Innovation in Software Development

- It's Not All About Patents

Why Does Innovation Occur?

Because you need to sell more software?

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Why Does Innovation Occur?

Because you need to sell more software?

Because a problem needs to be solved or an itch

scratched:
WWW
SendmaiI
Apache
Bind
Linux
Innovation From Collaboration
TheHomebrewComputerClub
Innovation From Collaboration

A new opportunity opens from an invention, or the expiration of a

patent.

Then there may be a quiet period in which some interested parties

are aware of the uncertain potential of the newly adaptable
invention.

Collective invention institutions form, creating a social network.

A flow of adaptations (microinventions) follows, from hobbyists and

firms.

New firms appear, seizing opportunities to apply the new

technology for profit.

With the establishment of a profitable industry, technological

uncertainty is reduced and the collective invention process
evaporates. Surviving firms run private research and development.
If that is expensive, few firms survive.
Peter Meyer, 2003
Episodes of Collective Invention
Red Hat Contributions
Directory Server Project
GIobaI FiIe System
What About Patents and Innovation?
Patents Are Not Necessary to a
Dominant Position
Microsoft Innovation
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Years
Revenue
R&D Spending
Patent Applications Filed
A B C
A FTC Commences
Initial Antitrust
Investigation
B Initial Case Settled
C Justice Dept.
Commences New
Antitrust Investigation
How Positions Have Changed
Patents A Means to Tax
Software Patents Other Concerns

Pharmaceutical Industry vs. Software

Industry

Telecom Industry vs. Software Industry

What Needs to be Done

Assure Interoperability

Software code alone is not patentable

Assure higher standards of non-obviousness

Publication of all patent applications at 18 months

Remember the Constitutional bargain: A Limited

Monopoly vs. Disclosure

Microsoft Respecting Open Source