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author Robert McIntyre <rlm@mit.edu>
date Mon, 01 Apr 2013 16:06:09 +0000
parents 63a9cd3edcc0
children fcb569c767b6
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17:63a9cd3edcc0 18:fe9e92bbafbc
12 * Copyright is normally a negative force 12 * Copyright is normally a negative force
13 13
14 Copyright is something the you are automatically granted whenever 14 Copyright is something the you are automatically granted whenever
15 you create a work in some permanent form; you don't have to request 15 you create a work in some permanent form; you don't have to request
16 it or anything. It lets you prevent other people from copying your 16 it or anything. It lets you prevent other people from copying your
17 work, reading your work, or creating derivitave works based on your 17 work, reading your work, or creating derivative works based on your
18 work. 18 work.
19 19
20 Thus, copyright is what I call a "negative force". It is something 20 Thus, copyright is what I call a "negative force". It is something
21 that you use to prevent the flow of information; it lets you remove 21 that you use to prevent the flow of information; it lets you remove
22 the abilities of other people to use "your" information. 22 the abilities of other people to use "your" information.
27 copyright and turns it on its head. With the GPL, copyright can be 27 copyright and turns it on its head. With the GPL, copyright can be
28 used to enable freedom, and ensure peoples' rights to freely use 28 used to enable freedom, and ensure peoples' rights to freely use
29 your information. The GPL essentially reads: 29 your information. The GPL essentially reads:
30 30
31 #+begin_quote 31 #+begin_quote
32 This work is copyrighted, but by recieving this work you gain the 32 This work is copyrighted, but by receiving this work you gain the
33 rights to distribute, copy, and make derivitave works based on this 33 rights to distribute, copy, and make derivative works based on this
34 work, but only if you also license such work under this license. 34 work, but only if you also license such work under this license.
35 #+end_quote 35 #+end_quote
36 36
37 The requirement for using the GPL in derivative works makes the GPL 37 The requirement for using the GPL in derivative works makes the GPL
38 "infectious", which means the GPL will "contaminate" all derivative 38 "infectious", which means the GPL will "contaminate" all derivative
49 physical object ("regular" patents), an algorithm (software patent), 49 physical object ("regular" patents), an algorithm (software patent),
50 of a way of doing something (process patent). Once you have a 50 of a way of doing something (process patent). Once you have a
51 patent, it gives you the ability to stop anyone else from using your 51 patent, it gives you the ability to stop anyone else from using your
52 idea in any other invention. This is supposed to give you a 52 idea in any other invention. This is supposed to give you a
53 temporary monopoly to help you make money off your invention before 53 temporary monopoly to help you make money off your invention before
54 anyone else would be legally allowed to do so. In practce, many 54 anyone else would be legally allowed to do so. In practice, many
55 patents are given for ideas that are quite obvious to pretty much 55 patents are given for ideas that are quite obvious to pretty much
56 everyone. For example, Amazon has a patent (#[[http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&d=PALL&RefSrch=yes&Query=PN%2F5715399][5,715,399]]) on the idea 56 everyone. For example, Amazon has a patent (#[[http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&d=PALL&RefSrch=yes&Query=PN%2F5715399][5,715,399]]) on the idea
57 of presenting a coustomer with the last four digits of a credit card 57 of presenting a customer with the last four digits of a credit card
58 instead of displaying the entire numbner. Amazon can sue any other 58 instead of displaying the entire number. Amazon can sue any other
59 company that displays only the last four digits of a credit card 59 company that displays only the last four digits of a credit card
60 number and prevent them from using that method unless they pay 60 number and prevent them from using that method unless they pay
61 Amazon a lot of money. Needless to say, there are many patents that 61 Amazon a lot of money. Needless to say, there are many patents that
62 are very silly. 62 are very silly.
63 63
64 Now, I choose a particurally silly patent, but the point is that 64 Now, I choose a particularly silly patent, but the point is that
65 patents can be a great force for the retardation of progress. Many 65 patents can be a great force for the retardation of progress. Many
66 silly patents have been issued, and a patent lasts for 17 years. For 66 silly patents have been issued, and a patent lasts for 17 years. For
67 almost any idea, there will be some patent that will cover your 67 almost any idea, there will be some patent that will cover your
68 idea, and then the entity that owns that patent can prevent you from 68 idea, and then the entity that owns that patent can prevent you from
69 selling products based on that idea /or even giving products based 69 selling products based on that idea /or even giving products based
70 on that idea away for free/. This can become a MAJOR problem for 70 on that idea away for free/. This can become a MAJOR problem for
71 free software, since for basically any program, some part of that 71 free software, since for basically any program, some part of that
72 program will be covered by a patent, and it can become impossible to 72 program will be covered by a patent, and it can become impossible to
73 legally distribute that program as free software. This is why some 73 legally distribute that program as free software. This is why some
74 GNU/Linux distributions don't come with an mp3 player. The mp3 74 GNU/Linux distributions don't come with an mp3 player. The mp3
75 algorighm is patented, and even if you write an open source mp3 75 algorithm is patented, and even if you write an open source mp3
76 player, you will have problems distribuiting that player because of 76 player, you will have problems distributing that player because of
77 the mp3 patents. 77 the mp3 patents.
