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

Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
[Meme] The Cancer Culture
Mission accomplished?
 
Jonathan Carter, Matthew Miller & Debian, Fedora: Community, Cult, Fraud
Reprinted with permission from disguised.work
Techrights This May
We strive to keep it lean and fast
Links 04/05/2024: Attacks on Workers and the Press
Links for the day
Gemini Links 04/05/2024: Abstractions in Development Considered Harmful
Links for the day
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day