For me, the key fallacy here is the mistaken belief that 'software is the consequence of substantial risk-taking and investment on the part of firms'. Software doesn't have to be that way. Free software is the consequence of many people working together voluntarily, as part of a community movement, with no interaction at all with large firms. Anyone with a computer can pick up a keyboard and write some software - possibly contribute to a larger free software project.

The GNU/Linux operating system and most of the packages that comprise it are manifest counter-examples that disprove their point, that software patents are essential for software development (e.g. Firefox, X11, GNOME, LibreOffice ...).

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