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 Demands That Staff Keeps Silent About the Mass Layoffs
Way to cause anger and ensure whistleblowers will go to the media
ITwire Became Slop and Spam
The site still exists, but it's not what it used to be
W3C Died 20 Years Ago, Now We Live in a Post-W3C Era. Linux Foundation is 'Slop Bros', Now Linux is Becoming Unfree.
Torvalds is on the same side as Epsteingate
Linux Kernel to Hide the Slop to Avoid Backlash, Suggestion Made by Former Microsoft Employee While Another Former Microsoft Employee is Worst Slopper/Culprit in Linux
Did Torvalds listen to slop antagonists?
Microsoft Shutdowns in Africa, Mass Layoffs Also Reported This Week
further shutdowns
 
IBM's Anderon is Like Theranos, But Will Anybody at IBM or Anderon Be Imprisoned for This Billion-Dollar Scam?
Will anyone ever be held accountable for it?
Microsoft XBox Won't Survive, Microsoft's CEO for This Perishing Business Turns to Slop
What the founder or father of XBox said about Asha Sharma earlier this year turns out to be accurate
Links 14/10/2026: So-called 'AI' Giants Go Bankrupt, "Military Will Hack the Election"
Links for the day
Indoor Season
we have more planned in order to improve navigation, accessibility, and workflows
Microsoft Has Had Mass Layoffs in Azure Every Year Since 2020 and the Bleeding Continues Because It Misreports Earnings There
This is a bad week for Microsoft
Microsoft's International Mass Layoffs (Asia, Europe, Africa), Now Vietnam
A crisis that Microsoft is unable to hide
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 13, 2026
IRC logs for Tuesday, October 13, 2026
Gemini Links 14/10/2026: Ceiling Fan, Fascism, Democracy, and Slop Being a Huge Bubble
Links for the day
Reports of Stress and Layoffs at Microsoft, Some People Laid Off Under the Guise of "Ban" (Gift From the Administration) and Many Sacked in India
"pip and gvsa" layoffs in India
We're Way Past the Point Where Companies Announce or Declare Mass Layoffs
Layoffs are becoming hidden
Solicitors Regulation Authority (SRA) Besieged by Blind Justice UK, Politicians Increasingly Involved
"Today we have written to Members of both Houses of Parliament"
Vance Has Helped Microsoft Implement Secret, Silent Layoffs
Nothing excites Microsoft more than means by which to discard many employees without an obligation to tell shareholders about it
To The Register MS, Microsoft is the Only Brand That's at the Main Menu!
Consider that the Editor of The Register MS is a longtime faithful Microsofter
Microsoft's Collapse Will Continue, It's Drowning in Debt Now
Expect many more mass layoffs
Legal Self-Sufficiency
The more impact our work has, the more legal bullying will come our way
Plans for Winter in Manchester and London
From many perspectives, we're satisfied with the certainty and robustness of UK hosting, it's just that we're not yet robust/resistant enough to DDoS attacks
Customer Support Experience in 2026
Because the customer is never right
Links 13/10/2026: More Plagiarism Lawsuit Over Slop and AirAsia Needs State Help
Links for the day
Intercontinental Brigading - Part II - An Outline of This Series
What's to come
Gemini Links 13/10/2026: Dopamine Nation, Planner and Fatigue, and Moderators
Links for the day
Links 13/10/2026: Norway Fines Microsoft and Cops Can Creep on Airbnb
Links for the day
When Computers "Expire" Because Certificates Expire
People who promote Restricted Boot are liars. They lie for a living.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 12, 2026
IRC logs for Monday, October 12, 2026
Gemini Links 13/10/2026: Modern Science, Joplin, Luddites, and Lots More
Links for the day
Mass Layoffs at Microsoft Again (October 2026), So-Called 'AI' Units Impacted Because Slop ('AI') Has No Real Future
So much for the future of Microsoft being "hey hi" (AI)
European Readers, Please Contact Representatives (in One's Nation) Attending the Administrative Council Meeting
Normalising cocaine in in Europe's largest institutions (the people running these) is a slippery slope
Network Plumbing
We hope it'll help speed things up
For Half a Year the European Patent Office (EPO), Europe's Second-Largest Institution, Has Had Water Problems in the Toilets
And it's not being fixed
Intercontinental Brigading - Part I - The Failed Attempt to 'Swat' Our Series About the Attacks and Crimes Committed Against Us
This coincided with threats to our lives
Links 12/10/2026: Strike on Riyadh and GOP Pays Voters ("Surprise $90 Social Security Payments")
Links for the day
Microsoft's XBox CEO Spoke of a "Return to Growth" Last Week, But XBox Sales Lowest in XBox History (Quarter of a Century)
Microsoft's XBox is dying. It's a countdown to nothingness.
Links 12/10/2026: Shopify (Slop Booster) Has Security Issues, "Russia’s Yandex Says Data Center in Vladimir Shut Down After Drone Attack"
Links for the day
"My Hands Are Shaking While Writing" About IBM's Mass Layoffs at Red Hat (Bluewashing)
Shame, shame, shame on the corporate media for not covering Red Hat's layoffs this year
Taking a Look at the Last Articles of Bob Cringely at Forbes, They Were All About IBM and Its Collapse
It's all about IBM
Microsoft Windows Causes Problems (and Delays) to LibreOffice and The Document Foundation
Nothing would please Microsoft more than Windows curtailing the development of LibreOffice and adoption of ODF
So Far This Year Microsoft Windows Lost a Lot of Ground in China, GNU/Linux Gaining at Its Expense
GNU/Linux will soon exceed 10%
Lessons of Margaret Hamilton (Software Engineer)
Stop abetting men who attack women in the sciences
RIP, Bob Cringely
He was too young to leave us, his articles were still brilliant and his mind as lucid as ever
What is "Computer Science"? It is What Broligarchs Reject.
Nowadays some people call themselves informal terms or made-up titles (with terms like "AI" or "big data" or "data" tossed into the mix)
Linus Torvalds Has a Conflict of Interest Regarding Slop
Linus Torvalds is paid by the slop pushers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 11, 2026
IRC logs for Sunday, October 11, 2026
Africa Sees GNU/Linux Exceeding 5% "Market Share"
It wasn't always like this. It used to be measured at 1 or 2 percent.
Brigading Against Women - Part XXVII - Americans and Public Executions
"People who work for Facebook / Xitter / Bytedance's Tiktok / Microsoft / Oracle / IBM / Apple / Uber / Lyft / Wolt / DoorDash / AirBnB / Bolt / and so on are doing some world-class projection when they have the audacity to call others Bad People(tm)"