arab saying, "Trust in God, but tie up your camel".
:(