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CompSoftPatentorCopyright 9 - 07 Oct 2011 - Main.AlexeySokolin
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Eben mentioned how computer software has been traditionally protected by copyright, instead of patents. That has me thinking, maybe patent protection is better than copyright (if we cannot achieve free computer software). | | | More about how the above infographic helps demonstrate why patent protection is stifling rather than encouraging innovation: Consider the possibility that Insert Evil Company Here (IECH) has some tech out in the consumer sector that's massively profitable. They've got the production or whatnot down so well it's 99% profit. Consequence #1: Their R&D may be churning out wonderful new ideas that consumers would adore having in their homes, but they aren't as profitable, so they patent the idea and put it in a closet in case someone else tries to bring it to the market and undermine IECH's enormous market share. Realizing the potential of this strategy (allowing IECH to ride the gravy train of tech #1 for eons), Consequence #2: IECH begins using its massive profits to buy up patents, even at outrageous prices, from tech companies the world over to make sure its closet full of patents is even more well-stocked. The atmosphere is now ripe for innovators to get their pants sued off for anything that might compete with tech #1, all while IECH has no incentive to roll out anything innovative themselves until it displaces tech #1 in terms of profitability.
-- JohnJeffcott - 06 Oct 2011 | |
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Re: "I'll even take anecdotes -- even just one -- of people who have started software businesses or invented software because they knew they'd have a patent or copyright. "
Companies are started all the time without sufficient capital to actually operate or bring a product to market. The innovator has an idea, does an initial tech demo, and then must raise money from institutional investors (venture capitalists, etc). One of the criteria to make a company investable to these players (i.e., make as much money as possible for the people doing the investing), is defensibility against competitors--the platforming that Eben strongly attacked in a previous lecture. Without various barriers of entry, the company will not be investable, and will not receive venture capital. The idea will not be commercialized. The innovator did not make moral decisions about freedom, rather she faced the set of choices available.
I know this because the software company I am starting has pursued a provisional patent solely for the purpose of securing funding. I know that in our business, the patent itself is unlikely to make any meaningful difference.
-- AlexeySokolin - 07 Oct 2011 | | |
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