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"False" Open source Representative Tells EU Patents OK

Onno writes "Bruce Perens claims in this article That a false free software/open source advocate claims to EU parlement that software Patents are ok. " This is a strange article on a lot of levels so I'm gonna avoid commentary. You definitely should read it though- it's just that odd.

402 comments

  1. Ok.... by shish · · Score: 3, Interesting

    So we know we hate this guy and he'd never be our official representative, but who *is*? Everyone's views are different, but who is the most agreed with overall? poll?

    RMS
    Linus

    Anyone else?

    --
    I mod down anyone who says "I will be modded down for this", regardless of the rest of their comment
    1. Re:Ok.... by Anonymous Coward · · Score: 0

      RMS
      Linus


      Bill Gates? (apart from Windows, reading some of his books, he really does seem like a smart guy with lots of insight into capabilities of technology)

      Bush?

    2. Re:Ok.... by Angry+White+Guy · · Score: 3, Interesting

      That is the problem with Open Source Software. There's no command structure, no CEO, no shareholders, nobody to 'officially' speak for us.

      So the message can get muddled.

      --
      You think that I'm crazy, you should see this guy!
    3. Re:Ok.... by RobotRunAmok · · Score: 5, Funny

      So we know we hate this guy and he'd never be our official representative, but who *is*?

      Never mind "this guy," who's this "we" you are talking about?

    4. Re:Ok.... by HP-UX'er · · Score: 1

      In my opinion, that *is not* the problem. Having no command structure *is* the beauty of this 'movement'.

    5. Re:Ok.... by ichimunki · · Score: 0, Troll

      It would have helped a lot, I think, if people like Bruce Perens had worked as part of the Free Software movement instead of confusing the issues with all the talk about Open Source. Not only that, the FSF has a clearly articulated and prominent (i.e. linked from their front web page) stand against software patents. Perhaps Bruce could work with OSI to get a similarly obvious kind of thing over at opensource.org. In fact, I can't find anything about patents at all on the OSI site. So it's easy to see why this European Open Source guy would be confused.

      --
      I do not have a signature
    6. Re:Ok.... by Timesprout · · Score: 2, Insightful

      Yes but in this case it make open source look like a bunch of whining children crying wolf. Not really the impression you want to make when you trying to influence legislative bodies.

      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
    7. Re:Ok.... by gr · · Score: 4, Insightful
      So we know we hate this guy and he'd never be our official representative, but who *is*?
      Working from Perens's:
      it does not appear that he has any engagement with Open Source projects and developers, or that he brought this matter up with representative organizations such as the Free Software Foundation, the Open Source Initiative, and Software in the Public Interest.
      it would seem reasonable to say that anyone who's setting out to represent open source and Free software at large probably ought to be in touch with gnu@gnu.org, osi@opensource.org, and the individuals listed as members of the SPI board of directors here.

      But generalizing your point is scary. The implication is that supporters of open source and Free software are effectively a mob that couldn't be represented by an individual (or even a small group of individuals), and that anyone who tries will be crucified for screwing up in whatever small way they did. I don't think that's happening here (software patents are one of those things that no human individuals could possibly like but that the corporate individual absolutely adores), but, depending on the results Perens's article, it sets a disturbing standard that stepping out of the (very much unclear ) Party Line enough that some respected member of the Community points out how you stepped out is enough to kill any notoriety and usefulness you may have had politically. It's a good way for the Movement to self-destruct.

      The way around this amorphous mob problem, of course, is to have clearly-defined Leaders, which is what groups like the EFF and OSI are ostensibly trying to do, but they don't seem to be doing a wonderful job of it if /. editors refuse to state an opinion on the point and /. posters have to ask the question you did.
      --
      Do you have a /. uid shorter than five digits? No? Then piss off.
    8. Re:Ok.... by ces · · Score: 2, Insightful

      Bruce
      Alan Cox

      Any number of others who are well respected within the Open Source movement.

      Anyone from a number of companies that base their business on open source software; Mandrake, MySQL, etc.

      Preferably the representatives should be people who are citizens of the EU as that in theory would carry more weight.

      --
      Happy Fun Ball is for external use only.
    9. Re:Ok.... by stanmann · · Score: 3, Insightful

      If open source and free software proponents would write to their congressmen individually, with personal(not form) letters, 2-300 letters per senator/representative would have a much larger impact than a Special interest group representing 50,000 people.
      this very closely maps to the theory behind the Star Trek phenomenon where all the fans wrote begging to keep the show on the air, and the powers that be... assumed that for every letter written, 10 were not...

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    10. Re:Ok.... by Timesprout · · Score: 2, Insightful

      Since the US is a country that turned lobbying into a financially rewarding political art form I think a special intrest group with a $50,000 campaign donation will go a lot further than 50,000 letters. As with the trek seriers it will boild down to a commercial decision

      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
    11. Re:Ok.... by Anonymous Coward · · Score: 0

      Regarding the issue at hand - software patents - I think there is close enough to a consensus that it doesn't really matter. RMS, ESR, Bruce Perens (people who often represent free/open source software) would probably all agree, as well as Linus and other people who are primarily developers.

    12. Re:Ok.... by stanmann · · Score: 4, Insightful

      Nope, most senators cannot afford to ignore 200 letters that can represent as many as 5000 voters. Because for most Representatives and more that a few Senators, a 5000 vote swing which effects a change of 10,000 would change winning to losing. And 50,000 letters(distinct, not form) represent 50,000 people who are passionate enough to go out and vote. and 50,000 votes will swing any election....

