소프트웨어 특허법 관련하여 Linus Torvalds와 Alan Cox가 EU 의장 Pat Cox에게 보낸 공개메일입니다. 내용은 대략 이렇습니다. 특허법은 리눅스와 다른 free SW의 개발을 뺏아가는 것이다. 우리는 모든이에게 권한을 주고 제약없이 자유롭게 고수준, 고품질, 아주 혁신적인 S/W를 제공하기를 원한다. 점점 더 어렵게 만들지마라. 다음과 같이 개정되도록 표결하기를 권한다. - 프로그램, 알고리즘, 비지니스 방법에 대해서는 특허화되지 않도록 제한을 명백히 해라 - 특허가 기술적인 경쟁을 가로막는 형태로 악용되지 않도록 만들어라 - 특허가 정보공개를 막지 않도록 보증해라 2003.9.23, 좋은진호(truefeel) 출처 : http://www.effi.org/patentit/patents_torvalds_cox.txt ------------------------------------------------------------------------------ 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