Fact Checking
Well-Known Member
In practice, everyone in the software industry knows this, so with the exception of occasional lunacy like the Apple/Samsung case, they all sign "mutual disarmament" agreements agreeing to not sue each other over any purported software patents.
Yeah, and the software patent portfolio of the biggest players are basically weapons of mass destruction of mutually assured destruction, and everyone knows this and nobody with a real business will prefer to go nuclear as a first option. So they cross-license and occasionally extract licensing fees from smaller players.
Apple's patent case against Samsung was more of a personal mania of Steve Jobs who (incorrectly) felt wronged by Android, it wasn't a smart business move. Why Jobs, after Apple effectively used FreeBSD to bootstrap iOS and made great use of shared R&D thought it outrageous that high-tech companies copy design trends such as 'touchscreens' and related UI concepts is beyond me. Apple did so in the past and they'll do so in the future too.
The big players are mostly happy with the status quo, it's smaller startups that are at risk - but even them are mostly the targets of patent trolls, the big players generally don't use software patents offensively.