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+<!--#include virtual="/server/header.html" -->
+<!-- Parent-Version: 1.77 -->
+<title>Fighting Software Patents
+- Singly and Together - GNU Project - Free Software Foundation</title>
+<!--#include virtual="/philosophy/po/fighting-software-patents.translist" -->
+<!--#include virtual="/server/banner.html" -->
+<h2>Fighting Software Patents - Singly and Together</h2>
+
+<p>by Richard Stallman</p>
+
+<p>
+Software patents are the software project equivalent of land mines:
+each design decision carries a risk of stepping on a patent, which can
+destroy your project.</p>
+<p>
+Developing a large and complex program means combining many ideas,
+often hundreds or thousands of them. In a country that allows
+software patents, chances are that some substantial fraction of the
+ideas in your program will be patented already by various companies.
+Perhaps hundreds of patents will cover parts of your program. A study
+in 2004 found almost 300 US patents that covered various parts of a
+single important program. It is so much work to do such a study that
+only one has been done.</p>
+<p>
+Practically speaking, if you are a software developer, you will
+usually be threatened by one patent at a time. When this happens, you
+may be able to escape unscathed if you find legal grounds to overturn
+the patent. You may as well try it; if you succeed, that will mean one
+less mine in the mine field. If this patent is particularly
+threatening to the public, the <a href="http://www.pubpat.org">Public
+Patent Foundation (pubpat.org)</a> may take up the case; that is its
+specialty. If you ask for the computer-using community's help in
+searching for prior publication of the same idea, to use as evidence
+to overturn a patent, we should all respond with whatever useful
+information we might have.</p>
+<p>
+However, fighting patents one by one will never eliminate the danger
+of software patents, any more than swatting mosquitos will eliminate
+malaria. You cannot expect to defeat every patent that comes at you,
+any more than you can expect to kill every monster in a video game:
+sooner or later, one is going to defeat you and damage your program.
+The US patent office issues around a hundred thousand software patents
+each year; our best efforts could never clear these mines as fast as
+they plant more.</p>
+<p>
+Some of these mines are impossible to clear. Every software patent is
+harmful, and every software patent unjustly restricts how you use your
+computer, but not every software patent is legally invalid according
+to the patent system's criteria. The software patents we can overturn
+are those that result from &ldquo;mistakes&rdquo;, where the patent
+system's rules were not properly carried out. There is nothing we can
+do when the only relevant mistake was the policy of allowing software
+patents.</p>
+<p>
+To make a part of the castle safe, you've got to do more than kill the
+monsters as they appear&mdash;you have to wipe out the generator that
+produces them. Overturning existing patents one by one will not make
+programming safe. To do that, we have to change the patent system so
+that patents can no longer threaten software developers and users.</p>
+<p>
+There is no conflict between these two campaigns: we can work on the
+short-term escape and the long-term fix at once. If we take care, we
+can make our efforts to overturn individual software patents do double
+duty, building support for efforts to correct the whole problem. The
+crucial point is not to equate &ldquo;bad&rdquo; software patents with
+mistaken or invalid software patents. Each time we invalidate one
+software patent, each time we talk about our plans to try, we should
+say in no uncertain terms, &ldquo;One less software patent, one less
+menace to programmers: the target is zero.&rdquo;</p>
+<p>
+The battle over software patents in the European Union is reaching a
+crucial stage. The European Parliament voted a year ago to reject
+software patents conclusively. In May, the Council of Ministers voted
+to undo the Parliament's amendments and make the directive even worse
+than when it started. However, at least one country that supported
+this has already reversed its vote. We must all do our utmost right
+now to convince an additional European country to change its vote, and
+to convince the newly elected members of the European Parliament to
+stand behind the previous vote. Please refer
+to <a href="http://www.ffii.org/"> www.ffii.org</a> for more
+information on how to help, and to get in touch with other
+activists.</p>
+</div><!-- for id="content", starts in the include above -->
+<!--#include virtual="/server/footer.html" -->
+<div id="footer">
+<div class="unprintable">
+
+<p>Please send general FSF &amp; GNU inquiries to <a
+href="mailto:gnu@gnu.org">&lt;gnu@gnu.org&gt;</a>. There are also <a
+href="/contact/">other ways to contact</a> the FSF. Broken links and other
+corrections or suggestions can be sent to <a
+href="mailto:webmasters@gnu.org">&lt;webmasters@gnu.org&gt;</a>.</p>
+
+<p><!-- TRANSLATORS: Ignore the original text in this paragraph,
+ replace it with the translation of these two:
+
+ We work hard and do our best to provide accurate, good quality
+ translations. However, we are not exempt from imperfection.
+ Please send your comments and general suggestions in this regard
+ to <a href="mailto:web-translators@gnu.org">
+ &lt;web-translators@gnu.org&gt;</a>.</p>
+
+ <p>For information on coordinating and submitting translations of
+ our web pages, see <a
+ href="/server/standards/README.translations.html">Translations
+ README</a>. -->
+Please see the <a
+href="/server/standards/README.translations.html">Translations README</a> for
+information on coordinating and submitting translations of this article.</p>
+</div>
+
+<p>Copyright &copy; 2004 Richard Stallman</p>
+
+<p>This page is licensed under a <a rel="license"
+href="http://creativecommons.org/licenses/by-nd/3.0/us/">Creative
+Commons Attribution-NoDerivs 3.0 United States License</a>.</p>
+
+<!--#include virtual="/server/bottom-notes.html" -->
+
+<p class="unprintable">Updated:
+<!-- timestamp start -->
+$Date: 2014/04/12 12:40:00 $
+<!-- timestamp end -->
+</p>
+</div>
+</div>
+</body>
+</html>