|
: The objective of the patent system is to encourage innovation. Therefore, the question is whether patents are essential to promote innovation in the software industry? The fact is that most of the far-reaching innovations in the software industry happened well before software patents became common. Word processors, spreadsheets, databases, compilers, email, the world wide web, the fundamentals of modern operating systems, the graphical user interface were all developed before software became a patentable commodity in some countries.
Another example of innovation is the Linux operating system, which runs on almost everything, from the Mars Rover, to giant supercomputers to the tiniest embedded computers. This innovation has been powered by the open source model, based on collaboration, community and the shared ownership of knowledge. Thousands of volunteers and private enterprises like Red Hat, IBM and others have contributed source code to Linux under the general public license (GPL) that gives users the freedom to modify the source code and share the resulting improvements with others.
It is estimated that the Linux kernel now has around 10 million lines of source code (the instructions that make a software program work). The commercial value of the source code in an average Linux distribution is estimated at around $8 billion. This represents an enormous wealth of knowledge that is freely available to everyone. The success of open source is clear proof that patents are not necessary for innovation in the software industry and that profit motives are not the only spur for innovation.
Having established that, let us now look at the negative impact of software patents. To do that, we need to take a slight detour into the copyright law. Any person or organisation writing software automatically enjoys protection under the copyright law. If anybody steals source code, they are liable for prosecution under the copyright laws.
However, if anybody wrote source code that ends up being similar to another person’s, they can defend themselves by proving that they wrote the code independently. If software patents are allowed, this ‘independent invention’ argument cannot be used as a legal defense. This is because the first person who obtains the patent then has exclusive rights over the idea. While copyright protects the expression of an idea, a patent is a state granted monopoly on the idea itself. We feel that copyrights are sufficient to protect software, while patents are a treacherous landmine that will increase litigation and...
More from eXpert Bytes
| Single Page Format | 1 - 2 - Next |
Discuss this story on expressindia forums
|
|
 |
 |
 |
About Us | Contact Us | Advertisers | Site Map | Make us your homepage | Work for Us | RSS | Subscribe | Electronic Edition | Privacy Policy© 2009: The Indian Express Limited. All rights reserved throughout the world
