I used to think they were entirely useless, but since then I've learned of many instances where a much better technology is developed because the first iteration is patented.
For example, the Wright brothers biggest contribution to aviation was suing everyone using wing warping (https://en.wikipedia.org/wiki/Wright_brothers_patent_war) which greatly advanced the adoption of the much more advanced ailerons.
Software patents have a similar effect, for example Cisco's patent on Virtual Router Redundancy Protocol led to the development of the more secure and more capable Common Address Redundancy Protocol (https://jacobfilipp.com/DrDobbs/articles/SA/v14/i05/a6.htm).
We tend to invest heavily in whatever we can get working first, but it's rarely close to an ideal way of doing something. By pushing every developer to find a newer, better way of doing something, patents prevent stagnation and lead to more advanced technologies.
This sort of benefit in software can be realized with much shorter terms. A 5 or 10 year term would accomplish pretty much all the same benefits. 25 years is just way too long for software.
Are patents a necessary evil?
I used to think they were entirely useless, but since then I've learned of many instances where a much better technology is developed because the first iteration is patented.
For example, the Wright brothers biggest contribution to aviation was suing everyone using wing warping (https://en.wikipedia.org/wiki/Wright_brothers_patent_war) which greatly advanced the adoption of the much more advanced ailerons.
Software patents have a similar effect, for example Cisco's patent on Virtual Router Redundancy Protocol led to the development of the more secure and more capable Common Address Redundancy Protocol (https://jacobfilipp.com/DrDobbs/articles/SA/v14/i05/a6.htm).
We tend to invest heavily in whatever we can get working first, but it's rarely close to an ideal way of doing something. By pushing every developer to find a newer, better way of doing something, patents prevent stagnation and lead to more advanced technologies.
This sort of benefit in software can be realized with much shorter terms. A 5 or 10 year term would accomplish pretty much all the same benefits. 25 years is just way too long for software.
The benefit comes from no one ever using the earlier inferior versions.
Correct. 5 years is long enough to kill off inferior standards and let superior ones blossom.
Software patents, no. They're just evil.
Discussion on the news in July: https://news.ycombinator.com/item?id=48969635