Freedom of Speech in Software 250
akpoff writes " I've been struggling with the question 'what's wrong with software patents' but haven't been able to find the right words. I was over at John Gilmore's website and found a link to John Salin's 'Freedom of Speech in Software' letter to the USPTO back in 1991! This is one of the best explanations I've seen. He reminds us that computer programs are essentially like literature or music -- they are expressions of ideas. Just because they run on a computer doesn't make them uniquely different from other creative mediums. We should think player piano (patentable) vs the music (copyrightable but not patentable) it plays. Europeans -- put this letter into the hands of your MEPs!"
How to bring across your message to MEPs (Score:5, Informative)
This article [theregister.co.uk] suggests that free speech might not be the prime issue from a MEP's point of view.
Re:But if code is like music... (Score:5, Informative)
It's about me or you or anyone having the natural right to be able to stand on the shoulders of giants. Imagine if you didn't have the benefit of standard libraries because all the concepts and processes in them had been patented.
The ariticle [philsalin.com] lays out all sorts of other seemingly reasonable analogies that I'm too tired to type at 4 am.
FYI, I think this post [slashdot.org] does quite a good job of laying out the systemic issues.
That argument won't work! (Score:5, Informative)
Article 5 of the proposal says:
and this is explained on page 15: And on the bottom of page 7, it says The way I interpret this is that "free speech" objections to the proposal are effectively countered. The proposal denies patents on algorithms and on software 'as such'.In other words, your rights to write and publish software are not affected (free speech), but you are not allowed to run any software that allegedly contains patented technology, without paying for a license!
I think the only useful (and powerful) objections to the directive are economic ones. Patents as allowed by this directive stifle innovation rather than promoting it, and can easily be abused for anti-competitive purposes. The directive allows over-broad patents that pose a risk to the software industry (although the "explanatory memorandum" sounds very reasonable, the actual articles of the directive provide hardly any limitation to the scope of software patents or guarantees that they are not too easily granted).
For example, the broader version of the "Amazon one-click patent" that was recently granted by the EPO, would be allowed by this directive.
In the long run, the negative effect on innovation would not even benefit the big software companies (who initially may profit from software patents as anti-competitive tools). It will only be profitable to a small group of patent lawyers (at the EPO) and a number of patent sharks, at the cost of the European citizen.
Read the proposed directive for yourself and shudder:
5 steps to solve the problems with patents (Score:2, Informative)
2.The patent office should do better searches for prior art and if things are found that should have been found by the applicant, the applicant must pay the patent office money (to discorage the filing of "obvious" patents and so on)
3.If you dont enforce your patent, you risk loosing it (i.e. it would be similar to what happens with trademarks now). This would actually be good since it would prevent things like what happened in the Unisys LZW case.
4.Once a patent has been submitted, it cant be changed. Also, the patent must be published publicly as soon as it is submitted. (as a Pending Patent or something) Also, the date a patent expires goes from when the patent was submitted not when it was granted. (this would prevent e.g. patents that are submitted then modified then modified again then delayed and so on in an attempt to make the patent last longer)
and 5.You cant patent a formula or algortihim (genetic, biological, chemical or mathematical).
This would mean that patenting individual genes or whole organisims would be illegal. As would patenting software algortihims like encryption, compression and so on. An example here might be a test for breast cancer that looks for a breast cancer gene. You can claim a patent over your specific way of finding that one gene from all the others (assuming that there is no prior art of course) but you cant patent the gene itself or patent "testing for breast canser by finding this gene".