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More than innovation

When discussing patents, many politicians focus on innovation. Studies show that software patents block innovation, but there are also other very important issues.

As well as innovation, society's software needs include reliability, ease to use, compatibility with existing file formats, reasonable prices, acceptable conditions, and many other factors. All of these cannot be sacrificed for innovation, and many of these require either diverse competition or free software.

Do you mean innovation or development?

Some discussion of patent policy should focus on innovation, but many people talk about the problems of software patents as if the only problem was that they slow down innovation. To avoid understating the problem in this way, think about whether "innovation" is the right word, or if you mean the broader activity of "progress" or the even broader activity of "development".

Examples of valuable, non-innovative development

In each of these examples, the second group does development that does not require innovation but is valuable for society. Patent policy which only considers innovation would ignore the social value of the second group in these examples.

  • one company develops a PDF reader with Digital Restrictions Management (DRM), and a second company develops one without DRM.
  • one team develops a video player that works on GNU/Linux, and a second team develops one that works on GNU/Linux plus other operating systems.
  • one person develops a reusable web framework in Chinese, and a second develops a similar framework with multiple languages.
  • one company makes a social networking website that collects and distributes people's personal information, and a second makes a website that protects people's privacy (by using existing tools and known good practice).
  • one company makes a proprietary operating system that cannot be audited or controlled to the consumer's liking, and another group makes similar software as Free Software, so the customer can audit it and adapt it.

Economics

Issues of competition:

Social issues

Related pages on ESP Wiki


Why abolish software patents
Why abolish software patents Why focus only on software · Why software is different · Software patent quality worse than all other fields · Harm caused by all types of patents
Legal arguments Software is math · Software is too abstract · Software does not make a computer a new machine · Harming freedom of expression · Blocking useful freedoms
High costs Costly legal costs · Cost of the patent system to governments · Cost barrier to market entry · Cost of defending yourself against patent litigation
Impact on society Restricting freedom Harm without litigation or direct threats · Free software projects harmed by software patents · More than patent trolls · More than innovation · Slow process creates uncertainty
Preventing progress Software relies on incremental development · Software progress happens without patents · Reducing innovation and research · Software development is low risk · Reducing job security · Harming education · Harming standards and compatibility
Disrupting the economy Used for sabotage · Controlling entire markets · Breaking common software distribution models · Blocking competing software · Harming smaller businesses · Harming all types of businesses · A bubble waiting to burst
Problems of the legal system Problems in law Clogging up the legal system · Disclosure is useless · Software patents are unreadable · Publishing information is made dangerous · Twenty year protection is too long
Problems in litigation Patent trolls · Patent ambush · Invalid patents remain unchallenged · Infringement is unavoidable · Inequality between small and large patent holders