September 13, 2004
Software Patents Considered Harmful

This blog entry combines various sources to come to the titled conclusion. It all starts in New York City some months ago at a talk I went to at the Yale Club by the Dean of the Engineering College at Dartmouth. He presented a very interesting vision of our world in 50 years. In general it was an aggressive vision (we will be melded with machines a la The Matrix), but the main point I remember is his belief that we are on an exponential curve of innovation. This innovation is driven by technologies such as computing and nanobiology. Which brings me to a recent Wired article that mentions that others too share a vision of accelerating change. Given my technical background, I tend to agree - our lives will become increasingly improved via technology, so much so that our grandchildren will probably consider us as unfortunate as we do those who had to use a outhouse.

Unfortunately, this rate of accelerating innovation isn't guaranteed to continue. There are many roadblocks, but the most significant are software patents. The software patent system is already troubling for various reasons, very ably explained by the father of GNU/Linux, Richard Stallman. He does not go far enough though. Software patents may become so onerous that software developers will cease to be productive, as they will be unable to clear the regulatory hurdles that patenting software creates. Progress (aka the rate of accelerating innovation) may stall. In the end, the powers that be will hopefully realize that software patents hinder more than help, but until then technological innovation is in peril.

(For all the programmers out there, I would be remiss to not attribute inspiration for the title of this article to the great Dijkstra.)

Posted by Susheel Daswani at September 13, 2004 10:53 PM | TrackBack
Comments

How is a patent on software substantively different from other patents? Why is it bad to try to protect a way to efficiently configure DNS, while it is good to protect a way to use fluorine during a deposition on a silicon wafer?

I don't have any dogs in this race -- I've written some software patents in the past, but I'm currently working for a company that doesn't have any software products.

I just don't understand why software patents should be singled out. The problems of software patents are the problems of the entire patent process.

Everyone uses the same strategy -- come up with something new, and then patent the hell out it (as your budget permits). If you come up with a new clothes hanger, then protect the method of hanging pants, hanging shirts, hanging jackets, putting the clothes hanger in a closet, putting the clothes hanger in your car, etc., etc. Eventually the patent office will stop you, but until that day . . .

If you think only the software industry has figured out how to get those "new thing in old situation" types of patents, you haven’t been paying much attention.

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