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Paul Elsam, Paul Elsam, 26 Jan 2006
Go to news, boycott, MEPs letter, rss
I'm against the patenting of pure software. A software patent gives a person or company control over the implementation of an idea. During my recent degree course in Internet Computing, it was clear that every single technique we learned, from the three standard ways to sort data to the use of HTML (the language that web pages are written in) had been created by someone, and if they had been patented, we would be unable to use them without permission, and possibly paying a fee.
What's more, with hundreds of thousands of patents granted in the US, where software patenting has become legal, it's impossible to know whether you've transgressed someone's patent or not. I'd have to employ a patent lawyer, and they charge even more than I do.
Software development, that includes the development of web pages, would become much more expensive. That extra money you would have to pay would go towards expanding the legal profession. Small business people would find websites too expensive to develop. I like developing websites for small business people, artists and so on.
It's difficult to know who wants the law. I can't decide whether it's the legal profession who would be looking forward to an increased demand for their services, or big software companies (Microsoft comes to mind), who are looking for a stick to beat Open Source software with. Clearly it's probably both. Open Source software is the art and soul of the industry. People write Open Source software for free in order to help their fellows. To stop that would be criminal.
In truth, what's required is an intelligently designed and applied law. It may be justified that people who have genuinely groundbreaking ideas should reap the rewards of twenty years of protection. The problem is, so far, the laws are neither intelligently designed nor applied, and a great many trivial patents are sought and granted. There doesn't seem to be a way to get people who are skilled both in patent law and in software engineering, and where they do exist, they are going to be expensive people to employ.
As it stands, I'm prepared to fight software patents with everything I have (which, granted, isn't a huge lot). On this page, I'll collect what I feel are particularly noteworthy articles that speak to my level of understanding. You may find it to be a nicely selected list of interesting stories that maintain your interest in the issue. There's an RSS feed if you're interested in being notified when I add an article (point an RSS reader to http://www.johnallsopp.co.uk/softwarePatents.rss).
You can help by reading the articles and doing what some of they ask. So far, for instance, I've written to my MEPs, I've donated money to the FFII, and I joined the Professional Contractors Group because they clearly share my view.
You can search for patents, free of charge, here.
It's become apparent to me that the big software companies want software patents and are lobbying hard. The people-led companies, open source, and so on, don't. It's turning into a battle between people and corporations for ownership of ideas. It's wild sci-fi nonsense, but it's happening now.
Since many companies seem to have no conscience, the only way to influence them is through their profit. I think we should boycott those companies who are lobbying hard for software patents, and support those who are working against software patents.
Essentially, companies who want software patents would take from us what isn't theirs. I see no reason to pay money to those who want to take from us by force. To help, here's a list from the news items I've gathered.
| Boycott these |
Support these |
| Alcatel |
1 & 1 Internet |
| EADS |
Benchmark Capital |
| Eicta |
CAS Software |
| Ericsson |
CSB System |
| Intel |
GMX |
| Microsoft |
Materna |
| Motorola |
MySQL |
| Nokia |
Opera |
| Phillips |
|
| SAP |
|
| Siemens |
|
| Sony |
|
- 10-Jan-2006: A bit more argument preparation
- 08-Jan-2006: Here we go again. I've written to them asking to be kept informed and to be allowed to contribute where possible.
- 14-Nov-2005: James Ryley wrote to tell me about his website on which you can search the patents database free of charge.
- 02-Nov-2005: Just to keep our heads up, here's something from the US.
- 07-Oct-2005: That didn't take long did it - three months before something pops up publicly. Like I said, they won't stop.
- 07-Oct-2005: Where are we, and what's next. This IHT article says "the European Union may move forward on EU-wide patent coverage". First I've heard of it.
- 29-Sep-2005: There are some benefits to being on this side
- 28-Sep-2005: A light hearted look at software patents and a challenge
- 28-Sep-2005: Forthcoming changes to the GPL may address software patents.
- 24-Sep-2005: Critics of software patents nominated for "European of the Year".
- 12-Sep-2005: Free software fights back.
- 27-Aug-2005: An example of a trivial European patent with views from both sides.
