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Subject: Open Letter on Software Patents from Linux developers

Date: Sun, 21 Sep 2003 13:31:12 -0700 (PDT)

From: Linus Torvalds

 

Open Letter to

the Honourable Pat Cox, the President of the European Parliament,

members of the European Parliament:

 

Dear Mr. Cox,

 

We have been following with growing concern that Europe has been

extending patentability to computer programs. Now European Parliament

is about to vote on a directive that could put a stop to this

development, or make it worse, depending on how it is amended by the

Parliament.

 

US experience shows that, unlike traditional patents, software patents

do not encourage innovation and R&D, quite the contrary. In particular

they hurt small and medium-sized enterprises and generally newcomers

in the market. They will just weaken the market and increase spending

on patents and litigation, at the expense of technological innovation

and research.

 

Especially dangerous are attempts to abuse the patent system by

preventing interoperability as a means of avoiding competition with

technological ability. Standards should never be patentable! Likewise,

patents should never be used as means for preventing publication of

information - the whole idea of patents is to provide time-limited

monopoly in exchange for publication of the invention.

 

Software patents are also the utmost threat to the development of

Linux and other free software products, as we are forced to see every

day while we work with the Linux development. We want to be able to

provide the world with free high class, high quality, highly

innovative software products that really empower the users and offer

the best and only real chance to narrow the digital divide. Please do

not make this harder to us that it already is! In conclusion, we would

recommend You to vote for such amendments that

 

* clarify limits of patentability so that computer programs,

algorithms and business methods really cannot be patented as such;

* make sure that patents cannot be abused to avoid technical

competition by preventing interoperability of competing products; and

* ensure that patents cannot be used to prevent publication of

information.

 

To that end we would suggest following FFII's voting recommendations

on this directive (see www.ffii.org).

 

Sincerely,

 

Linus Torvalds Alan Cox"

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