What Software Patents Bring to Society
- Dr. Roy Schestowitz
- 2011-06-14 16:33:42 UTC
- Modified: 2011-06-14 16:33:42 UTC
Summary: How patents on software algorithms smash progress in the field
SOFTWARE PATENTS are nothing but trouble to everyone but patent lawyers/trolls and monopolists. What is it that such patents actually bring to an industry? What about the fabric of society? Let's look at a preliminary list:
- Patent trolls abundance
- Incentive to non-practising entities including patent hoarders
- Researchers being fenced out or faced with barriers of appropriation
- EU patent (unitary patent), which increases damages and scale of the patent menace
- Distrust among public figures (e.g. due to software patents in the USPTO)
- Patent deals with Android/Linux royalties
- Removal of features from Linux-based devices, using patents
- Suppression of inclusion or development of features, e.g. ZFS
- Reducing the speed of software development (patent reviews, surveys, licensing, etc.)
- Increasing uncertainty and doubt among software developers, discouraging the occupation
- FUD campaigns based on software patents (claiming Linux to be disrespectful or prone to litigation)
- Suppression of GPLv3 adoption (which impedes TiVoisation)
- Reduced trust in politics and politicians, who are subjected to heavy lobbying and disinformation
- Increased cost of products that the public buys
- Excessive preoccupation/overburdening of public courts, which deal with petty patent feuds rather than real offences
- Encouragement of software cartels that pool patents to make up a thicket
- Discouragement of standards that have patents applying to them (including submarine patents)
- Derivative works de-emphasised
- Misuse of taxpayers' money (e.g. NASA auctioning of patents)
- Distraction from technical skills due to bureaucracy and unavoidable complexity associated with otherwise-unnecessary skills
- Wasted effort due to reimplementation and patent workarounds
- Reduced staffing of developers and increased staffing of lawyers (and patent applications-geared professionals), thus less market for programmers
- Decrease in the number of programming languages and frameworks (duplicity and inspiration as a violation)
- Syntax plurality, which puts more learning burden on developers
- Increased tension and distrust between companies and respective developers
- Degraded access to multimedia (codec patents for the most part), impeding information access especially in developing nations
- Reduced interoperability and resultant inefficiency
- Code and pseudo-code turned to legalese/text, harming the teaching of technical skills
Any more? Any biases noted? How can it be objectivity improved to overcome bias?
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Disclosure: from a professional point of view, I have no vested interests in patents except that they impede my work. I work in algorithms research, software development, Web development, systems administration/monitoring, and also media and fitness on the side.
Comments
slave5tom
2011-06-15 03:50:15