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Why abolish software patents

Revision as of 00:46, 5 August 2009 by 211.120.228.207 (talk) (The list)

This is a rough article to make a long list of all the arguments against software patents. This will be used as a base for drafting work in the coming weeks and months as well as in the upcoming Bilski case and maybe the New Zealand legislative proposal, and other Current opportunities and dangers.

The list

  • After 20 years, the disclosed ideas are almost all useless
  • SMEs and individuals can't afford to do patent searches
  • SMEs and individuals can't afford to defend themselves
  • When a standard it patented, the only way to avoid the patent is to avoid the standard
  • Since the logic (idea) of software can be reduced to mathematical formula (idea) with Church-Turing Thesis, and because mathematical formula (idea) is not patentable, software should not be patentable as well.
  • Since the only requirement to develop software is a commodity computer, which is very cheap, software should not be patentable just as authoring a book that only requires paper and a pen, which are very cheap, is not patentable.
  • The now obvious "auto-filling" feature of spreadsheets is patented and not available in builds of free software office software for certain distributions.
  • Working with unencrypted (no copyright protection) DVDs is not possible without violating patented codecs.
  • As of 2009, firms involved in developing HTML as an open standard with embedded video support could not recommend a video format because of the risk of patent encumbrances.
  • Companies in the software industry are banding together for the sole purpose of patent defense (ex: OIN), illustrating the system is broken.
  • In the United States, the Constitutional purpose of patents is to "promote the progress of science and useful arts", but there are numerous studies and reports showing that software patents retard progress, and have a great cost to the economy.

Existing articles

Bibliography