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- From: iriXx <iriXx@iriXx.org>
- To: rms@gnu.org
- Cc: phm@ffii.org, Bernard Lang <Bernard.Lang@inria.fr>, patents@aful.org, nick@nickhill.co.uk, Alex Hudson <home@alexhudson.com>, Alexandre.Dulaunoy@ael.be, Wiebe van der Worp <wiebe@viaisn.org>
- Subject: Re: [Patents] If Haydn had patented the symphony
- Date: Mon, 08 Sep 2003 22:07:04 +0100
- Organization: iriXx
i remember your mentioning something like this in your talk at Cambridge
last year - if Beethoven had patented the trill....
being a classical composer by training, this would have been a nightmare
for me!
everything a composer (or any other artist) creates is derivative of
past works - there is no way to avoid this.
those who have tried have ended up writing music which sounds like bread
made with no ingredients (thin air).
even worse: what if someone patented the alphabet.
communication between anyone would be rendered gibberish if we had to
invent our own prior art every time we wanted to write!
great example.
m~
Richard Stallman wrote:
Here is an idea: write the claims for a patent on "sonata form", which
was the usual structure of the first movement of a symphony, with the
music to be played through a MIDI synthesizer by a computer.
My idea is that you can find a way to do this that would make it a
legitimate patent under the proposed EU directive. (Of course, it
would be invalid due to prior art, but that's a different issue.)
Then instead of "What if Haydn could have patented the symphony",
we will be able to say, "With this directive, Haydn could have
patented the symphony."
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