78 78
79 ** Patents are treated as physical objects 79 ** Patents are treated as physical objects
80 They can be sold, seized, etc. This is because the government wants 80 They can be sold, seized, etc. This is because the government wants
81 new inventions to actually be made available to the public. The idea 81 new inventions to actually be made available to the public. The idea
95 ** Patents are arranged in a dependency network 95 ** Patents are arranged in a dependency network
96 Just because you have a patent on your invention doesn't mean you 96 Just because you have a patent on your invention doesn't mean you
97 can actually distribute that invention. Normally, your invention 97 can actually distribute that invention. Normally, your invention
98 will be affected by other patents, which themselves are affected by 98 will be affected by other patents, which themselves are affected by
99 other patents. You can only distribute your invention if you 99 other patents. You can only distribute your invention if you
100 negoitate with the owners of all these dependent patents. 100 negotiate with the owners of all these dependent patents.
101 101
102 An example: If I own the patent for table tops and you own the 102 An example: If I own the patent for table tops and you own the
103 patent for table legs, and you and I don't get along too well, then 103 patent for table legs, and you and I don't get along too well, then
104 the world will be without tables for 17 years. 104 the world will be without tables for 17 years.
105 105
110 distributor or developer of open-source software on specified 110 distributor or developer of open-source software on specified
111 patents, unless first attacked." 111 patents, unless first attacked."
112 112
113 This is an interesting statement to me. With this pledge, Google has 113 This is an interesting statement to me. With this pledge, Google has
114 created "neutral" patents that allow open source software to 114 created "neutral" patents that allow open source software to
115 develop, but do not particurally encourage it to develop. They have 115 develop, but do not particularly encourage it to develop. They have
116 done this by attaching legally binding conditions on the enforcement 116 done this by attaching legally binding conditions on the enforcement
117 of their patents via a pledge. 117 of their patents via a pledge.
118 118
119 * Positive Patents 119 * Positive Patents
120 We can create patents that actively encourage openness by emulating 120 We can create patents that actively encourage openness by emulating
121 the GPL. What it would take is a company that issues a more 121 the GPL. What it would take is a company that issues a more
122 agressive pledge about its patents; Something along the lines of: 122 aggressive pledge about its patents; Something along the lines of:
123 123
124 #+begin_quote 124 #+begin_quote
125 The Positive Patent Pledge, v0.1 125 The Positive Patent Pledge, v0.1
126 126
127 "We pledge to sue any entity that tries to sell/distribute any 127 "We pledge to sue any entity that tries to sell/distribute any
128 product that is covered by our patents. We will not settle for any 128 product that is covered by our patents. We will not settle for any
129 amount of money but will instead ensure that the product will never 129 amount of money but will instead ensure that the product will never
130 see market, as is our right under patent law. 130 see market, as is our right under patent law.
131 131
132 The only exception is if the product is open (all code/methods of 132 The only exception is if the product is open (all code/methods of
133 construction is made pubically available under an open license), and 133 construction is made publicly available under an open license), and
134 the entity makes this same pledge for any patents relating to the 134 the entity makes this same pledge for any patents relating to the
135 product." 135 product."
136 #+end_quote 136 #+end_quote
137 137
138 This pledge, if taken by a company with enough patents, would slowly 138 This pledge, if taken by a company with enough patents, would slowly
163 product that is covered by our patents. We will not settle for any 163 product that is covered by our patents. We will not settle for any
164 amount of money but will instead ensure that the product will never 164 amount of money but will instead ensure that the product will never
165 see market, as is our right under patent law. 165 see market, as is our right under patent law.
166 166
167 The only exception is if the product is open (all code/methods of 167 The only exception is if the product is open (all code/methods of
168 construction is made pubically available under an open license), and 168 construction is made publicly available under an open license), and
169 the entity makes this same pledge for any patents relating to the 169 the entity makes this same pledge for any patents relating to the
170 product, the entity can take the Google 'neutral patent pledge' 170 product, the entity can take the Google 'neutral patent pledge'
171 instead of this pledge if they are a 'special exception'. 171 instead of this pledge if they are a 'special exception'.
172 #+end_quote 172 #+end_quote
173 173
174 The only way for a company to become a special exception would be 174 The only way for a company to become a special exception would be
175 for them to contribute monetairly to this hypothetical company. 175 for them to contribute monetarily to this hypothetical company.