- 16-Aug-2005: The inevitability argument
- 12-Aug-2005: At LinuxWorld San Francisco, the software patent is a pariah
- 12-Aug-2005: Red Hat to fund open software patents and talks of the energy going into countering "patent terrorism"
- 11-Aug-2005: My own overview of where we are now
- 10-Aug-2005: OSDL will gather and store open patent pledges
- 2-Aug-2005: It's a very one-sided piece this, but just in case you thought software patents stood somehow alone, just one look at what's happening in the food industry tells you it's part of a much bigger trend.
- 2-Aug-2005: Stallman expects more battles to come
- 2-Aug-2005: Fascinating insight into EU lobbying with specifics about the recent software patents vote.
- 1-Aug-2005: Microsoft and software patents.
- 26-Jul-2005: Is Sun a goodie or a baddie, Stallman summarises.
- 23-Jul-2005: Software patents will still be granted.
- 22-Jul-2005: this article says everything I wanted to say.
- 19-Jul-2005: An interesting example of patent hell.
- 18-Jul-2005: I've been away (so sorry for the delay in reporting these), but the Software Patents vote got a fair bit of coverage: Corante, LXer, EU Observer, stuff.co.nz, BBC, Electric News Net (Ireland), PublicTechnology.net, Black Enterprise (US), Linux Insider, ZD Net, New Scientist.
- 18-Jul-2005: Back on the 7th July I received a response from the Conservative's Edward McMillan-Scott about the vote.
- 6-Jul-2005: Yesterday I sent a final letter to MEPs outlining my concerns. Two replied (UKIP and Labour), and then today I got an email from Richard Corbett. MEPs voted against. Fantastic.
- 5-Jul-2005: Hmm, did I misunderstand something? This shows Sun on our side. I'll take them off my stop list until I get clarity.
- 5-Jul-2005: Hmm, did I misunderstand something? This shows Sun on our side. I'll take them off my stop list until I get clarity.
- 2-Jul-2005: A few more to add to the stop list.
- 2-Jul-2005: Things are hotting up. The vote is tomorrow. If they pass it, we'll have lost the battle.
- 1-Jul-2005: Some actual evidence at last. I've yet to read it, but at first glance it seems to say that software patent laws can lead to less innovation, not more.
- 28-Jun-2005: Alliance calls for help
- 28-Jun-2005: Five European IT companies join the antis
- 23-Jun-2005: Problems with our Lib Dem MEP Diana Wallis voting against party policy. This is the only party not to respond to my recent letter.
- 22-Jun-2005: A relaxed rebuttal of some pro-software-patent arguments.
- 21-Jun-2005: The FFII has published a working paper that reveals how the spin on the patent law, that it won't allow software patents, is at odds with the content, which will. This is dangerous and dishonest. It plays on the ignorance of the politicians to push through a position they think they're voting against. Use it, and push things home with your MEP.
- 20-Jun-2005: Richard Stallman explains the effect of software patents as if they were applied to literature.
- 20-Jun-2005: Now things are looking dangerous. As the software patents directive progresses through its stages, the European Parliament's legal affairs committee has thrown out most of the amendments suggested (I think) in May by Rocard. This leaves a bill that does explicitly exclude patents on pure software, but may still be woolly enough to let some through. A fudge, in other words, when the whole point was to clarify the situation. Or a set of words that will allow the politicians who may not grasp its import to feel happy that software will not be patentable, so they'll vote for it, yet in effect it will allow it. A clue is that pro-software patents industry group Eicta (members include Intel, Microsoft, Motorola, Nokia, Philips, SAP, Siemens, Sony and Sun) is chuffed. Very dangerous.
- 15-Jun-2005: Computer-aided, not computer-implemented. New amendment by Rocard makes it clear.
- 14-Jun-2005: This opinion piece provides a useful comparison between software patents and patents on artistic works such as novels. I imagine this might make our problem clear, and be persuasive, with someone who isn't technical.
- 14-Jun-2005: I've had replies to the letter (below) from UKIP, Labour, and The Conservatives so far.
