> the Court not only did not address this sort of argument but it also carefully emphasized the idea that it was to "tread carefully"
I'm very much against the software patent industry, but in general, judicial restraint is usually more good than bad. Sweeping redefinitions of law by the Supreme Court that go beyond the primary issue at hand in the case more often than not have very problematic unintended consequences. While it would be great to kill the software patent industry overnight, that kind of change is better left to the legislature, while courts deal with challenges to specific claims of patent trolls. It's a slow process, but it's much tougher to roll back a Supreme Court decision with unintended consequences than legislation.
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I'm very much against the software patent industry, but in general, judicial restraint is usually more good than bad. Sweeping redefinitions of law by the Supreme Court that go beyond the primary issue at hand in the case more often than not have very problematic unintended consequences. While it would be great to kill the software patent industry overnight, that kind of change is better left to the legislature, while courts deal with challenges to specific claims of patent trolls. It's a slow process, but it's much tougher to roll back a Supreme Court decision with unintended consequences than legislation.