Patent absurdity
If patent law had been applied to novels in the 1880s, great books
would not have been written. If the EU applies it to software,
every computer user will be restricted, says Richard Stallman
Monday June 20, 2005
Next month, the European Parliament will vote on the vital question
of whether to allow patents covering software, which would restrict
every computer user and tie software developers up in knots.
Many politicians may be voting blindly - not being programmers,
they don't understand what software patents do. They often think
patents are similar to copyright law (except for some details),
which is not the case.
For example, when I publicly asked Patrick Devedjian, then the
minister for industry, how France would vote on the issue of
software patents, he responded with an impassioned defence of
copyright law, praising Victor Hugo for his role in the adoption of
copyright.
Those who imagine effects like those of copyright law cannot grasp
the real effects of software patents. We can use Hugo as an example
to illustrate the difference between the two.
A novel and a modern complex programme have certain points in
common: each is large and implements many ideas. Suppose patent law
had been applied to novels in the 1800s; suppose states such as
France had permitted the patenting of literary ideas. How would
this have affected Hugo's writing? How would the effects of
literary patents compare with the effects of literary
copyright?
Consider the novel Les Misérables, written by Hugo. Because he
wrote it, the copyright belonged only to him. He did not have to
fear that some stranger could sue him for copyright infringement
and win. That was impossible, because copyright covers only the
details of a work of authorship, and only restricts copying. Hugo
had not copied Les Misérables, so he was not in danger.
Patents work differently. They cover ideas - each patent is a
monopoly on practising some idea, which is described in the patent
itself.
Here's one example of a hypothetical literary patent:
Claim 1: a communication process that represents, in the mind of a
reader, the concept of a character who has been in jail for a long
time and becomes bitter towards society and humankind.
Claim 2: a communication process according to claim 1, wherein said
character subsequently finds moral redemption through the kindness
of another.
Claim 3: a communication process according to claims 1 and 2,
wherein said character changes his name during the story.
If such a patent had existed in 1862 when Les Misérables was
published, the novel would have infringed all three claims - all
these things happened to Jean Valjean in the novel. Hugo could have
been sued, and would have lost. The novel could have been
prohibited - in effect, censored - by the patent
holder.
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