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's Grip Has Slipped, Market Share Steadily Declining
This is why Microsoft is having financial issue
SLAPP Censorship - Part 60 Out of 200: Talking About Corruption at Microsoft and Arrest for Strangulation is "Malice"
At the moment Brett Wilson LLP has no new clients
The Corrupt Lecture the Non-Corrupt - Part VIII - "Red Line" When the European Patent Office (EPO) President Sleeps With Sister of "Cocaine Communication Manager" (Whom He Unconditionally Protects)
If only management took its own words (idealistic pontification) seriously
 
Latest Example of False Marketing by Anthropic
Like Scam Altman, they're better at buying publicity (paying for hype) than they are at delivering something of genuine value [...] That has the full make-up of fake news and a publicity stunt
IBM: From RAs to "Workforce Re-balancing" (New Names for Mass Layoffs)
Well, "workforce re-balancing" means "RAs", which is a misleading acronym IBM has devised to soften if not hide mass layoffs.
Aaron Hillel Swartz Would Have Turned 40 This Year
Aaron Swartz killed himself in 2013
The Trumps Are Making Jimmy Kimmel More Famous and Popular
Comedy has long been "controversial", but trying to get people sacked for the 'wrong' joke results in having no comedians or only pseudo-comedians who are the dictator's jester/joker
Links 28/04/2026: Microsoft's GitHub Upselling After Two Leaders Jumped Ship (Losses Pile Up), "Inflation Jumps," and More
Links for the day
IBM Laying Off Thousands of Workers Again, Based on Q1 Earnings Call
under the guise of "workforce rebalancing" we are again seeing that IBM plans to pay people (severance) to leave
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 27, 2026
IRC logs for Monday, April 27, 2026
Gemini Links 28/04/2026: Good Sunrise Viewing and Self-hosting from Home
Links for the day[1;5C
Microsoft Insiders: If You Don't Take the Lousy Severance-Like Offer, They'll PIP You Out (Microsoft Signals to People Over 40 That They'd Better Vacate the Place)
Microsoft targets its most experienced (read: expensive) workers
"AI" 16 Times in One 'Article'. The Register MS Got Paid to Post This Spammy, Promotional Piece of Slop.
Pay closer attention to who pays and who gets paid
Links 27/04/2026: Chernobyl Disaster at 40, "Heartbreaking" Decline of Australia
Links for the day
Gemini Links 27/04/2026: Gopher Catchup, MNT Reform, and Injuries
Links for the day
Red Hat Circling Down the Slop Drain
IBM, governed by slop fanatics, is going to do a lot of damage
Slop is an Addiction, Its Users Find It Addictive
please do not tolerate people who slop
The Corrupt Lecture the Non-Corrupt - Part VII - Secrecy at the EPO (Regarding Cocaine and Nepotism) Has Undermined Trust in Management
If Europe's second-largest institution is run by the "Alicante Mafia", does this mean that other key European institutions are "Mafia"?
SLAPP Censorship - Part 59 Out of 200: Mentioning the Fact Alex Graveley Arrested and Charged for Strangulation in Texas is "Reckless" and "Malicious", According to His 'Hired Guns' in London
it was framed as "malicious"
Links 27/04/2026: Strikes, Corruption in Spain (Spanish PM Sanchez' Wife), and YouTuber Faces Jail Time
Links for the day
Gemini Links 27/04/2026: Gopher Catch-up, Year of Contentment, and Path to Freedom
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 26, 2026
IRC logs for Sunday, April 26, 2026
Journalistic Malpractice: Helping Microsoft Paint 'Voluntary' Layoffs (Before PIPs) as "Buyouts"
What does this tell us about today's media?
The Man IBMers Regard or Already See as Likely Successor of Krishna (or Next CEO of IBM) is a Slop Fanatic
How dangerously misguided
The Corrupt Lecture the Non-Corrupt - Part VI - Management of the European Patent Office (EPO) Covered Up Cocaine Use, Even Colleagues Not Informed
the self-described "fu--ing president"
SLAPP Censorship - Part 58 Out of 200: 5RB and Brett Wilson LLP Helped Garrett and Graveley Make Equivalent of GAFAM NDAs Superficially 'Enforceable' in the UK, Using Threats
laziness results in many hours and high lawyers' fees
Who Controls Fedora? IBM and GAFAM.
Don't for a moment believe that IBM understands GNU/Linux. We are quite certain nobody in IBM's Board of Directors uses it.
State of Slop About GNU/Linux
As the incentive to publish is reduced (competing with slop is no fun), the effort/money invested in stories goes down
Links 26/04/2026: Korean Inflation, GLP-1 Drugs Linked to Cognitive Impairment, Lithuania's Public Broadcaster LRT Besieged
Links for the day
Hopefully Smooth Sailing in OS Upgrade
There are some contingencies at hand
Links 25/04/2026: "Horrible Economics of AI Are Starting to Come Crashing Down", More Restrictions Placed on Social Control Media
Links for the day
Getting Aggressive Suggestive of Loss - Part IV - Shutting Down My Existence
Would anyone out there tolerate such messages sent from burner accounts?
Gemini Links 26/04/2026: Gemini Movie Database (or GeminiMDB) and Star Trek III
Links for the day
Weeks Before Linux Removed Over 100,000 Lines of Code Due to Slop 'Bug Reports' Microsoft Paid 'Linux' Foundation to Advance Slop in the Name of 'Security'
What can possible go wrong? Both for security and for stability.
Tracking Ages of People
To stay "safe" tell us your age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 25, 2026
IRC logs for Saturday, April 25, 2026