[Patents] patent pools enforcing per-copy-licensing modeof software development

[phm@a2e.de phm@a2e.de]

> >Now I CHALLENGE YOU to exhibit economic studies that concludes to
> >the economic and technological usefulness of software patents in the
> >long term.
> 
> Whoopee.  I CHALLENGE YOU to exhibit economic studies that concludes to
> the economic and technological usefulness of patents in the long term
> for any area of technology - software, hardware, mechanical, chemical,
> electrical.

It is really not Bernard's business to show that the patent system is
useful for any area.  We are concerned with the area of abstract-logical
or software innovation only.

Yet the kind of study that you require does exist.  A few weeks ago I came
across a study that tried to prove that pharmaceutic patents have
increased rather than decreased investments in pharmaceutics in India.
India is perhaps the most patent-sceptical country in the world, and this
study picked out the area of pharmaceutics to show that patents can
lead to a more productive pattern of industrial activity.  It argued that
in the case of drugs, development time and cost is high while reverse
engineering time and cost is low.  

Even the pro-swpat paper by the Siemens patent department chief which I
reported about here recently starts its pro patent argument with an
example from the pharmaceutical industry.  It claims that patents are
beneficial to that area, while concerning the software area it doesn't
even make that claim.  It only states that "the US ended the patent peace
that was characteristic of this area" and that Siemens needs to have a
copy of the US system at home so it can prepare for the arms race more
easily.

This pattern of argumentation is quite common-place.  And on the other
hand we have a pile of economic studies that show adverse effects of
software patents.  So there really is a challenge for you to answer.

-phm