Bonum Certa Men Certa

Copyright and Patent Laws Have Nothing in Common, Developers Should Stick With Copyrights Alone

Code is not a machine

Sewing machine



Summary: Input from one of our Australian readers motivates writing a simple essay on why software patents are unnecessary

Our reader from Australia wrote to say: "Remember my attempt in Feb to get Software Patents abolished? Well, it's at the final stage. I need some supporting material, that is less than 300 words. Is that something you can help me with? If you can write about why software patents should be abolished, that would be great."

There was a similar request in Groklaw some days ago, as Reddit invited people to submit text for reading by a movie celebrity (with the same length limitation) and Pamela Jones suggested writing about software patents.

Essays about why software patents are bad would not be unique. They have been written for years in many sites (the facts have hardly changed for decades) and they use technical, economic and philosophical arguments (or a combination of these). I will do this today in Techrights using the angle of a developer, not a customer -- a person to whom patents in general are of no value. It is written in terms that even politicians (usually lawyers) can grasp.




Software Developers Need No Patents



When a developer writes software, he or she uses a computer (or even a piece of paper) to outline instructions to be run in sequence, a bit like solving an equation. These instructions are reducible to pure mathematics, but computers nowadays offer high-level abstractions, which make development more rapid and render instructions readable by a compiler rather than a computer processor. This technology is many decades old.

A lot of programs these days are built by providing a user-facing layer, a GUI, which reuses off-the-shelf graphical toolkits, as well as a back-end logical unit, typically accessible through callback functions. This is where the clever bits of a program usually exist. There is rarely something very innovative or novel in the GUI, which is less science-based in nature.

Assuming that something unprecedented (i.e. no prior art) can be found in callback functions, it is covered by default by copyright law, enabling the programmer to tackle plagiarism. When the program is compiled, plagiarism is impeded anyway. The code turns into binary data. This means that copying of programs is hard and where it occurs there are already laws in place to tackle that, at no cost to the developer.

Patents are an unnecessary complication at two levels; first, the developer needs to waste time filing a verbal description of the program's instructions (distracting from further development of potentially innovative programs) and then pay someone for the infeasible task of identifying prior art; secondly, and quite inadvertently, by introducing this level of protectionism into the system, we render any programmer "potentially infringing", which further impedes development and contributes to uncertainty. Both aspects reduce innovation and productivity. In an age when writing programs is possible by everyone, this creates no incentive to write more programs; au contraire.

Programmers need copyrights, not patents. That is their consensus. For anyone other than programmers to weigh in on this subject would be rather inappropriate and usually opportunistic.

Recent Techrights' Posts

Microsoft Bankruptcy
"Microsoft unit in Russia to file for bankruptcy, database shows"
Techrights Does Not Compete With LLM Slop, It Exposes the Bastards, Plagiarists and Scammers Who Do That
People like Scam Altman, still facing a lawsuit from his own sister for sexual abuse against her
 
