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Difference between revisions of "Freedom of expression"

(Discussing software development: A clear example when Roy van Rijn got a legal threat just for blogging about software he was writing which he hadn't even published yet: * [http://www.boingboing)
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Software patents can interfere with people's freedom of expression in various ways.
 
Software patents can interfere with people's freedom of expression in various ways.
  
==Communication technology==
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==Access to communication technology==
  
 
Most modern communication systems are based on software.  If only MyCompany can use a certain communication method, then anyone who can't afford the software of MyCompany, or anyone who objects to using the software of MyCompany is excluded from certain types of communication.
 
Most modern communication systems are based on software.  If only MyCompany can use a certain communication method, then anyone who can't afford the software of MyCompany, or anyone who objects to using the software of MyCompany is excluded from certain types of communication.
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* [http://oti.newamerica.net/blogposts/2010/video_prison_why_patents_might_threaten_free_online_video-33950 Video Prison: Why Patents Might Threaten Free Online Video]
 
* [http://oti.newamerica.net/blogposts/2010/video_prison_why_patents_might_threaten_free_online_video-33950 Video Prison: Why Patents Might Threaten Free Online Video]
  
==Discussing software development==
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==Discussing software ''development''==
  
 
If something is patented, then you might not be able to publish a sensible discussion about it (See for example Andrew Tridgell's [http://lkml.org/lkml/2009/6/26/314 VFAT patch FAQ] on LKML, the Linux Kernel Mailing List).
 
If something is patented, then you might not be able to publish a sensible discussion about it (See for example Andrew Tridgell's [http://lkml.org/lkml/2009/6/26/314 VFAT patch FAQ] on LKML, the Linux Kernel Mailing List).
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* [http://www.boingboing.net/2010/07/08/patent-holders-legal.html Patent holder's demand: stop discussing my patent]
 
* [http://www.boingboing.net/2010/07/08/patent-holders-legal.html Patent holder's demand: stop discussing my patent]
  
==Discussing software use==
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==Discussing software ''use''==
  
In [[i4i v. Microsoft]] in the 2009 [[USA]], when [[Microsoft]] lost, the judge noted that Microsoft was thereby prohibited from providing technical support for an aspect of their .docx format that is patented by i4i inc. "''providing support or assistance to anyone that describes how to use any infringing and Future Word Products to open an XML file containing custom XML''".
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In [[i4i v. Microsoft]] in the 2009 [[USA]], when [[Microsoft]] lost, the judge noted that Microsoft was thereby prohibited from providing technical support for an aspect of their .docx format that is patented by i4i inc. "''providing support or assistance to anyone that describes how to use any infringing and Future Word Products to open an XML file containing custom XML''".<ref>http://www.patentlyo.com/patent/2009/08/i4i-ltd-v-microsoft-corp-ed-tex-2009-texas-style-the-order-from-judge-davis-gets-right-to-the-point---in-accordance.html</ref>
  
 
==Inducement worries==
 
==Inducement worries==
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==External links==
 
==External links==
* [http://www.philsalin.com/patents.html Freedom of Speech in Software], a 1991 essay by Phil Salin
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* [http://www.philsalin.com/patents.html Freedom of Speech in Software], 1991, '''Phil Salin'''
 
* [http://www.jerf.org/writings/communicationEthics/node6.html Software and Software Patents], an essay that partly makes the freedom of speech argument
 
* [http://www.jerf.org/writings/communicationEthics/node6.html Software and Software Patents], an essay that partly makes the freedom of speech argument
 
* [http://oti.newamerica.net/blogposts/2010/video_prison_why_patents_might_threaten_free_online_video-33950 Video Prison: Why Patents Might Threaten Free Online Video]
 
* [http://oti.newamerica.net/blogposts/2010/video_prison_why_patents_might_threaten_free_online_video-33950 Video Prison: Why Patents Might Threaten Free Online Video]
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==References==
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{{reflist}}
  
  
 
{{footer}}
 
{{footer}}
 
[[Category:Arguments]]
 
[[Category:Arguments]]

Revision as of 09:26, 7 September 2010

Software patents can interfere with people's freedom of expression in various ways.

Access to communication technology

Most modern communication systems are based on software. If only MyCompany can use a certain communication method, then anyone who can't afford the software of MyCompany, or anyone who objects to using the software of MyCompany is excluded from certain types of communication.

This article might provide an example:

Discussing software development

If something is patented, then you might not be able to publish a sensible discussion about it (See for example Andrew Tridgell's VFAT patch FAQ on LKML, the Linux Kernel Mailing List).

Sharing source code is an important part of understanding a program. Patents inhibit education by not allowing people to learn about software.

A clear example when Roy van Rijn got a legal threat just for blogging about software he was writing which he hadn't even published yet:

Discussing software use

In i4i v. Microsoft in the 2009 USA, when Microsoft lost, the judge noted that Microsoft was thereby prohibited from providing technical support for an aspect of their .docx format that is patented by i4i inc. "providing support or assistance to anyone that describes how to use any infringing and Future Word Products to open an XML file containing custom XML".[1]

Inducement worries

As described in the 2008 amicus brief by the American Civil Liberties Union[1] for the in re Bilski case, because "inducement to infringement" is a crime in the USA, sharing technical information about a possibly-patented idea could lead to an infringement suit.

Related pages on ESP Wiki

External links

References