Patents
Like a work of fiction, the value of a sophisticated work of software is not in the simple plot idea, but in the complex telling of the tale. It is only those unfamiliar with the strong feelings, beliefs and preferences which exist among writers of software regarding alternative expressions of the same software ideas who could believe that differences in expression of the "same" idea are unimportant to those who write software, or to those who use software written by others.Imagine if, for 17 years, only one author was allowed to write about the plot line "boy meets girl, boy loses girl, boy regains girl". Or that once some consortium of artists has invented rock and roll or string quartets (and produced an initial "reduction to practice"), no one else could write music in those styles for 17 years without their permission. Or that once the first mathematician has invented a technique for dividing numbers, all other mathematicians must for 17 years request permission before inventing their own techniques, for fear of accidentally reinventing or coming too close to reinventing what another mathematician has also thought about. In each of these cases, imagine the arrogance of someone claiming a right to bring before a court of law and convict of a civil crime all others who choose to think for themselves and write independently.
(Phil Salin, "Freedom of Speech in Software", 1991)
Everybody please go read Salin's letter and John Gilmore's speech with the same title.
