Abstract
The debate about software patents (SWP) in the EU has been accompanied by massive lobbying by both proponents and opponents. Particularly Free/Open Source software (FOSS) advocates have expressed concerns that SWP will affect FOSS developers negatively. Yet, policy makers have no systematic data that would enable them to decide on this question, which in the past has led to divergence in software patent policies of the US and the EU. This study presents a first attempt to tackle this question empirically by focusing on the effects on developer motivation as one of the key driving forces behind the performance of the FOSS system. Arguments and hypotheses for both sides were formulated and tested against a new data-set from a large, dedicated developer survey. Initial findings are: (1) actual SWP incidents are rare events and the presence of SWP in general has no significant effect on FOSS developer motivation; (2) empirical results do not lend significant support to neither SWP proponents’ nor SWP opponents’ hypotheses; (3) measuring the presence of SWP in a meaningful way proved to be very difficult; accordingly, three different measures are discussed. The conclusion offers some advice for policy makers and suggestions for further research.
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