Earlier quoted context omitted.
Abolish it entirely. I'm not really kidding. I think that evidence that patents are beneficial in any field is lacking. Alternatively, a few major reforms would help. For example: 1. Decrease patent terms to just a few years in most fields. 2. Make it clear that math, in any form, is not patentable. Codec patents, for example, should never have been valid. 3. Eliminate submarine patents. Specifically, require patent…
I agree with some of this, and I think most software patents are garbage and should not be legally permitted. But I'm stuck on codecs. Codecs are real, as real as a bag of apples. And they're complicated, extremely specific (and necessarily formally specified), and the result of a lot of work, sometimes brilliant work. If there's any software that has a chance of convincing me of patent worthiness, it's probably code…
People start poking around to figure out how it works, because hackers are curious folks like that, some code gets leaked at some point, and someone starts doing codecs as open source, for fun and fame. Said companies use that os and improve on it, crating the next generation.
Now iterate this a few dosen times and what I think companies would figure out its easier to just team up and outsource this kind of stuff. Or maybe we’ll see what happened in the game engine world - with only copyright protecting the code - devs would not be able to use “the exact same code” but could incorporate new techniques at will, limited only by their brilliance.
And then there will be paid and OS ones, but the paid ones will have reasonable terms because of strong competition from other paid or OS codecs. In any case I think it would be an improvement to the current situation.