- 11-Jun-2005: I've just written a new letter to the MEPs. This one I'm really proud of, it's signed by ten Scarborough Linux User Group members, it's well researched and well argued. Feel free to use it as the basis for your own campaign.
- 04-Jun-2005: The Professional Contractors Group comes out against Software Patents.
- 03-Jun-2005: A new definition of a patentable invention that excludes pure software and might suit lawyers and software developers alike has been developed by Groklaw after the UK Patent Office workshop, and is available for comment.
- 03-Jun-2005: A conference on European software patents was held yesterday. Includes an easy-to-read summary of the issues for those against.
- 01-Jun-2005: Results from the Patent Office workshops show we haven't found the right words yet, but it's possible.
- 01-Jun-2005: The EU decision on Software Patents is likely to happen before the results of a study into the effects of software patents on innovation are published.
- 21-May-2005: A US based software patents primer.
- 19-May-2005: Perhaps 95% of software patents wouldn't stand up to proper scrutiny. Reuters article covers suit against Microsoft Excel.
- 19-May-2005: Uber uber mega ultra wet yourself God Richard Stallman is to give a talk in Calgary on the dangers of software patents. Here are some preparatory discussions.
- 18-May-2005: European Parliament enlists IP experts to ensure pure software is not patentable.
- 18-May-2005: Michel Rocard proposes amendments to the software patents directive to allow software to be patentable only when it controls a physical process.
- 7-May-2005: America is re-assessing its software patent laws.
- 5-May-2005: An interesting and partly reassuring article on software patents relating to Open Source.
- 5-May-2005: A paper about the effects of software patents concludes that it doesn't affect the pace of innovation very much, and if it does, it's in favour of companies who are small, but big enough to afford patent lawyers.
- 5-May-2005: UKIP is against the EU software patent directive because it's from the EU, says Lib Dem spokesman
- 30-Apr-2005: Two specific US software patents provide an example
- 28-Apr-2005: MySQL CEO speaks clearly against software patents
- 27-Apr-2005: Commercial companies are prepared to threaten, says FSFs Moglen
- 26-Apr-2005: The US considers amending its software patent laws
- 25-Apr-2005: Might India have rejected software patents? If so, why is it not being more widely reported?
- 25-Apr-2005: A bit of insight into what's coming up in the EU
- 25-Apr-2005: EU draftsperson publishes a report we like
- 20-Apr-2005: Red Hat VP says software patents stifle innovation
- 20-Apr-2005: A really fascinating article which counters the claim that it's only the big companies that sue each other (on the contrary, they have agreements between themselves, it's us they're after), gives a briefing about how to get the against-software-patents argument across to politicians, and explains why industry big hitters don't speak out against more.
- 20-Apr-2005: MySQL founders say patents should be canned altogether
- 19-Apr-2005: An example of a software patent in use
- 19-Apr-2005: A neat summary of why we don't like software patents from Malaysia's The Star
- 15-Apr-2005: German Electronics Association to support patent protection
- 15-Apr-2005: Comment, ZDNet UK
- 15-Apr-2005: I've transcribed the talk from the local Scarborough Linux User Group about Software Patents and annoted it with lots of useful links
- 11-Apr-2005: It isn't working in the US, as IBM calls for patent reform
- 08-Apr-2005: UK PTO workshop divides lawyers and engineers over patents
- 07-Apr-2005: Stanford law professor in Information Week urges open-source developers to actively oppose the use of patents
- 04-Apr-2005: The local Yorkshire and The Humber Liberal Democrat's MEP's response to my software patents letter.
- 31-Mar-2005: John Dvorak in PC Magazine thinks Microsoft might be destroyed by software patents
- 24-Mar-2005: The local Yorkshire and The Humber UKIP's MEP's response to my software patents letter.
- 24-Mar-2005: The local Yorkshire and The Humber Labour and Conservative parties' MEP's response to my software patents letter.
- NoSoftwarePatents.org
- Foundation for a Free Information Infrastructure briefing
- 19-Mar-2005: Wired: Euro software patents pending
- 13-Mar-2005: John Naughton in The Observer