Why Open Source Stalls Innovation and Patents Advance It

Does not seem to provide any credible research that either position have an effect on innovation.

Basically seems to be trying to argue that because open source advocates that software developers don't read patents that we are incapable of understanding what is out there and where innovation needs to be done. (Since it is recommended that we don't since then we can be done for willful infringement)

He doesn't seem to believe in independent invention and sides with who gets their first should get be granted monopoly. Therefore he doesn't think copyright is a valid protection since he wants a enforced monopoly.

Doesn't seem to really understand the software landscape at large. Seems to be advocating an utopia enterprise vision where each component is created just once and everyone just uses that one. No reinvention, small refinements, or customisations needed.

I think his notion about the open source community is dated by a few years and seems to be based on FSF = open source. A lot of open source projects are written now by companies that are anything but anarchistic. Open source simply becomes an end to consolidate subject matter experts across companies on a single project rather than each company inventing their own. eg cassandra , tornado , rails.

Software innovation happens at a few different levels -> the math like algorithmic level, innovations in implementations, and business innovations. Allowing patents on algorithmic innovations would strongly chill the pace of innovation.

Lastly as a person doing a startup - the upfront cost in terms of time and money for doing patent research would be pretty damaging. Would be interesting to hear from other startups on what they feel about this.

The author has a mental model of innovation which I don't think is accurate.

The patent system helps people look for "open spaces": new ideas, and work in them. He goes on to say that this eventually fills the space of ideas, pushing to a "paradigm shifting innovation" that "causes the hunt for open space to reset".

The problem with this idea of innovation is that it portrays it as a 2D space where no idea can stand on top of any other. His idea of innovation only includes new ideas that forever extend outwards at the same level. There is a third dimension this model does not capture: innovation that builds on top of other ideas. This third-dimension innovation is what is damaged by the current patent system, and why so many software developers feel so strongly against patents.

To the author's 2D innovation mental model, open source appears to be retreading the same ground over and over. To software developers, innovation can be seen in the third dimension.