Bonum Certa Men Certa

Gervase Markham Outlines the Case Against Software Patents

Gervase Markham
By Didyktile, licensed under the Creative Commons Attribution-Share Alike 4.0 International license.



Summary: "Innovation in software proceeds at a rapid pace, and does not need the “encouragement” of patents," explains Markham

The former Governator at the Mozilla Corporation, Gervase Markham (the programmer, not the poet), has something to say about software patents. "In 2006," according to Wikipedia, "he won a Google-O'Reilly Open Source Award as "Best Community Activist" [...] and has been undergoing treatment for metastatic adenoid cystic carcinoma."

"As we have stressed so many times before, almost every software developer is against software patents."We were very saddened to learn some months ago that his time alive might be very limited. His words about software patents are therefore more critical/important to preserve.

Spotted via the blog (in Planet Mozilla) of the developer, Gervase Markham, was this piece titled "A Case for the Total Abolition of Software Patents" (later mentioned in Soylent News as well). "A little while back," it says, "I wrote a piece outlining the case for the total abolition (or non-introduction) of software patents, as seen through the lens of “promoting innovation”. Few of the arguments are new, but the “Narrow Road to Patent Goodness” presentation of the information is quite novel as far as I know, and may form a good basis for anyone trying to explain all the possible problems with software (or other) patents."

From the introduction:

Very few software patents make it down the road to patent goodness. The vast majority cost the company money to file and then lie gathering dust, acting only to provide a vague chilling effect on innovation in that area for those brave enough to do a patent search. A few become famous and tie up an enormous amount of industry and lawyer time and money. And almost none achieve that fabled goal of protecting the small inventor from the large rapacious company which wants to “steal his idea” and leave him penniless. If you add to that poor hit-rate the negative systemic effects from having a software patent system, it seems to me that the conclusion becomes obvious. Innovation in software proceeds at a rapid pace, and does not need the “encouragement” of patents. Software patents are a problem for the industry now, and will only be a bigger one in the future. We should work to end them.


We are going to keep this archived in case the domain expires in the future. As we have stressed so many times before, almost every software developer is against software patents. Patent law firms don't like to talk about it.

Recent Techrights' Posts

Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
 
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026