> You may be right, but a similar claim could be made about any patent case. (i.e., it's a weak argument.)
You would be correct that this wouldn't save you in court -- under current patent law, independent inventions still counts as infringement. But my argument is that in terms of what feels "right" or "just", independence is the key test. If it turns out later that Google did in fact read Rockstar's patent and copy them, the outrage at Rockstar would probably be mitigated.
> Obviously, Google claims they've never read the Rockstar patents or that they're irrelevant, but equally obviously, I'd make exactly the same claim regarding the time machine.
You could claim that, but I could also prove it false. If you read the patent by downloading it online, there's an electronic paper trail. Unless you're Doc Brown, building a time machine sounds complicated enough to require multiple people, so there are now witnesses to your copying. I'm not a professional investigator, but if I were, I'm sure I could find some other ways of proving or disproving copying -- especially if there were bajillions of dollars on the line.
That said, if you had a time machine, I suppose you could just go back in time and patent it first and avoid the issue altogether. But temporal mechanics mechanics aside, if you're curious on how to make an independent invention defense work, I've written a much longer post on it at http://www.techdirt.com/articles/20121011/14171220681/yes-in...