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

Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
Stefano Maffulli's (and Microsoft's) Openwashing Slant Initiative (OSI) Report Was Finalised a Few Months Ago, Revealing Only 3% of the Money Comes From Members/People
Microsoft's role remains prominent (for OSI to help the attack on the GPL and constantly engage in promotion of proprietary GitHub)
 
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work
Microsoft's Windows Down to 8% in Afghanistan According to statCounter Data
in Vietnam Windows is at 8%, in Iraq 4.9%, Syria 3.7%, and Yemen 2.2%
[Meme] Only Criminals Would Want to Use Printers?
The EPO's war on paper
EPO: We and Microsoft Will Spy on Everything (No Physical Copies)
The letter is dated last Thursday
Links 22/04/2024: Windows Getting Worse, Oligarch-Owned Media Attacking Assange Again
Links for the day
Links 21/04/2024: LINUX Unplugged and 'Screen Time' as the New Tobacco
Links for the day
Gemini Links 22/04/2024: Health Issues and Online Documentation
Links for the day
What Fake News or Botspew From Microsoft Looks Like... (Also: Techrights to Invest 500 Billion in Datacentres by 2050!)
Sededin Dedovic (if that's a real name) does Microsoft stenography
[Meme] Master Engineer, But Only They Can Say It
One can conclude that "inclusive language" is a community-hostile trolling campaign
[Meme] It Takes Three to Grant a Monopoly, Or... Injunction Against Staff Representatives
Quality control
[Video] EPO's "Heart of Staff Rep" Has a Heartless New Rant
The wordplay is just for fun
An Unfortunate Miscalculation Of Capital
Reprinted with permission from Andy Farnell
[Video] Online Brigade Demands That the Person Who Started GNU/Linux is Denied Public Speaking (and Why FSF Cannot Mention His Speeches)
So basically the attack on RMS did not stop; even when he's ill with cancer the cancel culture will try to cancel him, preventing him from talking (or be heard) about what he started in 1983
Online Brigade Demands That the Person Who Made Nix Leaves Nix for Not Censoring People 'Enough'
Trying to 'nix' the founder over alleged "safety" of so-called 'minorities'
[Video] Inauthentic Sites and Our Upcoming Publications
In the future, at least in the short term, we'll continue to highlight Debian issues
List of Debian Suicides & Accidents
Reprinted with permission from disguised.work
Jens Schmalzing & Debian: rooftop fall, inaccurately described as accident
Reprinted with permission from disguised.work
[Teaser] EPO Leaks About EPO Leaks
Yo dawg!
On Wednesday IBM Announces 'Results' (Partial; Bad Parts Offloaded Later) and Red Hat Has Layoffs Anniversary
There's still expectation that Red Hat will make more staff cuts
IBM: We Are No Longer Pro-Nazi (Not Anymore)
Historically, IBM has had a nazi problem
Bad faith: attacking a volunteer at a time of grief, disrespect for the sanctity of human life
Reprinted with permission from Daniel Pocock
Bad faith: how many Debian Developers really committed suicide?
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 21, 2024
IRC logs for Sunday, April 21, 2024
A History of Frivolous Filings and Heavy Drug Use
So the militant was psychotic due to copious amounts of marijuana
Bad faith: suicide, stigma and tarnishing
Reprinted with permission from Daniel Pocock
UDRP Legitimate interests: EU whistleblower directive, workplace health & safety concerns
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Earth Day Coming, Day of Rest, Excess Deaths Hidden by Manipulation
Links for the day
Bad faith: no communication before opening WIPO UDRP case
Reprinted with permission from Daniel Pocock
Bad faith: real origins of harassment and evidence
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Censorship Abundant, More Decisions to Quit Social Control Media
Links for the day
Bad faith: Debian Community domain used for harassment after WIPO seizure
Reprinted with permission from Daniel Pocock
If Red Hat/IBM Was a Restaurant...
Two hours ago in thelayoff.com
Why We Republish Articles From Debian Disguised.Work (Formerly Debian.Community)
articles at disguised.work aren't easy to find
Google: We Run and Fund Diversity Programs, Please Ignore How Our Own Staff Behaves
censorship is done by the recipients of the grants
Paul Tagliamonte & Debian Outreachy OPW dating
Reprinted with permission from disguised.work
Disguised.Work unmasked, Debian-private fresh leaks
Reprinted with permission from disguised.work
[Meme] Fake European Patents Helped Fund the War on Ukraine
The European Patent Office (EPO) does not serve the interests of Europe
European Patent Office (EPO) Has Serious Safety Issues, This New Report Highlights Some of Them
9-page document that was released to staff a couple of days ago
IRC Proceedings: Saturday, April 20, 2024
IRC logs for Saturday, April 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Microsoft-Run FUD Machine Wants Nobody to Pay Attention to Microsoft Getting Cracked All the Time
Fear, Uncertainty, Doubt (FUD) is the business model of "modern" media
Torvalds Fed Up With "AI" Passing Fad, Calls It "Autocorrect on Steroids."
and Microsoft pretends that it is speaking for Linux
Gemini Links 21/04/2024: Minecraft Ruined
Links for the day