Ceux qui suivent le dossier depuis longtemps n'apprendront certes rien de neuf mais la lettre a le mérite d'essayer d'exposer aux non initiés les enjeux d'un tel vote.
J'en appelle aux membres de ce forum pour une petite traduction collective en vue d'un article dans la Tribune Libre sachant que l'heure est encore et toujours à l'information et la mobilisation.
Dear Member of the Italian Parliament
Software developers and users in Europe face the danger if the EU
allows software techniques to be patented: danger of being sued
for the ideas included in the software they develope or use.
Unlike a copyright, which covers the details of an entire program but
not the ideas, a software patent is a state-imposed monopoly on use of
a general technique. A complex programs combines thousands of such
techniques. In a country that allows each of these techniques to be
patented, a complex program can infringe hundreds of patents at once.
(Linux, the kernel used with the GNU operating system, infringes 283
different US patents according to a study made last year.)
What are these techniques like? Consider the "progress bar", which
fills up gradually from 0% to 100% to show a program's progress in
doing a certain task. This technique is a small part of thousands of
programs that do many different jobs. It is also patented, according
to the European Patent Office--one of the 50,000 software patents that
it has illegally issued, defying the treaty that created it. If the
European Union Directive gives legal validity to these patents, the
developers and the users of those thousands of programs could all face
threats of lawsuits.
A program is like a novel: a large collection of details that together
implement many ideas. Imagine if each literary idea could be
patented--for instance, "A love scene with the woman on a balcony" or
"a person's blue eyes resemble the sea". Anyone writing a novel would
then infringe dozens or hundreds of patents; writing a novel you won't
get sued for would be harder than writing a good novel. This is not
the way to promote writing--not novels, and not software.
The pressure for software patents comes mainly from the computer
megacorporations. They want software patents because each has
thousands of them in the US, and wants to import them to Europe. If
Europe allows software patents, the megacorporations (most of them
foreign) will have a measure of control ***spam*** software use in Europe.
Most legislators have never done software development, so they fall
prey to myths about what software patents do. For example, the myth
that a patent covers the entire design of a product--if you say that a
software developer could get a patent "to protect his program", you
have made appeal to this myth. I've explained the truth about this
above.
Then there is the myth that patents can "protect" a "small inventor"
from competition by the megacorporations. If that were true, the
megacorporations would not be in favor of software patents. Each
megacorporation use its thousands of patents to make everyone else
cross-license. Typically the small inventor's innovative program will
combine his few new patented ideas with hundreds (or thousands) of
well-known ideas, some patented by IBM, some patented by Microsoft,
etc. The megacorporations will force him to cross-license. Then they
will compete with him just as if there were no patents.
Then there's the myth that US companies have an advantage while the US
has software patents and Europe does not. If that were true, US
companies and the US goverment would not be pressuring Europe to allow
software patents. The truth is the opposite: Europe has the advantage.
US patents restrict only what is done in the US, but anyone can get a
US patent. European companies can and do get US software patents, and
attack US software developers. But currently Americans can't get
European software patents and attack Europeans. As long as Europe
rejects software patents, Europe will have this advantage.
If Europe maintains its advantage, by rejecting software patents,
eventually my country may find it necessary to compete by changing its
foolish policy. Please help save the US from software patents,
by saving yourselves first.
Sincerely
Richard Stallman
President, Free Software Foundation
MacArthur Foundation Fellow
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