A 25-year-old video patent just expired, ending a legal headache for Linux

I used to think they were entirely useless, but since then I've learned of many instances where a much better technology is developed because the first iteration is patented.

For example, the Wright brothers biggest contribution to aviation was suing everyone using wing warping (https://en.wikipedia.org/wiki/Wright_brothers_patent_war) which greatly advanced the adoption of the much more advanced ailerons.

Software patents have a similar effect, for example Cisco's patent on Virtual Router Redundancy Protocol led to the development of the more secure and more capable Common Address Redundancy Protocol (https://jacobfilipp.com/DrDobbs/articles/SA/v14/i05/a6.htm).

We tend to invest heavily in whatever we can get working first, but it's rarely close to an ideal way of doing something. By pushing every developer to find a newer, better way of doing something, patents prevent stagnation and lead to more advanced technologies.

Re: A 25-year-old video patent just expired, ending a legal headache for Linux

#5

Post by cogman10 » Sat, Aug 15, 2026, 9:35 PM UTC

dlcarrier wrote: post #4

unfitted2545 wrote: post #2

Are patents a necessary evil?

I used to think they were entirely useless, but since then I've learned of many instances where a much better technology is developed because the first iteration is patented. For example, the Wright brothers biggest contribution to aviation was suing everyone using wing warping ( https://en.wikipedia.org/wiki/Wright_brothers_patent_war ) which greatly advanced the adoption of the much more advanced ailerons. Software…

This sort of benefit in software can be realized with much shorter terms. A 5 or 10 year term would accomplish pretty much all the same benefits. 25 years is just way too long for software.

Re: A 25-year-old video patent just expired, ending a legal headache for Linux

#6

Post by dlcarrier » Sun, Aug 16, 2026, 12:55 AM UTC

cogman10 wrote: post #5

dlcarrier wrote: post #4

Earlier quoted context omitted.

I used to think they were entirely useless, but since then I've learned of many instances where a much better technology is developed because the first iteration is patented. For example, the Wright brothers biggest contribution to aviation was suing everyone using wing warping ( https://en.wikipedia.org/wiki/Wright_brothers_patent_war ) which greatly advanced the adoption of the much more advanced ailerons. Software…

This sort of benefit in software can be realized with much shorter terms. A 5 or 10 year term would accomplish pretty much all the same benefits. 25 years is just way too long for software.

The benefit comes from no one ever using the earlier inferior versions.

Re: A 25-year-old video patent just expired, ending a legal headache for Linux

#7

Post by cogman10 » Sun, Aug 16, 2026, 1:04 AM UTC

dlcarrier wrote: post #6

cogman10 wrote: post #5

Earlier quoted context omitted.

This sort of benefit in software can be realized with much shorter terms. A 5 or 10 year term would accomplish pretty much all the same benefits. 25 years is just way too long for software.

The benefit comes from no one ever using the earlier inferior versions.

Correct. 5 years is long enough to kill off inferior standards and let superior ones blossom.

Re: A 25-year-old video patent just expired, ending a legal headache for Linux

#8

Post by ChrisArchitect » Sun, Aug 16, 2026, 2:20 AM UTC

Discussion on the news in July: https://news.ycombinator.com/item?id=48969635

Re: A 25-year-old video patent just expired, ending a legal headache for Linux

#9

Post by autoexec » Tue, Aug 18, 2026, 10:48 PM UTC

dlcarrier wrote: post #4

unfitted2545 wrote: post #2

Are patents a necessary evil?

I used to think they were entirely useless, but since then I've learned of many instances where a much better technology is developed because the first iteration is patented. For example, the Wright brothers biggest contribution to aviation was suing everyone using wing warping ( https://en.wikipedia.org/wiki/Wright_brothers_patent_war ) which greatly advanced the adoption of the much more advanced ailerons. Software…

> Cisco's patent on Virtual Router Redundancy Protocol led to the development of the more secure and more capable Common Address Redundancy Protocol

This seems like a success story in spite of software patents, not because of them. Just because they were forced to develop a new protocol in order to avoid getting sued for using Cisco's doesn't mean that they wouldn't still have improved on what Cisco had if they'd been allowed to use and modify it freely. The lack of lawsuits hanging over everyone's head certainly hasn't prevented innovation from happening in FOSS.

Re: A 25-year-old video patent just expired, ending a legal headache for Linux

#10

Post by fluoridation » Tue, Aug 18, 2026, 10:54 PM UTC

dlcarrier wrote: post #4

unfitted2545 wrote: post #2

Are patents a necessary evil?

I used to think they were entirely useless, but since then I've learned of many instances where a much better technology is developed because the first iteration is patented. For example, the Wright brothers biggest contribution to aviation was suing everyone using wing warping ( https://en.wikipedia.org/wiki/Wright_brothers_patent_war ) which greatly advanced the adoption of the much more advanced ailerons. Software…

Having people create new technology to avoid arbitrary legal hurdles instead of adopting existing and perfectly functional technology doesn't seem particularly efficient.