Bonum Certa Men Certa

New Doctoral Thesis Explores the Effects of Software Patent Policy on the Motivation and Innovation of Free/Libre and Open Source Developers

Effects of Software Patent Policy on the Motivation and Innovation of Free/Libre and Open Source Developers



Summary: The thesis of Marcus Manfred Dapp offers an explanation of why software patents are bad for Europe (and for any other continent/country for that matter)

THE following thesis [PDF] is being passed around the FFII at the moment. It was written in English and it covers a topic very relevant to this Web site. The conclusion is as follows:

This study offers a first empirical investigation into the effects of motivation and SWP presence on individual innovation behavior of FOSS developers. A new metric is proposed to measure individual innovation behavior based on code contribution types: in this scale, algorithm-based code contributions are rated more innovative than reuse-based contributions. In a separate analysis, the effect of motivation and SWP presence on reverse-engineering as a special contribution type is analyzed as well. Another new metric is proposed to measure SWP presence: instead of only considering the legal situation of a jurisdiction, the patent pressure within a software domain is also included. A survey was conducted to provide a new data-set for the empirical analysis. Concerning the effects of motivation on innovation behavior, strong support can be reported for the following result: Above-average intrinsic motivation (joy and self-expression in code-writing) increases the odds for more innovative, algorithm-based code contributions, while above-average extrinsic (monetary and skills-related) motivation seems to decrease the odds. In connection with reuse-based contributions, the opposite relationship finds moderate support: Above-average extrinsic motivation increases the odds for reuse-based contributions, while above-average intrinsic motivation decreases the odds. The third result relates to reverse-engineering: None of the five motivational factors included in the analysis seem to explain why FOSS developers engage in reverse-engineering activities. These results emphasize the role of motivation within the FOSS system. Particularly intrinsic motivation appears to not only keep this system alive and kicking, but more of it also seems to lead to more innovative contributions. Simply put: ‘Programming challenging new stuff is fun’. On the other side, it appears that reuse-based contributions with a lower innovation level – often needed for ‘the last mile’ before a program is end-user-ready – can be supported by offering extrinsic incentives. What still remains opaque from a theoretical point of view is the question why developers engage in reverse engineering. A broader analysis of motivational factors is needed here. Concerning the effects of SWP presence on innovation behavior, the empirical results are less conclusive. Neither opponents nor proponents of SWP will find support for their positions that the presence of SWP decrease or increase respectively the odds for innovative, algorithm based contributions by FOSS developers. None of the three metrics used to capture SWP presence lends sufficient support to either side – be it positive or negative. Support, however, is found for a hypothesis related to reverse-engineering: stronger SWP presence attracts reverse-engineering based contributions by FOSS developers. These results confirm several challenges for research as well as for policy-makers. Both continue to lack a broad, sound empirical foundation to discuss the effects of software patents on FOSS innovation. For researchers, the challenges raised in this study are (a) to develop an easy-to use yet nontrivial metric to measure the presence of software patents empirically; (b) to quantify their effect on the FOSS system, helping policy-makers make better-informed decision. For future research, it would be useful to verify some of the links argued for in this study using other data sources. CVS logs have been used in the past for code contribution analysis. Maybe the innovation metric proposed here could be helpful in that regard. For policy-makers in innovation and intellectual property policy fields the challenges are (a) to decide whether FOSS deserves a special case when debating software patents because of its unique way of producing software for the common good; (b) to continue treading carefully in the field of software patents before jumping to legislation. The FOSS market has reached a size where harm cannot be considered collateral damage as it may have in the past. Although the results have not shown systematic harm to the FOSS communities, there is still no empirical support that the traditional arguments in favor of patents do hold for the FOSS system – or software in general as some continue to argue. Some limitations of the study deserve mentioning. First, taking the individual developer as unit of analysis ignores explanatory factors on project level that can also influence innovation behavior, such as project size and organizational structure. The larger a project is, the more elaborate its organization structure becomes, the more contributors tend to specialize in their contributions – up to a point where dedicated roles may emerge. Such a division of labor biases the measurement of individual innovation behavior. Second, it is impossible to investigate whether software patents caused projects to stop by only surveying ‘alive’ projects from SF as it has been done in this study. To obtain a complete picture, it is necessary to run a dedicated study on failed projects – even if the response rate will be very low.


No extraordinary claims are made, but it is clear that a correlation does seem to exist. If a legislator wishes to encourage software freedom and local production, then software patents would only act as a deterrent. They are detrimental.

Comments

Recent Techrights' Posts

Microsoft Windows Falls to 19% in Congo, Only About 1 in 8 Windows Users (or 2-3% of Web Users) Are on Vista 11
The estimated share of Vista 11 fell sharply this past month
Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
 
Another Case Study Regarding Edge's Death
people adopt Chrome and a lot more people use obscure browsers than adopt the latest Edge
[Meme] A Question of Interests
'The Internet? We are not interested in it.' -Bill Gates, 1993
In the Romanian Browser Market, Microsoft is the 2% (Edge Down to 2.3%)
the Wintel era has ended
Gemini Links 17/08/2024: Selfishness and Offline BBSing
Links for the day
Frans Pop & Debian Day 2024: 31 years of deception and modern slavery
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 16, 2024
IRC logs for Friday, August 16, 2024
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024