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RMS writes to Tim O'Reilly about Amazon
Anonymous writes, "RMS sent
this letter to Tim yesterday. His stand is that Amazon "fired the first shot", so they can't say they are only being defensive. The Amazon boycott stands, of course. " This is an extension of the recent Bezos-O'Reilly conversation.
I would rather function in an environment where the vast majority of incompetently assigned patents are never enforced upon an otherwise free market, rather than suffer a vast number of patents that never should have been validated in the first place be actually enforced.
A three to five year limit on software patents is ludicrous. The problem is not the timespan--the problem is the standard. One Slashdot poster mentions Unisys's patent on a basic linked list. Memepool posted the patent on (and I'm not kidding) using a laser to entertain a cat. Amazon's patent abuses are well documented.
The American software industry cannot be made to live in fear of an agency which has repeatedly argued its own infallibility in assigning patents in the face of widespread evidence to the contrary. The simple fact is that the market, not the courts should decide what providers prosper and what providers fail. Establishing monopolies out of the sheer act of provision is antithetical to everything we've learned about writing quality software, encouraging quality business, or even running a quality society.
The time allotment on a software patent is nothing more than a red herring. If somebody points a gun at me, and threatens to shoot me in the head, I am not going to try to negotiate for a less vital organ to be shot, or perhaps that the bullet could be of a lesser caliber. I'm going to fight, or I'm going to run, but I'm *not* going to stand there and agree that it's OK for me to get shot.
Accepting software patents, no matter how obvious they may be, for "not that long of a time" simply means that the jackpot for the patent claimjumpers has a quicker payoff.
This is the wrong direction to move in. Period. Remember, the status quo is that, for the most part, software patents do not exist. They are only defensively registered. Preventing the need for such a hidden tax is critical.
Yours Truly,
Dan Kaminsky
DoxPara Research
http://www.doxpara.com
And he's right. Amazon is the agreesor. He even agrees that holding software patents is a necessary evil.
O'reilly's messages were long winded marketing double-speak. You know, Amazon and O'reilly need each other. One makes the (damn good) books, the other sells 'em . They are not going to screw one of their sources or distributors too much.
RMS is right. Amazon should state that they will stop using patents as a first-strike weapon. Until then, no coder is safe out there....
RMS is right. I could quibble with his wording, but his basic point is spot-on: the political goal of substantive patent reform requires sustained pressure. A continued boycott campaign - that is, half boycott, half outreach to explain the hows and whys of the boycott - will help Amazon (not just Bezos) focused on following through.
There's no question that the ideals, methods, and social networks of the OS movement have an intense political potential. Some of that expresses itself in derivative ways, for example, by forcing businesses to reexamine their financial assumption, therefore act differently, therefore affecting employee/buyer/vendo, practices - "trickle-down" social impact. But even more important is to find ways to express those ideals, methods, and networks directly beyond the field of software.
A lot of that goes on already, but the more the merrier.