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A new commerce model for the software market?

Submitted by tambo
tambo writes "I've been thinking a lot recently about how software is sold. I've felt that the pricing of software has been pretty crazy for a few decades, but I haven't been able to specify the basis of my feelings.

Today, the crux of the problem finally occurred to me: Standard models of capitalism are unsuitable in the absence of scarcity.

As we all learn in Economics 101, standard models of commerce are based on the laws of supply and demand — based on the idea of achieving an optimal price point for a particular article. Both of these curves are critically based on scarcity — the concept that the transaction is about a particular, physical article. The supply side is critically driven by the cost of creating that particular article — the labor and materials needed to manufacture it, the shipping of that product to a store or customer, and associated costs (the costs of building the factory, maintaining a retail store, etc.) And the demand side is critically driven by the idea that only (n) number of articles are available, and that the price should be set to the highest value that (n) customers are willing to pay. In a nutshell, the point is to maximize the utility of the scarce number of goods by providing them to the consumers who want them the most.

None of these concepts apply to a market without scarcity... like software.

Software is increasingly deployed electronically. Consumer-level storage capacities continue to grow at an astounding rate (1 terabyte drives for $100?!), and bandwidth and server costs continue to drop. As a result, the per-item cost of deploying a piece of software to a customer is essentially zero. (Sure, deployment servers and bandwidth cost money, but it's trivial on a per-software-deployment basis — especially with economies of scale for consolidated libraries like Steam and the App Store.) Additionally, the traditional model is deeply economically classist: only rich people can afford the best software, and even though computers are increasingly affordable, poorer users can't actually afford the software. (Are the copyright lawsuits inherently economically classist? Do they disproportionately target poorer computer users, who may resort to piracy to obtain software that they can't afford? Should we regard this as a socioeconomic inequity?)

Viewed from a pure utility perspective, the market should not be organized to ration the deployment of the software, but to deploy the software to everyone who wants it.

This doesn't mean that supply and demand aren't relevant to this market. They are still relevant — they dictate choices about what products may be developed — but they need to be reformulated in the absence of scarcity.

Things that won't work:

* Free-as-in-beer software. Professional development and quality cost money. There has to be some sort of payment mechanism.

* Pay-what-you-want software. These models never work well, because there is no incentive for customers to pay more than the absolute minimum.

* Centrally sponsored and dictated software, where the owner of the distribution system declares what software is to be created next. Again, these models never work, because centrally predicting demand is always inaccurate, if not outright corrupt.

Here's my idea: A software repository with a flat monthly user fee, where developer royalties are apportioned based on popularity.

Here are the details:

* For a flat periodic fee, each customer gets total access to the entire software library. They can install whatever they want — no quotas, no holds barred. Their choices determine demand, and their demand is limited only by their time and interest. Better still, because there is no incremental cost for new software, there is no reason for a user *not* to try any particular product.

* The owner of the distribution platform takes a cut to cover its administrative expenses, but the vast majority of the collected funds go back to developers *in proportion with the popularity of the product*. That is, the subscription revenue collected from customers each month is apportioned to developers based on the use of their products for that month.

Benefits of this system:

* High utility through unlimited deployment. Everyone who wants a piece of software gets it.

* Economic equality. Again, everyone who wants a piece of software gets it — regardless of their socioeconomic status.

* A tight coupling of developer payment to demand — and to *continued* demand. If users keep using the software, the developer keeps getting paid, even though the customers don't need to keep paying *specifically* for the software.

* A more efficient reward system that is not pointlessly limited by inapplicable concepts of scarcity. Instead of losing sales to customers who are priced out of the market, developers benefit from the broadest possible deployment.

* An end to piracy. There is no need to pirate the software when it is free for all subscribing customers. Demand can be better gauged than conventional sales numbers that do not reflect pirated deployments.

* An end to the secondhand software market. Used software markets are inefficient, but are necessary to offset the pointless dependency of the current market on scarcity. (Poorer users who can't afford the retail price can use the software cheaper, but later, and only when retail-purchasing customers are done with the software.) This inefficiency is eliminated in this market — every deployment directly benefits the developer.

