Here is the problematic part.
While most software is still only
protected by copyright, a type of protection that discourages reuse, patents can
give the first developer of an interaction standard or of a
software component,
which executes tasks in a novel and patent-worthy way, exclusive rights.
The
owner of the patent can not only keep other developers from re-inventing the
same technology, but will
generally sell licenses where he forces the licensee
to reuse his tested, high quality code rather than to
write cheap
re-implementations.
How do we make sure the first developer has
tested high quality code?
What if the patent holder forces the reuse of low
quality buggy code?
Where are the incentives to fix the bugs if the patent
owner can force the use of his code?
Why would the first developer be better
at developing bug-free software when he is granted a patent?
A patent is not
solving the quality problem. In fact code reuse doesn't solve a quality problem.
Reuse of quality code spread quality. Reuse of poor code spread bugs. A good
example is Windows. This is perhaps the most reused software in history. An
enormous quantity of software depends on it. Also there is a well known company
actively enforcing this reuse. Did it help quality? Many people including the
very author of this absurd proposal doubt it.
In an environment like
smartphones where the same piece of code may be subject to thousands of patents
from thousands of patent holders the proposition of this article is technically
impossible to implement.
The best way to encourage reuse is to release the
code under a FOSS license and have maintained by an active community. The code
is reused because is is already developed and there is no barriers to its
adoption, no permissions need be asked and no royalty need to be paid. And if
the code is not good people are free to use something else. Poorly written FOSS
code fall into oblivion. [ Reply to This | Parent | # ]
|
