Writing in a special Wired series on patent reform, Free Software Foundation founder Richard Stallman proposes to limit the harms that patents do to computers, their users, and free/open development by passing a law that says that running software on a general purpose computer doesn't infringe patents. In Stallman's view, this would cut through a lot of the knottier problems in patent reform, including defining "software patents;" the fact that clever patent lawyers can work around any such definition; the risks from the existing pool of patents that won't expire for decades and so on. Stallman points out that surgeons already have a statutory exemption to patent liability -- performing surgery isn't a patent violation, even if the devices and techniques employed in the operation are found to infringe. Stallman sees this as a precedent that can work to solve the problem. Though it seems to me that it might be easier to define "performing surgery" than "operating a general purpose computer."
This approach doesn’t entirely invalidate existing computational idea patents, because they would continue to apply to implementations using special-purpose hardware. This is an advantage because it eliminates an argument against the legal validity of the plan. The U.S. passed a law some years ago shielding surgeons from patent lawsuits, so that even if surgical procedures are patented, surgeons are safe. That provides a precedent for this solution.
Software developers and software users need protection from patents. This is the only legislative solution that would provide full protection for all.
We could then go back to competing or cooperating … without the fear that some stranger will wipe away our work.
Let’s Limit the Effect of Software Patents, Since We Can’t Eliminate Them
(Image: DSC09309, a Creative Commons Attribution (2.0) image from 25734428@N06's photostream)
Melt chocolate into slabs, coat with blue candy-melts, and stud with broken oreos and edible googly eyes and voila: it’s as though you blenderized a thousand Cookie Monsters, rolled them flat, and baked them.
For decades, Warner/Chappell Music claimed to own the rights to the Happy Birthday song, despite the reams of copyright scholarship and historical research showing they had no legitimate claim.
Last year’s AI Video Competition featured Mario Lives! An Adaptive Learning AI Approach for Generating a Living and Conversing Mario Agent, in which researchers from Germany’s University of Tübingen explained how they’d modified Super Marion Brothers to turn the characters into adaptive, machine-learning chatterbots that discovered how to play the game together.
You travel around a lot. It might be that jet set life from New York to LA to London to Tokyo, or it might be back and forth from the coffee shop to the office, or from the kitchen to the couch. Any which way, you’re mobile and that’s the way to live. When you […]
It’s 2016 and we like our technology really small. Our phones fit in our pockets, our remotes are lighter than ever, and even our cars seem to be shrinking. So your new drone shouldn’t be an exception. This Axis VIDIUS Drone is 21% off right now and it’s so little, your biggest problem won’t be […]
You’ve heard the news: cyber security is the new and very scary frontier. Hackers are out there just waiting for you to relax for a second and let them in. But that’s not going to happen to you. With a lifetime premium subscription to ZenMate VPN, you’re completely protected from anyone out there who wants […]