Bonum Certa Men Certa

The Man Who Brought Software Patents to the US “Nicely Demonstrates Why We Shouldn't Allow *Hardware* Patents Either”

Martin Goetz



Summary: Martin Goetz thinks that those who oppose software patents are "diehards" and that all software patents are about machines rather than about "mathematics, or a mathematical formula, or an algorithm, or an abstract idea"

LAST YEAR we saw the man who's said to be responsible for software patents in the US (in the sense that he received the first one) getting ridiculed for defending the practice. This man, Martin Goetz, is having another go at it right now. He dismisses his critics, calling them "diehards" (even if they represent majority opinion among developers) and his post "nicely demonstrates why we shouldn't allow *hardware* patents either," says Dr. Glyn Moody, formerly a mathematician and now a journalist. Here is Goetz's ending which says a mouthful:



In my previous article there were many comments from diehards that continued to believe that software companies are trying to patent a computer program. Whether those diehards still believe that a computer program is mathematics, or a mathematical formula, or an algorithm, or an abstract idea, so be it. Computer software programs are not what software companies are trying to patent. A software patent invention is on a unique machine process ---- nothing more and nothing less. And the criteria should be 1. Innovation 2. A proper disclosure and 3. Usefulness --- the same requirement that is the criteria for all patentable subject matter.


Well, actually, this is pure spin. Companies that patent an algorithm or a simple idea that's implemented digitally rarely claim in their defence that it's a "software patent invention [...] on a unique machine process" (they don't even mention "machine"). That's just Goetz looking to cover his own tracks. In the process he helps readers show why hardware patents too are unsound and unjust. A few days ago I had a face-to-face chat with an Intel engineer and he too acknowledged that patents are monopolies; they were "good" monopolies, however, because they belonged to the company which paid him a wage. The only defensible thing about these monopolies is that the process required to construct chips (including design) is far more expensive than the process of studying patents. An analysis of patents by a one-man (or women) software development team is simply impractical. It makes no economic sense and it simply impedes innovation. ⬆

Comments

Recent Techrights' Posts

More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
 
Linux is Not Controlled by Linus (Torvalds)
Torvalds has become "90% marketing hype"
The "No Pain No Gain" Expectations in Publishing
Sometimes truth hurts; but that does not mean it mustn't be told
Intercontinental Brigading - Part XIII - Censorship by All Means Available in a Continent So Far Away, as 'Secure' (Restricted, Restriction by Microsoft) Boot Has a Crisis of Legitimacy
it's about America controlling sites and computers everywhere
Links 24/10/2026: Oligarchs Already Buy US Elections, GAFAM Front Group "EFF" Speaks of "Vulnerability Apocalypse"
Links for the day
Gemini Links 24/10/2026: Automobile Differential Tire Movement, Samsung Washer Woe, and Slop Scraping
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 23, 2026
IRC logs for Friday, October 23, 2026
As Usual, Late on a Friday XBox (Microsoft) Releases Evidence of Its Demise
We covered several such Friday announcements earlier this year
Gemini Links 24/10/2026: Break/Fix and OpenStreetMap
Links for the day
Links 23/10/2026: Slop "is Scaling Transnational Repression" and Infringement and DMCA Suits Against Suno/Anthropic (Plagiarism Blenders)
Links for the day
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026
Gemini Links 22/10/2026: Solar MiniBBS, Building Major Tom, and Zig
Links for the day
Links 22/10/2026: Busan’s Celebrity Shark in Canal Again
Links for the day
Links 22/10/2026: "Software Developers Have Been Promoted Into Incompetence"
Links for the day
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026