Google Bribes EFF. EFF Promotes LLM Slop as 'Fair Use'. To GAFAM It's a Low-Cost Lobby Hedge.
So the bribes pay off ("slush fund") and the word spreads
Slopwatch: Fake Text and Images, Financial Bubbles, and Scams in "Intelligent" Clothing
Sometimes what they mean by "AI" is just cheap labour somewhere else, as we discussed in IRC a few hours ago
Why Microsoft is Collapsing (Similar to What's Happening at IBM), As Insiders See It
IBM seems like one heck of a mess
Reliable Computing Means Free (Libre) Computing
Sites that want to promote security ought to deal with the biggest issues
Links 31/05/2025: US Court Orders Sides With RFE/RL, War Updates From Ukraine
Links for the day
Gemini Links 31/05/2025: ARM Server and power_supply Subsystem
Links for the day
Links 31/05/2025: Slop Stigmatised as Disinformation, Catalyst/Driver of "Death of Communication"
Links for the day
Common Sense 101: Do Not Write Blog Posts Saying You Want to Murder Colleagues (or Yourself)
Only crazy people would think stabbings are a joke
Links 31/05/2025: Microsoft-Connected Builder.ai is a Fraud and US is Purging Students Based on Race/Nationality
Links for the day
Gemini Links 30/05/2025: Limmat, Doomscrollers, and Arguments Parsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 30, 2025
IRC logs for Friday, May 30, 2025
The "AI" (Slop) Bubble Already Popped, But It's Not an Overnight Collapse
where Microsoft put its money
No More Steven Astorino at IBM, Chatter About Weekly/Nonstop Layoffs at IBM
What happened? Good luck guessing.
Looking at Corruption in Europe, Going Beyond the EPO
Expect a new series to kick off very soon
Slopwatch: Security SPAM and LLM Slop for SEO and FUD Purposes, Perpetually Tarnishing the Perception of Linux and (Open)SSH Security
A lot of this Fear, Uncertainty, Doubt (FUD) comes from Microsoft and its LLMs
Links 30/05/2025: Google's LLM Slop Pushers Are Killing Journalism and Shira Perlmutter Fails to Stop Bribed Regime From Legalising Plagiarism (in "AI" Clothing)
Links for the day
Links 30/05/2025: Offline Arts and "Threshold of Patience"
Links for the day
Signing Off Serious Lies With a Statement of Truth is No Joking Matter
It's not hard to see what's happening here
Links 30/05/2025: LLM Slop Already Ingests and Vomits Its Own Garbage, Facebook Exec Admits Copyrights a Concern Too
Links for the day
Mass Layoffs at Microsoft Result in More Whistleblowers From Microsoft
Microsoft's predatory pricing is further
Slopwatch: Planet Ubuntu Became LLM Slop and Some People Fail to See the Immorality of Plagiarism
it lessens the incentive for people to publish real articles
EPO Poll: 68% Dissatisfied With Quality of Slop (Wrongly Framed as "AI") for Patent Classification
Slop does not work, it's just falsely advertised with extra hype (funded by slop pushers that sponsor the major media)
Big Crowds Gather to Learn About Software Freedom From the Man Who Started GNU/Linux in 1983
"It was a great success"
Microsoft Layoffs Again in Bay Area
Microsoft relies on people's false belief that being "in LinkedIn" will get you a job; well, seems like even working inside LinkedIn really sucks and you lose the job
Gemini Links 30/05/2025: Fighting Against the Bad News, and Slop is Dehumanisation Disguised as "Intelligence"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 29, 2025
IRC logs for Thursday, May 29, 2025
Links 29/05/2025: Chinese Cracking Against EU Institutions (Prague), More Assaults on Media and Its Funding Sources
Links for the day
EPO Workers Caution That the Officials Are Still Illegally Trying to Replace Staff With Slop (to Lower Quality and Validity of European Patents)
Nobody in Europe voted for any of this
Links 29/05/2025: US Health Deficit and Malware Disguised as Slop Generator
Links for the day
Links 29/05/2025: Turtle Roadkill, Modern 'Tech' as a Sting
Links for the day
Thanks for All the Fish, Linux Format
people who once wrote for it (or for other magazines) comment on the importance of this news
People's Understanding of the History of GNU/Linux is Changing
RMS is not a radical, he's just clever enough to see and foresee what's going on
Microsofters Were Scheming to Take Over This Entire Web Site (in Their Own Words!)
Money gets spent censoring/deplatforming people who speak about real issues; no money gets spent actually tackling those underlying issues
Bicycles for the Minds and the Story Harrison Bergeron
"The goal of having people in charge of the tools they use and that the tools should amplify ability" has long been abandoned
Links 29/05/2025: YouTube Problem and Giant Privacy Hole in Microsoft OneDrive
Links for the day
[Video] Cory Doctorow Explains DMCA: DRM in the Browser (or Webapp) Will "Make It a Felony to Protect Your Privacy While You Use It."
Pycon US Keynote Speaker Cory Doctorow
United States Courts With Sworn Testimonies Are on Our Side, We'll Present the Same Here
Chronicling what happened is a moral imperative
Serial Sloppers Ruin and Lessen the Incentive to Cover "Linux"
The Serial Sloppers (SSs) ought to be named and shamed, but almost nobody does this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 28, 2025
IRC logs for Wednesday, May 28, 2025