# LANGUAGE translation of https://www.gnu.org/philosophy/patent-reform-is-not-enough.html
# Copyright (C) YEAR Free Software Foundation, Inc.
# This file is distributed under the same license as the original article.
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"POT-Creation-Date: 2024-01-01 05:26+0000\n"
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#. type: Content of: <title>
msgid "Patent Reform Is Not Enough - GNU Project - Free Software Foundation"
msgstr ""

#. type: Content of: <div><h2>
msgid "Patent Reform Is Not Enough"
msgstr ""

#. type: Content of: <div><p>
msgid ""
"When people first learn about the problem of software patents, their "
"attention is often drawn to the egregious examples: patents that cover "
"techniques already widely known.  These techniques include sorting a "
"collection of formulae so that no variable is used before it is calculated "
"(called &ldquo;natural order recalculation&rdquo; in spreadsheets), and the "
"use of exclusive-or to modify the contents of a bit-map display."
msgstr ""

#. type: Content of: <div><p>
msgid ""
"Focusing on these examples can lead some people to ignore the rest of the "
"problem.  They are attracted to the position that the patent system is "
"basically correct and needs only &ldquo;reforms&rdquo; to carry out its own "
"rules properly."
msgstr ""

#. type: Content of: <div><p>
msgid ""
"But would correct implementation really solve the problem of software "
"patents? Let's consider an example."
msgstr ""

#. type: Content of: <div><p>
msgid ""
"In the early 90s we desperately needed a new free program for compression, "
"because the old de-facto standard &ldquo;compress&rdquo; program had been "
"taken away from us by patents.  In April 1991, software developer Ross "
"Williams began publishing a series of data compression programs using new "
"algorithms of his own devising.  Their superior speed and compression "
"quality soon attracted users."
msgstr ""

#. type: Content of: <div><p>
msgid ""
"That September, when the FSF was about a week away from releasing one of "
"them as the new choice for compressing our distribution files, use of these "
"programs in the United States was halted by a newly issued patent, number "
"5,049,881."
msgstr ""

#. type: Content of: <div><p>
msgid ""
"Under the patent system's rules, whether the public is allowed to use these "
"programs (i.e., whether the patent is invalid) depends on whether there is "
"&ldquo;prior art&rdquo;: whether the basic idea was published before the "
"patent application, which was on June 18, 1990.  Williams' publication in "
"April 1991 came after that date, so it does not count."
msgstr ""

#. type: Content of: <div><p>
msgid ""
"A student described a similar algorithm in 1988-1989 in a class paper at the "
"University of San Francisco, but the paper was not published.  So it does "
"not count as prior art under the current rules."
msgstr ""

#. type: Content of: <div><p>
msgid ""
"Reforms to make the patent system work &ldquo;properly&rdquo; would not have "
"prevented this problem.  Under the rules of the patent system, this patent "
"seems valid.  There was no prior art for it.  It is not close to obvious, as "
"the patent system interprets the term.  (Like most patents, it is neither "
"worldshaking nor trivial, but somewhere in between.)  The fault is in the "
"rules themselves, not their execution."
msgstr ""

#. type: Content of: <div><p>
msgid ""
"In the US legal system, patents are intended as a bargain between society "
"and individuals; society is supposed to gain through the disclosure of "
"techniques that would otherwise never be available.  It is clear that "
"society has gained nothing by issuing patent number 5,049,881.  This "
"technique was going to be available anyway.  It was easy enough to find that "
"several people did so at around the same time."
msgstr ""

#. type: Content of: <div><p>
msgid ""
"Under current rules, our ability to use Williams's programs depends on "
"whether anyone happened to publish the same idea before June 18, 1990.  That "
"is to say, it depends on luck.  This system is good for promoting the "
"practice of law, but not progress in software."
msgstr ""

#. type: Content of: <div><p>
msgid ""
"Teaching the Patent Office to look at more of the existing prior art might "
"prevent some outrageous mistakes.  It will not cure the greater problem, "
"which is the patenting of every <em>new</em> wrinkle in the use of "
"computers, like the one that Williams and others independently developed."
msgstr ""

#. type: Content of: <div><p>
msgid ""
"This will turn software into a quagmire.  Even an innovative program "
"typically uses dozens of not-quite-new techniques and features, each of "
"which might have been patented.  Our ability to use each wrinkle will depend "
"on luck, and if we are unlucky half the time, few programs will escape "
"infringing a large number of patents.  Navigating the maze of patents will "
"be harder than writing software.  As <cite>The Economist</cite> says, "
"software patents are simply bad for business."
msgstr ""

#. type: Content of: <div><h3>
msgid "What you can do to help"
msgstr ""

#.  [Dead as of 2019-03-23] support <a href="http://stopsoftwarepatents.eu/">
#. this
#. petition</a> for a Europe free of software patents, and 
#. type: Content of: <div><p>
msgid ""
"There is a massive effort in Europe to stop software patents.  Please see <a "
"href=\"https://ffii.org/\"> the FFII web site</a> for full details of how "
"you can help."
msgstr ""

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#. type: Content of: <div><div><p>
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"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>."
msgstr ""

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msgid "Copyright &copy; 1996-1998, 2001, 2023, 2024 Free Software Foundation, Inc."
msgstr ""

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"This page is licensed under a <a rel=\"license\" "
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