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

Links 28/09/2023: Preparing Red Hat Enterprise Linux 8.9 and 9.3 Beta
Links for the day
We Need to Liberate the Client Side and Userspace Too
Lots of work remains to be done
Recent IRC Logs (Since Site Upgrade)
better late than never
Techrights Videos Will be Back Soon
We want do publish video without any of the underlying complexity and this means changing some code
Microsoft is Faking Its Financial Performance, Buying Companies Helps Perpetuate the Big Lies (or Pass the Debt Around)
Our guess is that Microsoft will keep pretending to be huge, even as the market share of Windows (and other things) continues to decrease
Techrights Will Tell the Story (Until Next Year!) of How Since 2022 It Has Been Under a Coordinated Attack by a Horde of Vandals and Nutcases
People like these belong in handcuffs and behind bars (sometimes they are) and our readers still deserve to know the full story. It's a cautionary tale for other groups and sites
Why It Became Essential to Split GNU/Linux Stories from the Rest
These sites aren't babies anymore. In terms of age, they're already adults.
Losses and Gains in an Age of Oligarchy - A Techrights Perspective
If you don't even try to fix something, there's not even a chance it'll get fixed
Google (and the Likes Of It) Will Cause Catastrophic Information Loss Rather Than Organise the World's Information
Informational and cultural losses due to technological plunder
Links 28/09/2023: GNOME 45 Release Party, 'Smart' Homes Orphaned
Links for the day
Security Leftovers
Xen, breaches, and more
GNOME Console Won’t Support Color Palettes or Profiles; Will Support Esperanto
Reprinted with permission from Ryan Farmer
Let's Hope GNU Makes it to 100
Can GNU still be in active use in 2083? Maybe.
GNU is 40, Linux is Just 32
Today it's exactly 40 years since Richard Stallman sent a message regarding GNU
GNU/Linux and Free Software News Mostly in Tux Machines Now
We've split the coverage
Links 27/09/2023: GNOME Raves and Firefox 118
Links for the day
Links 27/09/2023: 3G Phase-Out, Monopolies, and Exit of Rupert Murdoch
Links for the day
IBM Took a Man’s Voice, Pitting Him Against His Own Work, While Companies Profit from Low-Effort Garbage Generated by Bots and “Self-Service”
Reprinted with permission from Ryan Farmer
Links 26/09/2023: KDE, Programming, and More
Links for the day
Mozilla Promotes the Closed Web and Proprietary Webapps That Are Security and Privacy Hazards
This is just another reminder that the people who run Mozilla don't know the history of Firefox, don't understand the Web, and are beholden to "GAFAM", not to Firefox users
Debian More Like an Exploitative Sweatshop Than a Family
Wiltshire is riding a high horse in the UK, talking down to Indians who are "low-level" volunteers in his kingdom of authoritarians, guarded by an army of British lawyers who bully bloggers
Small Computers in Large Numbers: A Pipeline of Open Hardware
They guard and prioritise their "premiums", causing severe price hikes due to supply/demand disparities.
Microsoft Deserves a Medal for Being Worst at Security (the Media Deserves a Medal for Cover-up)
There are still corruptible/bribed publishers that quote Microsoft staff like they're security gurus
Real Life Should be Offline, Not Online, and It Requires Free Software
Resistance means having the guts to say "no!", even in the face of great societal burden and peer pressure
10 Reasons to Permanently Export or Liberate Your Site From WordPress, Drupal, and Other Bloatware
There are certainly more more advantages, but 10 should suffice for now
About 200,000 Objects in Techrights Web Site
This hopefully helps demonstrate just how colossal the migration actually is
Good Teachers Would Tell Kids to Quit Social Control Media Rather Than Participate in It (Teaching Means Education, Not Misinformation)
Insist that classrooms offer education to children rather than offer children to corporations
Twitter: From Walled Gardens to Paywalls and/or Amplifiers of Fascism
There's moreover a push to promote politicians who are as scummy as Twitter's owner
The World Wide Web is Being Confiscated From Us (Like Syndication Was Withdrawn About a Decade Ago) and We Need to Fight Back
We're worse off when fewer people promote RSS feeds and instead outsource to social control media (censorship, surveillance, manipulation)
Next Up: Restoring IRC Log Pipelines, Bulletins/Full Text RSS, Wiki (Archived, Static), and Pipelines for Daily Links
There are still many tasks left ahead of us, but we've progressed a lot
An Era of Rotting Technology, Migration Crises, and Cliffhanging
We've covered examples from IBM, resembling the Microsoft world