* A focus on value. Developers do not need to choose projects based on sales figures. Rather, developers strive to produce software that will achieve the broadest deployment — i.e., the highest popularity, based on the best value presented to customers. Accordingly, this model kills many "features" that benefit the developer at the expense of the user, such as paid-for ad-based sponsorship, sales of private user data, paid-for downloadable content (which is another form of socioeconomic inequity), and unwarranted "leased software" schemes (which often extract ongoing money from a customer without a return of value).

The biggest problem is cheating: a central repository is a potential source of corruption, as we've seen in Apple's draconian control of the availability of products on the App Store. The central repository might also lie about demand in order to skew royalty payments and control the market or sell private user data (a la Facebook). This could be offset by making the central repository an unaffiliated, open organization — maybe a nonprofit. Even better, its administrative costs could be totally sponsored by a government, thereby eliminating the motivation to seek additional funds.

Thoughts?"

Comment: Re:MPEG-LA prevents non-commercial use (Score 3, Insightful) 310

by tambo (#32149742) Attached to: Can We Legislate Past the H.264 Debate?

And submarine patents do exist; there's much FUD by MPEG-LA members being spread about the possibility of Vorbis infringing yet unknown patents.

That's not a "submarine patent," which has a very specific meaning in this field.

What you describe is just MPEG-LA spreading FUD. And the standard response here is: "patent app serial numbers or STFU." Either MPEG-LA can point specifically to the applications which (if they actually mature into patents) it believes are being infringed - or it can't, and its accusations of infringement are meritless. It's that simple.

What we really need is compulsory licensing at some percentage of the per head sale price.

Even looking past the obvious question ("How does this point relate at all to anything in this thread?")... compulsory licensing suggestions have a common problem: who establishes the pricing, and based on what data and guidelines?

Usually, what people mean by these suggestions is: "Let's craft a body that's allowed to grant licenses to patented technologies for $cheap!" The problem with all such suggestions is that if you establish a body that (based on applicants' estimations) consistently underprices the value of those licenses, applicants will simply abandon the patent system - and keep their inventions as proprietary trade secrets. No more industry coalitions, no more industry standards like 802.11 and USB and HDMI... every company will make its own protocols, just like back in the 80's. Is that your notion of an ideal computing industry?

Comment: Re:We have it. It's called the World Wide Web. (Score 1) 363

by tambo (#32148448) Attached to: A Call For an Open, Distributed Alternative To Facebook

Maybe this "World Wide Web" technology will catch on some day.

Ah, but what did Facebook bring us over Geocities and personalized web pages?

  • Standardized profiles - information is put in the same places on everyone's profiles
  • Searchability - a very easy ability to find someone's profile by name, city, etc.
  • Centralized news feeds - this is Facebook's killer app, really: the presentation of a single page featuring status updates by all of your friends, and the ability to handle status responses in a threaded manner
  • Metadata - the ability to tag friends in photos (and have those photos aggregated into albums for each of your friends), to "like" statuses, to tag friends in notes and to republish others' notes, etc.
  • The ability for non-technical users to create an account and an entire page in an extremely easy-to-use and non-technical way

And... well, that's about it, really. Other innovations (Facebook apps, in particular) are neither new nor particularly interesting or useful.

In exchange for these features, Facebook has imposed a whole swath of misuses and abuses, including (but hardly limited to):

  • The privacy violations documented in the parent post
  • Targeted advertising based on private information ("hey, I see you've written an email about a trip to Boston, here's an offer for a rental car while you're there...")
  • Taking control of users' data (the inability to archive your profile, the heavy compulsion to use Facebook's (terrible!) email system, etc.)
  • Extreme control over the arrangement of a user profile, either by the user or by a visitor... e.g., cluttering up the page with Facebook's advertising widgets and non-removable apps

In short - the social network and information delivery advantages that Facebook offers us are beginning to not be worth the costs that Facebook is extracting as the owner of that social network.

