IT Security & Stability

Software patents would allow large companies to monopolize certain segments of the software market. They would no longer have to compete with open source and SMEs on security, stability and performance.

It's mistaken to prioritize abstract software concepts over their actual implementation. Great software requires a superior design and a high-quality implementation. The greatest conceptual idea is worthless unless it is executed thoroughly. None of us would want to live in a house that has a revolutionary architecture if the front door doesn't lock safely, water comes in through the roof, and power fails all the time.

Software patents generally don't stand for great ideas anyway, but let's assume for a moment that they did. Even then it would be undesirable to monopolize those ideas because it means that the first to patent an idea can exclude the competition. The patent holder can execute the idea in a flawed way and still be the only one that offers any implementation of that idea at all. That exclusive implementation may be slow, unstable and insecure, and still there would not be a direct alternative for up to 20 years unless the patent holder were to allow it.

There is some controversy as to whether open-source software is inherently more secure and more stable than other software. However, it's simply a fact that security and stability considerations are key reasons why open source is chosen for certain applications. That puts enormous competitive pressure on Microsoft and other vendors. If we ever want those monthly announcements of the latest security holes in Windows, Internet Explorer and Outlook to stop, then we have to ensure a competitive marketplace.

Software patents make it risky to publicize source code. Whether a source code is made available under a free software license like the GPL or under any other license, it certainly contributes to IT security if the source code of a software can be inspected. That gives everyone with the necessary knowledge and a sufficiently strong interest the chance to search for any security issues. However, patent profiteers and malicious competitors find it much easier to identify and prove patent "infringements" on that basis. If a patent is related to something very visible, like a progress bar or a virtual shopping trolley, then a "violation" may be easily identifiable from the outside. With patents that relate to internal functions (such as memory management), it is either much harder to prove a patent infringement without the source code, or it may even be practically impossible.

Click here to read why software patents are a threat to the freedom of information