[Asterisk-Dev] Re: writing a GPL G.729? [OT]

[Dorn Hetzel]

On Tue, Dec 07, 2004 at 09:14:38AM -0500, Schaefer, Mark wrote:
> Without patents, here's what would happen: 
> 1) You spend a year designing a brand new algorithm that represents a quantum leap in switch efficiency and throughput.  
> 2) You build that algorithm into a new line of switches that perform ten times better than the competition.
> 3) Your competitor reverse-engineers your algorithm and puts it into their switches.
> 4) No company invests in switch R&D because its a cost center and there is no financial reward.
> 5) Despite what Richard Stallman says, you would not see Universities step up to do all R&D.  Do we really think that Universities innovate without thought of financial gain?  MIT has one of the biggest Patent offices of any University.
> 
> The only people I see complaining about software patents are the people who don't create anything new.
>

Well, speaking as someone who has made his living writing software
for maybe 18 of the last 26 years, and who has one patent himself
(now a bit dated, though I think still in-force), I think the
situation has got a bit out of hand with regard to patents and
copyrights.

I certainly don't favor abolishing such, or the theft of anyones
work, but I think the pendulum has swung a good bit too far
to the side of favoring the "inventor" or "author".  (I quote
because frequently the legal inventor or author isn't very
related at all to the actual source of innovation :) )

Perhaps it would make sense in various technical fields to
simply shorten the maximum life of patents a bit, with
perhaps some bonuses in patent-life as a reward for broad
non-discriminatory licensing terms.

I'm not saying I expect this to get fixed, since there are
a lot of folks who benefit greatly from the present situation,
but I do think there are also a lot of folks who think
something is broke, and does need fixing...

Regards,

-Dorn