M.A.D. and software

This is an interesting post from a blog by a man named Jeff Atwood, which I read on regular basis. The comparison of software patents to the Cold War arms race I find particularly interesting coming from a Windows developer who is literally immersed in the Microsoft universe. Considering that Microsoft is one of the biggest offenders in the patent race, this is rather significant.

It's long been a common claim that software is unpatentable because, essentially, it is just a series of mathematical algorithms, which, by law, are already unpatentable. Despite this, many companies, from IBM, to Microsoft, to Oracle, to Sun Microsystems, all engage in the patent war so that they can avoid having to pay for patents. While it would seem that this would work out, it doesn't, because many small vendors and developers can't afford to compete in the patent war, and so become the slaves of much larger corporations. Many have to take up partnerships to avoid getting sued and to have access to many necessary patents. This is of course anti-competitive and damaging to the free market as more and more power is consolidated into the hands of a few mega-corporations.

An even bigger loser that Jeff fails to mention is Free and Open Source software. Projects like Linux, Apache, MySQL, XOrg, and Open Office simply have no budget or legal framework for dealing with patents or competing in the patent race. In fact, innovations entered into open source projects, are generally, by definition, unpatented. So when Microsoft levies the 235 patents against Linux as mentioned beforehand, how are the Linux distros supposed to fight back? They have no patents against Microsoft, and no central head to or body with which to fight. Of course, this could prove to be in Open Source's favor, should Microsoft's patents pass an inspection (unlikely), who would they sue? Redhat? Novell? Anyone or all of the millions of individuals who contributed to it over the years? With supporters like IBM, HP, Dell, Google, and Sony (just to name a few,) could Microsoft really win?

While Free and Open Source software is resisted on many fronts in the industry, particularly by Microsoft, it seems to have been embraced by the community as a whole, at least on some level, and is here to stay. not even Microsoft can wipe it out. The reason is that Free and Open Source software is here to stay is that it is just that, free. While Microsoft may one day decide that IBM can no longer use or buy Windows, nobody can ever stop IBM from using Linux, or BSD. Not only that, but Linux will alway be free of charge. Deep in their hearts and pocketbooks, the executives at IBM realize that this is for their good and so they support Linux. Google too, and Dell, and HP, and everyone else. Freedom is infectious and good for everyone.

I think there is a lesson here. Perhaps Free and Open Source software could inspire companies to end the patent wars? Could the government finally recognize the futility of software patents? Could we finally recognize the futility of patents? Could we finally do away with copyright? The last one may be a bit too optimistic at this time, but the time will come, when everyone realizes that open and collaborative development creates better quality at a lower cost and encourages creativity rather than inhibit it. Someday, people will wake up, and we'll no longer have to use creativity as a weapon and will be able to exit the arms race that is the Cold War of the market.