<instructions>Your goal is to analyze the following comment and estimate how highly it will be upvoted by the Hacker News community.</instructions><comment><author>iwwr</author><text>EFF&apos;s position is too moderate. 5 year monopoly on software ideas? If not even the EFF is willing to take an unequivocal stance against software patents, the trolls and the system will keep their legitimacy.&lt;p&gt;We should not be afraid to take (seemingly) radical positions. Fear of offending the status quo is what keeps it in place. Not too long ago the idea of patenting a theorem or a gene was dubious; the moderates may only slow the tide, not push it back.</text><parent_chain></parent_chain></comment><story><title>EFF taking on software patent reform</title><url>http://defendinnovation.org</url><text></text></story>
<instructions>Your goal is to analyze the following comment and estimate how highly it will be upvoted by the Hacker News community.</instructions><comment><author>elisee</author><text>&quot;If the patent is invalid or there&apos;s no infringement, the trolls should have to pay the legal fees.&quot;&lt;p&gt;By offering to reduce the time to five years, they are implicitly supporting the idea of using and defending the patent for those five years. You might legitimately think there&apos;s infringement and then the court might find otherwise. Calling anyone who goes to court with a patent a troll seems unnecessary in that case.&lt;p&gt;&quot;Infringers should avoid liability if they independently arrive at the patented invention.&quot;&lt;p&gt;You don&apos;t pay damages, and then what happens? Do you still have to get a license or can you keep going because you invented it on your own? Also: how do you prove you independently arrived at the patented invention? Who&apos;s burden is it to prove / disprove it?</text><parent_chain></parent_chain></comment><story><title>EFF taking on software patent reform</title><url>http://defendinnovation.org</url><text></text></story>