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comparison org/patents.org @ 29:fba00c98e629

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author Robert McIntyre <rlm@mit.edu>
date Mon, 01 Apr 2013 16:46:09 +0000
parents 123cc504e694
children 8d2aa8256786
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71 on that idea away for free/. This can become a MAJOR problem for 71 on that idea away for free/. This can become a MAJOR problem for
72 free software, since for basically any program, some part of that 72 free software, since for basically any program, some part of that
73 program will be covered by a patent, and it can become impossible to 73 program will be covered by a patent, and it can become impossible to
74 legally distribute that program as free software. This is why some 74 legally distribute that program as free software. This is why some
75 GNU/Linux distributions don't come with an mp3 player. The mp3 75 GNU/Linux distributions don't come with an mp3 player. The mp3
76 algorithm is patented, and even if you write an open source mp3 76 algorithm is patented, and even if you write an free and open-source
77 player, you will have problems distributing that player because of 77 mp3 player, you will have problems distributing that player because
78 the mp3 patents. 78 of the mp3 patents.
79 79
80 ** Patents are treated as property 80 ** Patents are treated as property
81 They can be sold, seized, etc. This is because the government wants 81 They can be sold, seized, etc. This is because the government wants
82 new inventions to actually be made available to the public. The idea 82 new inventions to actually be made available to the public. The idea
83 here is that if you are an inventor and you obtain a patent on a 83 here is that if you are an inventor and you obtain a patent on a
116 develop, but do not particularly encourage it to develop. They have 116 develop, but do not particularly encourage it to develop. They have
117 done this by attaching legally binding conditions on the enforcement 117 done this by attaching legally binding conditions on the enforcement
118 of their patents via a pledge. 118 of their patents via a pledge.
119 119
120 * COMMENT Positive Patents 120 * COMMENT Positive Patents
121 We can create patents that actively encourage openness by emulating 121 We can create patents that actively enable freedom by emulating
122 the GPL. What it would take is a company that issues a more 122 the GPL. What it would take is a company that issues a more
123 aggressive pledge about its patents; Something along the lines of: 123 aggressive pledge about its patents; Something along the lines of:
124 124
125 #+begin_quote 125 #+begin_quote
126 The Positive Patent Pledge, v0.1 126 The Positive Patent Pledge, v0.1
128 "We pledge to sue any entity that tries to sell/distribute any 128 "We pledge to sue any entity that tries to sell/distribute any
129 product that is covered by our patents. We will not settle for any 129 product that is covered by our patents. We will not settle for any
130 amount of money but will instead ensure that the product will never 130 amount of money but will instead ensure that the product will never
131 see market, as is our right under patent law. 131 see market, as is our right under patent law.
132 132
133 The only exception is if the product is open (all code/methods of 133 The only exception is if the product is free (all code/methods of
134 construction is made publicly available under an open license), and 134 construction is made publicly available under a free license), and
135 the entity makes this same pledge for any patents relating to the 135 the entity makes this same pledge for any patents relating to the
136 product." 136 product."
137 #+end_quote 137 #+end_quote
138 138
139 This pledge, if taken by a company with enough patents, would slowly 139 This pledge, if taken by a company with enough patents, would slowly
164 "We pledge to sue any entity that tries to sell/distribute any 164 "We pledge to sue any entity that tries to sell/distribute any
165 product that is covered by our patents. We will not settle for any 165 product that is covered by our patents. We will not settle for any
166 amount of money but will instead ensure that the product will never 166 amount of money but will instead ensure that the product will never
167 see market, as is our right under patent law. 167 see market, as is our right under patent law.
168 168
169 The only exception is if the product is open (all code/methods of 169 The only exception is if the product is free (all code/methods of
170 construction is made publicly available under an open license), and 170 construction is made publicly available under a free license), and
171 the entity makes this same pledge for any patents relating to the 171 the entity makes this same pledge for any patents relating to the
172 product. The entity can take the Google 'neutral patent pledge' 172 product. The entity can take the Google 'neutral patent pledge'
173 instead of this pledge if they are a 'special exception'. 173 instead of this pledge if they are a 'special exception'.
174 #+end_quote 174 #+end_quote
175 175
176 The only way for a company to become a special exception would be 176 The only way for a company to become a special exception would be
177 for them to contribute monetarily to this hypothetical company. 177 for them to contribute monetarily to this hypothetical company.
178 178
179
180 * Source Listing
181 #+html: <ul> <li> <a href="../org/patents.org">This org file</a> </li> </ul>
182 - [[http://hg.bortreb.com ][source-repository]]
179 183
180 184
181 * COMMENT 185 * COMMENT
182 use proscriptive/freedom enabling/disabling? 186 use proscriptive/freedom enabling/disabling?
183 187