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You seem to suggest that algorithms won't get published if their authors can't patent them and commercialize them. Given that the vast majority of algorithms don't get patented, and that the vast majority of patents never get licensed except in bulk cross-licensing deals, this seems almost entirely untrue.

Aside from that, I'd point out that in the rare case when an algorithm does get published as a patent and licensed, that makes it entirely unusable in Free and Open Source Software as well as in open standards, for a period of ~20 years. At least when the algorithm remains unpublished, someone can re-discover it (or something more useful that would build on it); patents force willful ignorance of an entire class of algorithms, as well as anything in the general vicinity of those algorithms.




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