Bonum Certa Men Certa

Software Patents Depress Progress, Shows James E. Bessen of Boston University

Boston University seal



Summary: More research shows what we are always seeing -- that software patents are of negative contribution and there is yet more evidence now that Apple increases its extortion pressure on Android (Linux)

WHILE groups like the OIN use software patents to fight other software patents (fighting fire with fire, confusing people about the problem being one of "quality") groups like the FFII, ourselves, FSFE, and FSF work hard to convince people that software patents as a whole need to be abolished. James E. Bessen, who is in Boston University (near the FSF), has published this academic paper whose abstract states:





This report examines changes in the patenting behavior of the software industry since the 1990s. It finds that most software firms still do not patent, most software patents are obtained by a few large firms in the software industry or in other industries, and the risk of litigation from software patents continues to increase dramatically. Given these findings, it is hard to conclude that software patents have provided a net social benefit in the software industry.


It can also be found here and elsewhere. Carlo Piana says:

Bessen: study on #swpats shows benefit for deep pockets & lawyers, not SWindustry or society.


He also says:

Of course we need no study to observe how #swpats are unhelpful & #evil. But it's reassuring having evidence & numbers backing it


Piana actually said that the only solution is to abolish software patents. He is seemingly associated with the FSFE and he represented Samba in their case against Microsoft, which abused patents in this area (it still does).

The former head of the FFII summarises the paper by writing:

"Boston University's James Bessen has published a landmark study [abstract; full paper available at the link, free of charge] on a generation of software patents. Looking at almost 20 years of software patents, he finds 'that most software firms still do not patent, most software patents are obtained by a few large firms in the software industry or in other industries, and the risk of litigation from software patents continues to increase dramatically. Given these findings, it is hard to conclude that software patents have provided a net social benefit in the software industry.' Not that this surprises anyone actually innovating in software."


The current head of the FFII quotes the author as saying that "it is hard to conclude that software patents have provided a net social benefit in the software industry"

Apple is meanwhile becoming more of a patent aggressor against Linux (this started last year):

The Cupertino Bully Apple has filed a patent lawsuit against Samsung in South Korea.


Not only Microsoft is in a position of trying to destroy Linux. It's too good a platform to build an operating system upon (WebOS, Android, Red Hat Enterprise Linux, et cetera). Apple and Microsoft cannot compete.

Recent Techrights' Posts

Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
 
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day
Links 22/08/2026: Prince Harry, Elton John and Others Pay High Price for Frivolous Litigation in the UK
Links for the day
'Voluntary' Mass Layoffs at IBM/Red Hat
IBM does not want people to notice what truly goes on there
Another Round of GAFAM Layoffs, This Time Apple
Now Apple "is shutting down an entire Vision Pro team focused on developing gaming features for the mixed-reality headset."
Gemini Links 22/08/2026: The Bodyguard (1992), Minimalism, Backups, and IPFS
Links for the day
SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026