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Breaks common software distribution models

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Some software development models and business models rely on distributing software without charging directly. When a patent holder can demand royalties, these can completely break those distribution and development models.

A problem specific to software

(see also Why software is different)

Because of hardware's intrinsic per-unit costs, hardware is always produced and distributed with a directly financial goal.

Standard patent licensing terms, such as the requirement to inform the patent holder of how many units were distributed, and to pay the patent holder certain royalties per-unit, are always possible. (Depending on the circumstances, they might cause financial problems, but that's a matter of negotiating the numbers, not a fundamental problem.)

The same terms applied to software, are completely incompatible with any software development or distribution models that allow and encourage recipients to make subsequent copies. This includes, but is not limited to, free software.


Why abolish software patents
Why abolish software patents Why focus only on software · Why software is different · Software patent quality worse than all other fields · Harm caused by all types of patents
Legal arguments Software is math · Software is too abstract · Software does not make a computer a new machine · Harming freedom of expression · Blocking useful freedoms
High costs Costly legal costs · Cost of the patent system to governments · Cost barrier to market entry · Cost of defending yourself against patent litigation
Impact on society Restricting freedom Harm without litigation or direct threats · Free software projects harmed by software patents · More than patent trolls · More than innovation · Slow process creates uncertainty
Preventing progress Software relies on incremental development · Software progress happens without patents · Reducing innovation and research · Software development is low risk · Reducing job security · Harming education · Harming standards and compatibility
Disrupting the economy Used for sabotage · Controlling entire markets · Breaking common software distribution models · Blocking competing software · Harming smaller businesses · Harming all types of businesses · A bubble waiting to burst
Problems of the legal system Problems in law Clogging up the legal system · Disclosure is useless · Software patents are unreadable · Publishing information is made dangerous · Twenty year protection is too long
Problems in litigation Patent trolls · Patent ambush · Invalid patents remain unchallenged · Infringement is unavoidable · Inequality between small and large patent holders