I used to think they were entirely useless, but since then I've learned of many instances where a much better technology is developed because the first iteration is patented.
For example, the Wright brothers biggest contribution to aviation was suing everyone using wing warping (https://en.wikipedia.org/wiki/Wright_brothers_patent_war) which greatly advanced the adoption of the much more advanced ailerons.
Software patents have a similar effect, for example Cisco's patent on Virtual Router Redundancy Protocol led to the development of the more secure and more capable Common Address Redundancy Protocol (https://jacobfilipp.com/DrDobbs/articles/SA/v14/i05/a6.htm).
We tend to invest heavily in whatever we can get working first, but it's rarely close to an ideal way of doing something. By pushing every developer to find a newer, better way of doing something, patents prevent stagnation and lead to more advanced technologies.
cogman10•3d ago
This sort of benefit in software can be realized with much shorter terms. A 5 or 10 year term would accomplish pretty much all the same benefits. 25 years is just way too long for software.
dlcarrier•2d ago
The benefit comes from no one ever using the earlier inferior versions.
cogman10•2d ago
Correct. 5 years is long enough to kill off inferior standards and let superior ones blossom.
autoexec•9m ago
> Cisco's patent on Virtual Router Redundancy Protocol led to the development of the more secure and more capable Common Address Redundancy Protocol
This seems like a success story in spite of software patents, not because of them. Just because they were forced to develop a new protocol in order to avoid getting sued for using Cisco's doesn't mean that they wouldn't still have improved on what Cisco had if they'd been allowed to use and modify it freely. The lack of lawsuits hanging over everyone's head certainly hasn't prevented innovation from happening in FOSS.
fluoridation•2m ago
Having people create new technology to avoid arbitrary legal hurdles instead of adopting existing and perfectly functional technology doesn't seem particular efficient.
unfitted2545•3d ago
ThrowawayTestr•3d ago
dlcarrier•3d ago
For example, the Wright brothers biggest contribution to aviation was suing everyone using wing warping (https://en.wikipedia.org/wiki/Wright_brothers_patent_war) which greatly advanced the adoption of the much more advanced ailerons.
Software patents have a similar effect, for example Cisco's patent on Virtual Router Redundancy Protocol led to the development of the more secure and more capable Common Address Redundancy Protocol (https://jacobfilipp.com/DrDobbs/articles/SA/v14/i05/a6.htm).
We tend to invest heavily in whatever we can get working first, but it's rarely close to an ideal way of doing something. By pushing every developer to find a newer, better way of doing something, patents prevent stagnation and lead to more advanced technologies.
cogman10•3d ago
dlcarrier•2d ago
cogman10•2d ago
autoexec•9m ago
This seems like a success story in spite of software patents, not because of them. Just because they were forced to develop a new protocol in order to avoid getting sued for using Cisco's doesn't mean that they wouldn't still have improved on what Cisco had if they'd been allowed to use and modify it freely. The lack of lawsuits hanging over everyone's head certainly hasn't prevented innovation from happening in FOSS.
fluoridation•2m ago