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Plenty of things are totally open, yet innovation is still directed by the inventor.

Still not at all relevant to this case. Algorithms have no such gate keeping because there is no barrier to entry. Algo developers aren’t fighting for some tiny pot of NSF money allocated to particle physics to build a 100 million dollar algorithm detector.

This is only partially true. A great example is Arithmetic coding in compression where research pretty much stalled for almost 40 years (from the mid 1970s until the 2010s) due to patent concerns.

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