Bonum Certa Men Certa

Old Talk by Dr. Richard Stallman About How Patents Work

Video download link


13M

Summary: Richard Stallman explains how patents work

Transcript:

[00:00]

RMS: These patents last for 20 years, starting from when someone applied for the patent. You see, the patent office issues patents in response to an application. Someone pays an expensive application fee and even more money to the lawyers who draw up the patent so that it will give him a lot of power, and if the lawyers have done this right the patent office sometime

[00:30]

later issues the patent, and the patent is an absolute monopoly on using a certain technical idea.

So the myth that people have is the idea that what is being patented is an entire product. They think that if someone designs a product he will go and quote patent the product unquote. That's already a mistake.

[01:00]

And they will imagine that if his product was new that nobody else could possibly have patented it before, so he's the only one who can patent it. And he alone will have a patent on this product. This is completely a myth, because patents don't cover an entire product. Each patent is a monopoly on using a certain method, a technical method, and that method is probably

[01:30]

just a tiny part in a real product today in a field like software. So today, the situation we really face is that in the one software product there are thousands of different ideas and each of them might be patented by somebody else. So this myth of one patent per product gives people completely the wrong idea

[02:00]

of the system they are trying to think about. And this myth is used very effectively by the lobbyists in favor of software patents.

Another myth that they appeal to is the myth that software patents quote protect unquote the quote small inventor unquote. The lobbyists in favor of software patents are working for

[02:30]

megacorporations. So, when they say that this is good for small companies one must suspect that they are trying to pull the wool over our legislators' eyes. In fact, the situation is that software patents are mainly good for the megacorporations. You see the megacorporations that are active in the software field get thousands of patents each

[03:00]

and they cross-license with each other, which means that they form a kind of exclusive club and they avoid the bulk of the problems of the system. Meanwhile, with all their patents they can attack anyone else when they want to and as a result, software patents give the megacorporations a certain amount of dominion over all software activities.

[03:30]

Now, another myth that these megacorporation lobbyists frequently cite is the idea that it's just too hard to deal with anything if the laws are different between different countries. That's like saying, well, if in your country I don't need a bodyguard that's too complex.

[04:00]

Please make me need a bodyguard in your country the same way I need it in that country and in that country. That way I can take the same bodyguard everywhere. There's no sense in this idea. They can perfectly well deal with being free to write and distribute and use whatever programs they like. It wouldn't cause them any trouble at all.

And another myth that they like to cite

[04:30]

is the idea that if the US has software patents, that proves it must be the right thing to do.

[audience laughs]

You'll be amazed at how much mileage they get out of something so utterly absurd. Or they say, the US has software patents, if our country doesn't offer software patents to our companies

[05:00]

then US companies will have an advantage. It's actually just the opposite. Any country that doesn't allow software patents is giving all the software developers and users in that country an advantage, which is that they don't have to be worried about being sued because of how they wrote the programs they wrote or how someone else wrote the programs they use. They're safe.

[05:30]

They have protection from patents. You see, every country has its own patent system. They're all separate. So each country's patent office issues patents that restrict what people are allowed to do in that country only. So US patents only restrict US companies and individuals and things that are done in the US.

[06:00]

And Canadian patents restrict things that are done in Canada, only. But everyone in the world can get a US patent. They don't have to be Americans to get US patents. Canadians can get US patents. So Canadian companies can get US software patents and then attack us poor American software developers at home. We're not safe anywhere.

[06:30]

[audience laughs]

But if Canada rejects software patents but then Canadians at least will be safe at home. No one in the world whether Canadian or American or anything else will be able to get Canadian software patents and sue poor Canadians at home. So in fact, the country that doesn't allow software patents is giving its own citizens an advantage.

[07:00]

They could attack Americans but Americans couldn't fight back.

[audience laughs loudly]

Now, most of the time when people describe the workings of the patent system they are people who have a vested interest in the system. Either they're patent lawyers or they're part of the patent bureaucracy or they

[07:30]

work in the patent department of a megacorporation. So they have a vested interest in making patents sound like a good system. And they do this in a particular way. The magazine "The Economist" once compared the patent system to a time-consuming lottery, because the effects of any given patent vary tremendously. I'm sure you know what the advertisements

[08:00]

for a lottery look like. They dwell luxuriously on the unlikely possibility that you win. And they never mention the overwhelmingly likely possibility that you lose. And in this way they contrive to give a misleading picture without factually lying. The publicity for the patent system uses the same

[08:30]

principle. The proponents of the system dwell lovingly on what it's like to apply for a patent and get one, and they ask you to imagine that you're walking down the street with a patent in your pocket and you can pull it out and point it at people and say, "give me your money".

[audience chuckles]

So I'm going to try to counterbalance their bias by describing

[09:00]

what the patent system looks like from the other end of the patent barrel, what it feels like to be walking down the street knowing that at any time somebody could pull out a patent and point it at you and say give me all [your money].

Recent Techrights' Posts

Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
 
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role