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Nowadays it is very difficult for someone to create something with an impact without getting a phone call from a very pleasant lawyer who is suing them for patent infringement. By allowing people to patent things that are completely absurd in computer programming it is now practically impossible to know when we are infringing dozens of patents. And on top of that, these patents are for basic things, without which writing any program is incredibly difficult.
Therefore, what happens is the few large companies with enough economic pull direct the portfolio of patents, giving them complete control over what is available for consumers. As nothing has been done, this has let them hoard money at the expense of others. Things have reached such ridiculous extremes that there are companies that are dedicated to submitting patents and then negotiating with other companies (for example the Intellectual Ventures company).
In not so distant times, software companies survived by having people with good ideas and the ability to implement them. These were times when creativity paid the bills. Nowadays, it pains those who work and train in computer science to see that the large companies survive due to things that have very little to do with their creativity in developing software. These mega-companies spend more money on lawyers than on programmers. Why? Because it is easier to buy small companies, inherit their software, submit patents and then sit back and watch the money roll in every time someone creates software that infringes on their growing portfolio of patents. They have now made this an art. It may be legal but it is fraud for the consumer who watches these small-scale companies being prevented from benefitting from their creativity simply because they cannot pay the price. Who loses? Everyone, except the big sharks who have fun transforming spaces previously full of creativity and imagination into a mine field of patents.
Writing something worthwhile without treading on one of these often strategically placed traps is impossible for a small-scale developer. Without a team of lawyers studying these patents and negotiating with the owners, they are unable to make progress. It is a real shame. It is incredible how things have been allowed to reach a point when authors do have rights that ensure they are paid if they so wish. Evidently somebody did not understand what it means to develop/write/create software. Or maybe they understood too well, which is even worse! Imagine what the world of literature would be like if suddenly someone started patenting certain types of expressions. Or painting, if someone patented a colour or type of brushstroke. Ridiculous, right? But the patent situation in the software industry is not far from this.
I cannot neglect to end this sad tale with a funny episode that happened a long time ago to illustrate this ridiculous situation. Company X sued company Y because they produced a tablet with a certain format that was very similar to their tablet that had its format patented. The lawyers of company Y counter argued with an extract from Kubrik’s 2001 film, Space Odyssey, (released prior to the patent being registered) where they showed a range of devices that are clearly identical to company X and Y’s products. If the time and money lost over these games was not tragic, this would actually be quite funny.
02nd March 2012
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