DroitsHommeEn

Request for a modification relative to universal declaration of the Humans right and of the citizen in order to guarantee our freedoms in "the civilization of numerical".

"Our species during hundreds of thousands of years knew a first revolution in its evolution: it was about creation of the first languages and the fact that the transmission of the knowledge was done not only by imitation but also orally. The transmission of the knowledge at the man has been done orally for roughly 200.000 years.

The writing constituted the second revolution. The transmission of the written knowledge makes it possible to fill certain problems of orality which are forget them and deformations. It thus supplements intelligently the transmission of the knowledge by imitation, or oral communication. The transmission of the knowledge at the written man started approximately 6000 years ago.

The third revolution occurs today: we have evil to take the retreat sufficient for us to give an account of it.

However, in a few decades, it already touched million individuals: the knowledge is not any more that writing, the knowledge is transmitted in numerical form. The knowledge becomes transmissible instantaneously, improvable indefinitely, copiable at will, put-with-day quickly. The transmission of the knowledge at the man in numerical form started a few decades ago.

The foundations of this third revolution which insert to us in the "civilization of numerical" are the source codes of the computer programs.

But what do we observe?

Multinationals want to see appearing software patents to adapt these source codes.

Worse, the presidencies of the council of the European union try to make pass in force this directive against the positions of the European Parliament who represents Europe democratically.

Yes! in hiding-place, with the shelter of the media, certain companies exert inadmissible pressures, to create the "patent-software" which is prohibited since the convention of Munich of October 5, 1973.'

The convention of October 5, 1973 on the grant of European patents specifies in its article 52:

"(2) are not regarded as inventions within the meaning of paragraph 1 in particular:

c) plans, principles and methods in the exercise of mental activities, as regards play or in the field of the economic activities, as well as the computer programs;"

The computer programs are thus prohibited!

Why?

The reason is simple: the programs are immaterial, one brevette neither the ideas, neither mathematics, nor the algorithms, because they are immaterial objects like the thought.

To accept would be to make pass our civilization in the obscure side where very thought could be patented by a multinational!!!

To want to sap the foundations of this new civilization by the creation of "patent-software" constitutes a crime for this civilization.

If it is a freedom to be defended in this century: it is about that one!

However, the experts orate on the economic interests of certain companies: we must make a total abstraction of it! It is about the stake of our "civilization of numerical"!

What a data-processing company, is it largest (Microsoft already condemned to 497.2 million euros for these illegal practices in Europe in 2004), compared with this stake there?

It is up to Europe to modify its convention of safeguard of the Humans right and fundamental Freedoms to register in the heart even our constitution "freedoms numériques"dont we need:

• right to write any source code of computer programs.
• right to use any source code of computer programs which one wrote.
• right to transmit to whoever (person or entity) its three fundamental freedoms by heritage.

Each legal entity or physical must have the right to modify, improve, adapt, use, communicate to others this intelligence in numerical form which are the source codes of the data-processing programs, when no licence denying these principles applies.

They are to protect the transmission from generation to generation the knowledge and data-processing freedoms, to protect the diffusion and the use of the source codes which are at the base of this emergent civilization.

The protections offered by the regulations on the royalties and the licences are sufficient to protect the companies which show pressure at the European level to pass a directive founding of the software patents.

To install an unspecified fault in these principles of freedom and they - million will be thousands today tomorrow! - people who will see their rights to freedom to write ridiculed programs! The construction and the transmission of our source codes will be in danger. Aucunes faults is not needed!

If ever, in spite of that of the European companies were in danger: we will have time to create the exceptions to its principles of freedom.

Many children of this first generation of numerical started to write their first programs at the 10 years age. Some are now 40 years old and continue to do it.

The future generations will undoubtedly do that daily, like a simple dummy entry. We must consider it seriously even if the art of writing of the programs is foreign with the whole of the policies which directs us on account of the generation, as to the whole of the European people.

Even if it is about a a little foreign cause for us, it is a fundamental cause for our children, or grandchildren: for that we ask the representatives of all the nations as of now starting the preliminary works to modify the convention of safeguard of the Humans right and of fundamental Freedoms in order to integrate freedoms to be protected in "civilization from numerical".

To remove our "numerical rights" even one year would be a crime for our personal freedoms!"

The "Ronsard", the "Molière", the "Racine", the "Victor Hugo", the "Shakespeare", the "Einstein" of the programming must be able to exert their art freely and to transmit their heritage to the future generations: they should not be with the thank you of a new enquiry!

Guy-Marc Aprin, March 9, 2005