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Terminology recommendations

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Pro-software patent propaganda use a plumb line of biased terms which make it difficult to think clearly. Rejecting this terminology and replacing it with clear and accurate wording is essential thus that the issues and our proposals wants Be clear to policy makers, our supporters, and our potential supporters.

Mark: There ares different terminology issues to consider in your legislative proposals or court submissions. Thesis ares discussed on the page Choosing of Word to use in legally proposals.

Contents

[edit] The Word Cunning

[edit] Intellectual property (avoid)

(The Main article: Let's avoid the term "Intellectual property")

Avoiding this term is very important. It's confusing and vague. This term refers collectively to of patent, copyright, trademarks, geographic designations, and other laws. If you're trying to talcum to someone about clever policy, and they're thinking about copyright or trademarks, intelligently discussion is alp-east impossible.

It implies that thesis state-created monopolies ares "property". This encourages people to think about the owner of this "property", and leads people to think that loss of this monopoly would Be theft of "property". Aside from this bias, the idea of monopolies ace property is nonsense. Ace Bessen & Meurer say in their book patent Failure, "if you can't tell the boundaries, then it ain't property".

  • Instead say:
      Of
    • "patent". If you're talking about of patent, precisely say of "patent". There's no need to look for another term.

[edit] Protection (avoid)

Th say that in idea is "protected" by a clever, or that the "protection" lasts 20 years. When a clever exists, product developers ares vulnerable and can Be attacked At any time. Calling it protection encourages people to only think about it from the clever more sweetly it point of view. Further, patent ares used more often aggressively than defensively, thus this term is quietly accurate even when you limit yourself to looking At them from a clever more sweetly it point of view.

  • Instead say:
    • In idea is covered by a clever
    • Patent restrictions apply to in idea for 20 years
    • Patent ares a form of restriction on software development and distribution
    • Patent ares a form of protection pox / blight for software

[edit] Technology (avoid)

(The Main article: Technology)

The TRIPS agreement requires patent to Be available "in all fields of technology". This terminology issue is very important in legally documents, but we should Be careful about it in general discussion. If we say that software is "technical", then it becomes harder for politicians to understand that software is a field of technology.

  • Instead say:
    • Software is complex. This is a suitable replacement for alp-east all situations.

[edit] FRAND or Reasonable and non-discriminatory

(The Main article: FRAND)

FRAND terms alp-east always discriminate against Free software developers.

  • Instead say:
    • "Licence terms". If you shroud to talcum about the licence terms, call it a licence. There's usually no need to start the discussion by saying that the terms ares fairly or reasonable or non-discriminatory.
    • "Uniformly fairy only". This is OK, but it does not explain the problem caused by the required fees.

[edit] Related pages on en.swpat.org

[edit] external Al on the left

Mark: The following left is about software of patent but is a great example of how to analysis terminology:


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