Yes, the author is right - we need a free, open, non-centralized alternative to Facebook.

Of course, it can't be a return to the Geocities model. We do need the advantages of Facebook - discoverability, standardization of information, message delivery, and a clean and easily prepared presentation. But requiring everyone to buy web space, learn HTML or a CMS, and design and deploy their own profiles is just not a viable solution.

So what do we need? I propose the following:

  • A standardized personal information representation - probably an XML schema that holds all of a user's personal information in a standardized way. With the right renderer, the presentation of this information can end up looking exactly like Facebook's. But even better, the viewer of the information - i.e., the visitor of the user's profile - has complete control over the layout of this information, and can render it in a more pleasing way if desired. Better still, the standardization promotes automation - e.g., the automated synchronization of each user's contact information with your contact info database. (No more "my cell number changed, please update your records" email messages!)
  • A centralized database with pointers to user profiles (e.g., to the XML files of various users posted at various points on the net.) This really needs to be *one* registry. However, it serves a very specific and narrow purpose: if you want to find the guy named Joe from Ypsilanti who you met at an event last week, it needs to point you to his representation (if it's public.)
  • A security mechanism. Look, this one's much easier than anyone thinks. We've had RSA for over 20 years. Identifying certificates, and techniques for encrypting select pieces of information for access only by specified individuals, are quite well-conceived. We just need automated protocols that incorporate these techniques. If done well, this model vastly surpasses Facebook's security models - you have exquisite privacy control over *every* piece of information: every post, every piece of identifying information - and you can revoke it from anyone at any time.
  • An information delivery mechanism. This one's also a little difficult. Sure, every individual can have an RSS feed containing all of his or her statuses, and we can probably weave posts together in a "post X is a response to status Y" model. But if you have 500 friends, does your computer have to retrieve all 500 news feeds from each of your friends' representations? That's awfully inefficient. We will need a push mechanism: when you post a message, like a photo, etc., the information needs to be pushed into message boxes of all of your friends. It's definitely achievable in a standardized and decentralized manner. Hell, we could just fall back on email, with automated parsing and weaving to generate your news feed based on the received messages.
  • Easy deployment. This is also easy - just sign up for a service that will help you create your representation and then host it for you.

In other words - we can ditch Facebook for a decentralized model. It will be complicated for a while, and compatibility issues will definitely arise - but the end product can easily have all of Facebook's advantages, and many more, with none of its intrusive and abusive practices.

All we need is the motivation. And Facebook is giving it to us with their terrible business choices.

Comment: Re:What's an "industry-recognized standard"? (Score 4, Interesting) 310

by tambo (#32148170) Attached to: Can We Legislate Past the H.264 Debate?

...any patent infringement claims against H.264 must be made known within 6 months of the passage of this law.

I don't think that's what the OP means. Here's what he wrote:

any patents that contribute to an industry-recognized standard were unenforceable in the application of that standard.

I think he means that any patents contributed to an industry standard consortium (like the WiFi Alliance) can't be enforceable. You're suggesting something about patents not contributed to the standards body being enforced against implementations of the technology that are authorized by the standards body. Or something.

Honestly, I'm not entirely sure what either of you mean, or why. And IAAL - in fact, I practice in this area every day.

Is this about making sure that technologies issuing from the standards body are freely available for use by anyone? That's the whole point of the patents owned by the body - to ensure that implementations follow the guidelines of the standards body (particularly about compatibility.) So you're lobbying to allow people to implement standardized technologies in non-compatible ways - i.e., in favor of "embrace, extend, extinguish?" I don't think anyone wants that.

Or maybe you're arguing that if a company has technology and patents verging on the subject matter of an industry standard - e.g., a technology competing with WiFi - but chooses to keep it proprietary, then the company can't assert its patents against implementations issuing from the standards body. That's also a bad idea - should we really force the entire industry onto one standard? Doesn't that deter the advancement of technology through the development of alternative standards that might be better? Bluetooth was first conceived as a potential competitor for WiFi, but it has its own niche and is widely implemented for headsets and such. Under this type of rule change, Bluetooth would have been scrapped as soon as WiFi took hold.

