Earlier quoted context omitted.
Amen. As Thomas Jefferson (correctly) described patents, they're a part of positive law, not natural law. In other words, their only justification is pragmatic, not moral. You can't "own" an idea the way that you can own a couch or a car. We allow for (temporary) patent protection because it's supposed to encourage innovation and help our economy. If it doesn't - and it's clearly reached the point where it hinders ra…
Are we saying you can no longer commercially develop a video codec? If it's so good for the industry, the patent holders could just choose to make it free. Everyone else could choose to :gasp: pay. I actually agree with your point. I just want to make it clear what that means. When it comes to patents, to me a compression algorithm is the closest thing in software to a mechanic device. At that level could patent equi…
I remember very clearly when Ogg Theora was being developed the difficulty they had in choosing a technique that would work and was not already patented. It's not like they were looking up algorithms in a big book and saying "I wonder if that one is patented". They were coming up with techniques independently and then having to search to see if it was patented.
At what point is something obvious to a person skilled in the art? What should be patentable? Should you be able to get a patent across a whole field of techniques because you managed to implement one example of that technique?
The overall approach might be obvious to someone skilled in the art, but the devil is in the details. If someone can patent the overall approach because they have implemented an example of that approach, then it shuts down everybody else. If you have a company that goes around buying up (or making strategic partnerships with companies that own) patents that cover all conceivable approaches, then they can completely lock down any new developments for a couple of decades.
This is the reality of codec development right now. Is this what we want? Is it good for the industry and society in general?
Imagine as a programmer being told, "No matter what idea you have, it is already patented. You are not allowed to program without paying someone a fee. If they decide not to sell to you, then you can't program at all". That's the world of a codec developer. It's something that I personally do not want.