

Why Open Source Stalls Innovation and Patents Advance It - kljensen
http://www.ipwatchdog.com/2010/07/05/open-source-stalls-innovation/id=11506/

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yrb
Does not seem to provide any credible research that either position have an
effect on innovation.

Basically seems to be trying to argue that because open source advocates that
software developers don't read patents that we are incapable of understanding
what is out there and where innovation needs to be done. (Since it is
recommended that we don't since then we can be done for willful infringement)

He doesn't seem to believe in independent invention and sides with who gets
their first should get be granted monopoly. Therefore he doesn't think
copyright is a valid protection since he wants a enforced monopoly.

Doesn't seem to really understand the software landscape at large. Seems to be
advocating an utopia enterprise vision where each component is created just
once and everyone just uses that one. No reinvention, small refinements, or
customisations needed.

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mooism2
He also seems to think that independently inventing something is the same as
copying it.

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dman
I think his notion about the open source community is dated by a few years and
seems to be based on FSF = open source. A lot of open source projects are
written now by companies that are anything but anarchistic. Open source simply
becomes an end to consolidate subject matter experts across companies on a
single project rather than each company inventing their own. eg cassandra ,
tornado , rails.

Software innovation happens at a few different levels -> the math like
algorithmic level, innovations in implementations, and business innovations.
Allowing patents on algorithmic innovations would strongly chill the pace of
innovation.

Lastly as a person doing a startup - the upfront cost in terms of time and
money for doing patent research would be pretty damaging. Would be interesting
to hear from other startups on what they feel about this.

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tung
The author has a mental model of innovation which I don't think is accurate.

The patent system helps people look for "open spaces": new ideas, and work in
them. He goes on to say that this eventually fills the space of ideas, pushing
to a "paradigm shifting innovation" that "causes the hunt for open space to
reset".

The problem with this idea of innovation is that it portrays it as a 2D space
where no idea can stand on top of any other. His idea of innovation only
includes new ideas that forever extend outwards at the same level. There is a
third dimension this model does not capture: innovation that builds on top of
other ideas. This third-dimension innovation is what is damaged by the current
patent system, and why so many software developers feel so strongly against
patents.

To the author's 2D innovation mental model, open source appears to be
retreading the same ground over and over. To software developers, innovation
can be seen in the third dimension.