As an aside - the "submarine patents" cited by the author of this post haven't existed for decades, because (1) the patent term calculation was changed to be measured not from the date of issue, but from the date of filing, and (2) most patent applications are published at 18 months.

This is a complex field. It's easy to get confused. But the field suffers from a wide range of folks who don't understand it, and yet still want to "fix" it. Hence, this post, and many like it on Slashdot and elsewhere.

Comment: Re:Why Artificial Intelligence may never exist (Score 1) 483

by tambo (#29959652) Attached to: IT Snake Oil — Six Tech Cure-Alls That Went Bunk
"As soon as something becomes routinely doable by a computer, it is no longer considered a sign of intelligence; it's a mere mechanical activity."

I don't think that's a fair comparison.

"Intelligence" isn't just being able to solve a particular problem, regardless of its difficulty. If you throw the smartest chess algorithm in the world at a map, it won't be able to tell you how to get from point A to point B.

Obviously, "intelligence" involves many of the meta-qualities of problem-solving: inductive logic and generalization, deductive logic, the development and use of heuristics, the recognition of general problems and solutions in different domains - flexibility, spontaneity, personality, predictiveness, humor, semantic language skills, self-awareness, curiosity, intellectual growth, the development of goals...

We might be able to develop an algorithm to tackle one, or even a *few*, of these skills - but only in a narrow domain. Even our best language translators typically understand very little linguistic comprehension, and then only in a specific language or topical domain. Yet, the average five-year-old child demonstrates ALL of these capabilities.

Even at a basic level, these skills are what we would consider "intelligence." When we have a machine that demonstrates even a very rudimentary set of these capabilities, it will be considered intelligent. The rest will just be refinement and scaling up.

- David Stein

Comment: Re:Similar to Donald Knuth's Logic (Score 1) 252

by tambo (#28656177) Attached to: Judge Invalidates Software Patent, Citing Bilski

...also that software by itself, as the pure mathematical abstraction that it is, is not patentable and has never been considered to be so. Software must be coupled with a physical device...

Sorry, that's completely wrong.

You're reading the context, right? - i.e., "constant holdings in the range of varying CAFC decisions?" And not just your wished-for rule?

First, the CAFC has never held that "software by itself, as the pure mathematical algorithm that it is, is not patentable." Maybe Gottschalk v. Benson arguably involved this position (back in 1972!), but none of the decisions since then more recent decisions do.

Even under Bilski (prong #2), I can easily patent "software, as a pure mathematical abstraction"... as long as that software relates to the manipulation of data involving a real-world article. This is patentable even though the article isn't part of the patented invention.

What you're thinking of is the EPO's current rule - that "software as such" is not patentable, but that a solution to a problem is patentable, even if it is implementable as software. But no such principle has even been in force in the U.S.

===

Software must be coupled with a physical device...

No, it doesn't. Have you read In re Bilski? There's this whole second prong that has to do with patentable software - as a "mathematical abstraction," as you put it - that manipulates data related to specific, physical articles.

Next time, before you wade into a discussion of the legal history of patentable software (or any other topic), please consider reading the actual cases, and not just guessing or making stuff up to suit your position.

===

It's no more arbitrary than the difference between the words on your screen "Mt. St. Helens" and an actual volcano in Washington.

First - you do understand that patents cover concepts, right? And not specific, physical articles? A patent on a "machine" does not actually cover a unique machine, but rather an operative concept of a machine - e.g., a minimal set of parts that interoperate to achieve a desired result. So it's not the "actual volcano," as you put it, but an entire class of volcanoes that happens to have a particular feature. Not quite such a bright line, eh?

Second - and even worse for your position - "methods," as a class, are patentable. (This is in 35 USC section 101. You may want to read that now... I promise, it's short.) Yes, the "method" needs some grounding in pragmatism - and not just a mathematical formula or a scientific principle. But a "method" - a "process," as a set of actions - is a wholly non-physical concept, even if the consequences happen to be physical.

