Good. Now I hope someone figures out how to abolish software patents.
And hey, I’m not actually opposed to all patents. H.265 - if you put tens of millions into compression research, or hundreds of millions into database scaling research at PlanetScale, a temporary exclusivity period makes sense.
95% of software patents don’t reach that level.
I think some of the bad rap also comes from technology advancement. Amazon’s 1-click Checkout patent is notorious; but nobody talks about how much of an accomplishment that technology was in 1997. It actually was very impressive when that patent was granted, particularly in getting the credit card networks to agree to the security design.
That doesn’t require an implementation - but that mirrors our regular patent office, which does not require physical functioning prototypes to demonstrate.
That's not always the case. For example, patents around nuclear technology:
Have you filed or read any software patents? Many are so vague that they do not embody any significant "idea" or contribution, and are mostly just a hindrance to actual innovation. And some are just plain stupid, like the patent to average two integers without overflow.
Like the parent said, a compromise could be "source or GTFO". But even that seems of questionable value.
The shit show gets to the point where many companies file patents defensively. They'll file a patent just in case their competition does it first, even if they have nothing to show for it. And this naturally affects smaller companies disproportionately because they do not have the funds to pay lawyers (there is a hilarious interview on Youtube of a small startup CEO that explains how his company spends more on lawyers than engineers.)
So tl;dr, we'd probably be better off without software patents altogether.
Again though, in an ideal world. In reality any major changes to something like copyright would probably get you killed even faster than judges who are hard on drugs. The most that we, the people, can do until there’s some amount of backbone in our various countries is to remove ourselves from the primary market wherever we can. For instance, I have been on a successful Nintendo boycott for the last 8 years, and it’s been even longer for Disney. I buy anything I want secondhand or pirate it directly, I don’t pay into SaaS but use alternatives, and I feel a lot happier being ungovernable in this way.
But 99.9% of legal arguments are copies. I.e. ideas with precedence. Copying is to be encouraged.
If legal ideas, which are the fallback of all our rights, could be owned, not even a veneer of justice would remain.
Because of the nature of software patents the investment is worthless anyway.
One of the biggest problems with software patents is that they're unreasonably broad or ambiguous and then the claims read on arbitrary software the authors of which have never even heard of the patent.
Another is that companies purposely patent interfaces that are needed for compatibility, and then the patent isn't needed because it's so great, it's needed to interoperate with existing systems and thereby offers no ability for competitors to design a better alternative because better is different is incompatible. You have to license H.264 even if you build something better yourself -- or you've already licensed H.265 -- because you still have to be able to interact with media and clients that use H.264.
Then as between large companies, they all need each others' patents and just end up cross licensing everything. All the effort is for nothing because it just cancels out.
As between large companies and small companies, the large companies can sue the small one, but the small company probably doesn't have any money anyway and the suit makes the large company look like a bully and creates PR losses that likely outweigh any benefit from filing the suit. The small companies, on the other hand, can't sue the large ones because the large company would just file counterclaims and (at best) force the same cross-licensing that exists between large companies. So that's worthless.
Which leaves the only entities that really like software patents: Patent trolls. Eliminating them is a major economic benefit of eliminating software patents.
As you explain in the next paragraph, that creates a moat the protects the large companies from the small ones.
They compete against each other but they also collectively defend their own kind.
Even large companies don't actually benefit from that because their suppliers and companies in complementary markets do the same thing, and you lose any time any of those companies can maintain a moat with which to extract rents out of your own market.
These are deadweight economic losses. They hurt everybody to benefit the company doing them, but even that company is suffering a net loss because of all the companies doing it back to them. Yet they still do it because it's a tragedy of the commons, unless you remove the mechanism that enables it, i.e. software patents.
For PlanetScale, are you sure the patents are necessary when they have copyright on all their code?
I'd say that productivity-enhancing software patents are so vanishingly rare that we barely need to consider them.
Also software is math, it's not supposed to be patentable.
How exactly is removing the confirmation prompt for the purchase basket a technical accomplishment?
The result is that H.265 hasn't gotten much commercial adoption (the one major use is 4K Blu-Ray). Instead, most major streaming and tech companies have been pushing AV1, which doesn't have licensing fees and takes a "mutually assured destruction" approach to patent enforcement (the AV1 patent license states that if any patent holder tries to sue an AV1 user for patent infringement, they automatically lose the rights to all AV1 patents, opening them up to a countersuit).