Earlier quoted context omitted.
Tradition has held that these are ideas, not inventions, and thus obtain value precisely because they can and should be freely shared (which is the ultimate aim of patents anyway). Ideas may also require intellectual labour. But one may not receive the protection of the government for them to give temporary advantage over competitors. Ideas are a collaborative venture, protocols being the very epitome of this - since…
I’m interested in what “traditions” you’re talking about here? Honestly, it is not even clear to me what you’re talking about when you say “these” in your sentence. Certainly tradition hasn’t held that Rust memory management is an idea and therefore not patentable. Same with new models in ML? Maybe there is some tradition for protocols, but even those are generally patentable but required to be licensed via FRAND. Yo…
One example I saw just today :
Thomas Savery getting a patent on "make, imitate, use or exercise any vessells or engines for raiseing [sic] water or occasioning motion to any sort of mill works by the impellent force of fire,", which I assume subordinated Thomas Newcomen during the patent's duration = all of his life to Savery, despite Newcomen's engine being much more advanced & commercially successful... (at least he didn't end up destitute, like some of the previous steam engine inventors !)