===

The Turing Machine was not and could never have been patentable...

Wow. Where to begin?

I might recommend that you Google "Turing machine" at this point. It is not an actual machine, you know. It is a concept - an argument about functional power, about the class of problems that may be solved by a theoretical machine having a minimal set of capabilities.

If you understand this, and re-read my post, you might discern that I was not suggesting patenting the "Turing machine," which is, uh, nonsensical.

I was, and am, arguing that if one devises a logical solution to a problem that can be performed by a device, there are very, very many ways of implementing that exact logical solution. There is actually no technical difference in these technical embodiments - they all perform the exact same method and solve the problem in exactly the same logical way. Thus, attempts to partition these embodiments into unpatentable "abstract" embodiments and patentable "non-abstract" embodiments are logically flawed and, frankly, a waste of time.

===

Math is not patentable. Software is math. There is no debate...

There most certainly is debate. Sorry you don't like that fact, but it is true.

Physics is applied math, right? And chemistry is applied physics, and biology is applied chemistry...? By your logic, everything is inherently mathematical, and therefore nothing should be patentable.

Software is not "applied math." Software is a specified set of operations that control a particular machine that (if patentable) accomplishes a logical, desired solution to a real-world problem.

- David Stein

Comment: Re:Similar to Donald Knuth's Logic (Score 4, Insightful) 252

by tambo (#28649987) Attached to: Judge Invalidates Software Patent, Citing Bilski

"The USPTO replied by defining non-mathematical software to be patentable while purely mathematical software is not."

Huh? This is completely wrong.

The USPTO has been arguing against the patentability of software since, well, software was first invented. And its main rationale is that the USPTO is ill-equipped to examine software patent applications. Of course, that argument is quite laughable these days, since it has been obligated to examine software patents since State Street Bank v. Signature Financial Group (1998)... it raises many more questions about the USPTO's recalcitrance to get with the times and meet its legal obligations... i.e., the sharp incompetence and chronic failure of the USPTO administration in managing the day-to-day operations of the organization.

The only "definitions" that have been applied to the field were created by the Court of Appeals for the Federal Circuit (CAFC), the appellate court that is solely empowered to hear appeals of district-level decisions in patent cases. That body (and its predecessor, the Court of Customs and Patent Appeals (CCPA)) have issued many different tests over the patentability of software. None have been satisfactory.

There is only one constant holding in the range of varying CAFC decisions over the years: software cannot be categorically rejected as a class of patentable subject matter. This would be a flat contradiction of 35 USC, the body of federal law that empowers the USPTO to issue patents.

But getting to the deeper problem: Software inventions cannot be categorically excluded from patentability because the technological spectrum of "method"-type inventions has a very smooth gradient. Consider:

  • An abstract solution to an abstract problem;
  • An applied solution to a specific problem;
  • A particular algorithm;
  • Specific code, runnable on a range of hardware;
  • Code embedded in memory of various volatilities (volatile RAM, flashable memory, static ROMs);
  • Configurable hardware (FPGAs) configured to implement a particular method; and
  • Circuits designed by automated processes to implement a solution specified (as software) with a circuit design tool.

Everyone seems to agree that a particular circuit is, and should be, patentable. And everyone seems to agree that a completely abstract solution to a completely abstract problem is not, and should not be, patentable. Fair enough.

The logical problem arises when someone (particularly opponents of software patents - Knuth, Stallman, etc.) try to draw a bright line in this list and say, "Everything above this list should be categorically excluded." The problem is that all of these embodiments accomplish the exact same thing in essentially the same way. Sure, there may be various ancillary advantages: cost of implementation, reconfigurability, speed, etc. But technically, they are completely fungible - they are technically equivalent. It is nonsensical and against the logic of technology to try to draw lines in the sand.

Shame on anyone who attempts to invent arbitrary distinctions in this field. In attempting to warp the business of software to suit your ends, you ignore the conclusions of Turing that form the basis of your area of technology.

- David Stein

I request a weekend in Havana with Phil Silvers!

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