Freedom of expression
Software patents can interfere with people's freedom of expression in various ways.
Contents
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.
For example: How many patents are violated by swpats.org?
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.
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".
Inducement worries
As described in the amicus brief by the American Civil Liberties Union,[1] 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
- Freedom of Speech in Software, a 1991 essay by Phil Salin
- Software and Software Patents, an essay that partly makes the freedom of speech argument
