Synopsis Christie Barnes

Group 3 9/17/09

In his talk presented to the University of Cambridge about software patents,

Richard Stallman first addresses the importance of being able to decipher the difference

between copyright and patents. He explains how copyrights cover the way things are

expressed while a patent covers the ideas behind these works. Stallman very avidly

expresses the importance of not confusing these differences, he argues to not even think

about copyrights and patents together in anyway. Stallman explains that his talk is about

patents only and continues his speech by presenting how patents have influenced the

world of software. It is clear early on in the article that Stallman is strongly against the

use of software patents. He explains how there are far too many patents and for the most

part they are all extremely difficult to understand. Stallman argues that this large number

of patents and their complex makeup is problematic for the world of software because it

is just all too easy to have a patent infringement in inventing new software without even

knowing it.

Stallman presents three possible solutions to avoiding patent infringement. These

are avoiding the patent, licensing the patent, and overturning the patent in court. Stallman

explains that avoiding a patent, not use the patented idea, is extremely difficult because

some patented ideas are essential to software development. Also, there are so many

patents and no efficient system of looking them up that you could be using a patented

idea and not even know it. Stallman goes onto explain how licensing a patent is also not

much of an option both because the person does not have to give you a license and if they

do decide to, it is often extremely expensive. The only people that benefit from licensing,
through a technique called cross licensing are major corporations who license patents

from small businesses or independent people so that they can make the majority of the

profit from the idea. Stallman also explains how overturning a patent in court is not very

practical because it is too expensive. Because of the inability to avoid patent infringement,

Stallman argues that the advancement of software has been stalled immensely and a

change in patent laws must occur.

Mark H. Webbink also advocates for this need for change in his article “A New

Paradigm for Intellectual Property Rights in Software”. In his article Webbink explains

how patents have not helped the growth of the software industry because they were put

into place when the industry was already well established. Like Stallman, Webbink

argues that patents have drastically decreased innovation in software development.

Webbink explains that certain patents work in society like pharmaceutical ones because

these patents cover an idea that creates only one medicine. For software however, one

idea can be used for thousands of different software developments. Therefore, if people

are unable to use this certain idea, it inevitably hinders software innovations and

advancements.

Webbink agrees with Stallman in the fact that cross-licensing gives the mega

corporations a monopoly over the software industry. Webbink describes the way no one

else can create things when these big corporations such as Microsoft have these

monopolies when he states, “Everybody else is left on the outside looking in, including

all of the small start-ups that are, more often than not, the source of true innovation in the

software industry” (4). This point really stuck out to me because if you look at the past

huge advancements in the world of software they have come from a couple of people
who have not made a name for themselves and they invent their creations in a humble

setting like their own homes. For example Google was started by a couple of Graduate

students in one of their friend’s garages. Patents today are hindering this kind of

innovation and ability for ordinary people to put into practice their potentially genius

ideas. I strongly agree with Webbink and Stallman in that a change in the United States

patent system needs to occur. Webbink proposes a few things that need to be changed

like making patents protect complete systems of features instead of individual

components of an idea. He also suggests that if there was a shorter term of protection,

rather than twenty years like today, the speed of innovation would be facilitated.

Both of these readings are very important to creating a change in the world of

software. Stallman passionately expresses the downfalls of software patents. His

technique is powerful, though his clear emotion makes his arguments obviously biased. I

think he would have benefited from presenting other sides of the argument to validate his

own instead of going on a tirade. However, his tirade did show, first hand, how angering

it would be for someone in the software industry to be hindered by patents and Stallman

was ultimately successful in convincing me that software patents are unethical and bad

for the growth of the industry. Webbink on the other hand, presented his manner in a

much more academic way using various sources to support his opinion. He even went

that one step further and suggests tangible ways in which a change in software patents

can occur. These ideas for change are really important to present so that people can take

steps forward to create these alterations in the world of software patents.

After reading these articles, I realized how much of our world is controlled by

large corporations. It is scary to think that people with great ideas and inventions are
actually hindered by laws and the power these corporations have. American society is

based on the fact that everyone can succeed if they work hard enough. We see all over the

country how this is clearly not the case and because of patents, the software industry is no

exception. I agree with Stallman and Webbink that to increase innovation and empower

the independent businesses and people who might not have the money to produce their

ideas, we must drastically change the role of patents in the world of software.