Re: [Fsfe-uk] Software patent - any action?

[Chris Lale]

MJ Ray wrote:
> Although SWPAT.FFII is a very good resource, I find it a little short
> on "what is the best to do now" opinions
>
I am drafting a letter for CEC, MEP's Political Party Leaders etc. There
is a template letter at SWPAT.FFII but I cannot understand it. I am 
reasonably IT-literate, so what chance would lay people have?

I would welcome comments on the following text, especially where I have 
made mistakes.

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Copyright protects a software author's rights. Patenting software would 
by-pass the author, slow up or stop the fixing of bugs and the 
development of new software. It would also allow the creation of huge 
monopolies and be anti-competitive.

This analogy may explain why. Suppose a rose breeder develops a new 
variety of rose. He, or she, can protect the new variety by registering 
a name with the RHS or some other body. The breeder can go on to develop 
a new variety from the old. So can someone else. This competition spurs 
on development. Copyright fulfils a similar role for the software developer.

The features and functions of a rose are determined by genes. Similarly, 
software code implements algorithms. Suppose that a rose breeder were 
allowed to patent the gene(s) that give a rose its red colour. That 
would inhibit or prevent someone else from developing a new variety of 
red rose. I could also inhibit or prevent someone else from developing a 
new red flower of any sort.

Patenting of software would work in a similar way. A big company would 
be allowed to  patent algorithm(s) in their software. This would inhibit 
or prevent anyone else from developing any new software that has a 
similar function.

Algorithms are fundamental mathematical truths. Arguably, they are 
discovered and developed rather than being invented. How different would 
our lives be now if Pythagoras's Theorem or Archimedes' Principle had 
been patented?
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Cheers,

Chris.
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