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

At Microsoft, "Firing People is a "Cheat Code" to Pump the Stock Short-term But They Are Literally Destroying the Company's Soul Long-term."
They frame layoffs as a "success story"
Google News Poisons Its Own Index With More Slopfarms (Including "filmogaz")
Naming and shaming lazy slobs who rip off other people using LLMs can work, eventually
Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
 
Great Reset at IBM, the Company That Pulps Red Hat
In 2026 many workers are RTO'ed, PIP'ed, and at Red Hat many have effectively 'left the company' and now start afresh as "IBM" staff
The "Alicante Mafia" - Part II - Breakout of Discontent This Winter in Europe's Second-Largest Organisation
So far we've caused a lot of panic and stress inside Team Campinos
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
J.H.M. Ray Dassen & Debian, Red Hat, GNOME unexplained deaths
Reprinted with permission from Daniel Pocock
Gemini Links 16/01/2026: "Porting My Main Website Over to Gemini" and Seeed Studio DevBoard
Links for the day
IBM Stacked and Ranked Badly, Maladministration Dooms the Company
Now they stack people up for PIPs and layoffs ("RAs")
Links 16/01/2026: UK Royal Family's "Legal Team Accused of Dishonesty, Fraud and Misconduct", OSI Still Controlled by Microsoft (the OSI's Spokesperson is on Microsoft's Payroll, Not Interim Executive Director, Deborah Bryant)
Links for the day
Writing About Corruption
Fraud is everywhere
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day
Links 15/01/2026: Starlink Weaponised for Regime Change (by Man Who Boasted About Annexing South American Countries for Tesla's Mining), Corruption in Switzerland Uncovered by JuristGate
Links for the day
Linuxiac May Have Reverted Back to LLM Slop (Updated Same Day)
Is he back off the wagon?
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same