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It's obvious that there are enormous swathes of innovation in the IT world that either happened or would have happened without patents. Amazon would probably not have thought twice about developing one-click checkout if it hadn't been patentable and it seems perfectly plausible that RIM got the idea for the BlackBerry independently of that troll that sued them.

But there are also some pretty deep stuff that seems less obvious, my favourite example is MP3. I'm no expert in the field, but it does not seem at all obvious to me to compress music like that, and it seems to be the result of a real invention process.

It's clearly in everybody's interest that they publish their codec as widely as possible, rather than make a broke-by-design binary-only distribution. Why should they not be allowed the same protection as, say, Volkswagen inventing a new fuel pump?



Yes, the "invent a cool codec / protocol, live on the royalties" business model would be difficult without patents.

However, there are a lot of very smart people who invent formats and don't patent them. For instance the JPEG format is clever in a very similar way to the MP3 format. In this instance the format was created by companies with an interest in a great format for their devices - cameras for example.

MP3 (well, a lossy music codec of some kind) could have been created by a similar group trying to make music players interoperable. It might have even been created by open-source advocates. Think Ogg-Vorbis, for instance.

I don't think that we'd live in a world with less cool formats if patents were abolished (yay!). If a format is required to solve a problem, it will be created. Open protocols without patents should be encouraged.




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