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    13. Re:Ok.... by SEWilco · · Score: 2, Insightful

      Uh.. In this case, writing to the EU would be more relevant than writing to the U.S. Congress. How many hours are left before the "two days" expire?

    14. Re:Ok.... by Anonymous Coward · · Score: 1, Insightful

      Bill Gates?

      Being a "smart guy" is not enough credo to be anybody's representative. Hitler, Stalin, Hussein and other dictators were very smart too, as a rule, it's hard to control and manipulate people otherwise. The problem with your nomination is that a representative speaks for the masses, while a dictator seeks to control the masses. Gates is a much better fit for the "dictator" category.

    15. Re:Ok.... by jmccay · · Score: 1

      Well, I would have to say it would be more than one person. Linus only speaks up on certain things, and more often than not, he keeps his mouth shut. RMS should sometimes keep his mouth shut, but he speaks up for a lot of good things. Then there is a lot of other people who speak up for various other aspects of OS.

      --
      At the next eco-hypocrisy-meeting, count the private jets used to get to the meeting. Should be interesting to see that
    16. Re:Ok.... by Anonymous Coward · · Score: 0

      Uhhh... sorry you idiot... But mob rule is the ONLY way to drive a point to a successful end. Look at the corporations in America. It's a mod rule there, but they do it subtly. You step out of line in corporate America and you are finished. We just need to find ways of being subtle about it, that's all. To fight people who don't play fair, you have to play dirty.

    17. Re:Ok.... by stanmann · · Score: 0, Offtopic

      Texas.

      And I believe that Handgun control means sometimes having to use both hands.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    18. Re:Ok.... by Anonymous Coward · · Score: 0

      Easy, /you/ are :) , and so am I and so is everybody that is some way involved in OSS and free software. We all represent the body of thoughts that lives in these ideologies. However,some are more fit to speak about certain subjects than other, but fortunately, this "right to represent" is based on merit and craftmanship. Linus' or RMS' voice only rings because their community is behind it, we amplify these opinions we agree with (or do not if we don't agree),and we don't even have to vote for it :)

    19. Re:Ok.... by maxpublic · · Score: 1

      The strength of open source is precisely that there is no self-important fuckwit calling himself 'our' leader, nor a host of other self-important fuckwits insisting that I agree with him or 'be cast out, vile heathen!'

      Anyone who wants a command structure, CEO, or anything 'official' when it comes to open source, simply doesn't belong in open source. For them the world of Windows and other closed source OSs and apps awaits; and that's precisely where they should go.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    20. Re:Ok.... by cscx · · Score: 1, Funny

      And if anyone should speak for the open source community, it sure as hell shouldn't be Bruce Perens... well if for no other good reason than me somehow being one of two of his Slashdot "foes." I still for the life of me can't figure out what I did... I know I didn't push his grandfather down a flight of stairs, etc... but I'm still thinking.

    21. Re:Ok.... by Bruce+Perens · · Score: 2, Funny
      OK, I have cleared the foes list. It was some comment a while ago that must have convinced me you didn't have anything to contribute. Try again.

      Bruce

    22. Re:Ok.... by TKinias · · Score: 1

      scripsit ces:

      Preferably the representatives should be people who are citizens of the EU as that in theory would carry more weight.

      Like, um, let's see... Oh wait, this is a stretch, but: Linus?

      --
      In principio creauit Linus Linucem.
    23. Re:Ok.... by Angry+White+Guy · · Score: 3, Interesting

      I seem to have misconstrued myself a bit in my post.
      I am not advocating any one official channel for the open source community. I am stating that any time you have a disorganized (for lack of a better term) command structure, you are going to have incidents like this. We, as the open source community can understand these outbursts. We are all trying to make a better product, a better community, a better life. Sometimes one of us will get out of line. Hell, I've shot off my mouth so many times I'm suprised that nobody has shivved me yet. This is tolerable within the community. It is when it leaks out into the corporate world that it becomes a problem. Because we have no real structure to to follow, it is easy for someone to be labelled the spokesperson for us all, and the corporate world will take notice. Open Source is a faceless beast, and when one person steps up to be counted, he can become labelled as the leader.

      I do not want a CEO of OSS. I think that everything has been kept in balance within the community. The righeous indignation has been kept in check by the level-headed opposition, and we have essentially elected our own board in the recognizable names which essentially head development, awareness and policing of our community. We just have to be careful because 'they' do not understand 'us'. They want a similar command structure to what they have. They want names, leaders, faces to bargain and deal with.

      And for the record, Alan Cox has consistantly acted in my best interests, with what I believe is reason and good judgement. He has acted in the manner that I believe I should. Even though he has his flaws, they are far outstripped by his actions. That is the mark of a good leader. That is why I mentioned him (That and he does have a kick-ass beard) Should it come down to a fight, I know where my allegiances lie.

      --
      You think that I'm crazy, you should see this guy!
    24. Re:Ok.... by ichimunki · · Score: 2, Informative

      Someone tell me what is "trolling" in this post:

      It would have helped a lot, I think, if people like Bruce Perens had worked as part of the Free Software movement instead of confusing the issues with all the talk about Open Source. Not only that, the FSF has a clearly articulated and prominent (i.e. linked from their front web page) stand against software patents. Perhaps Bruce could work with OSI to get a similarly obvious kind of thing over at opensource.org. In fact, I can't find anything about patents at all on the OSI site. So it's easy to see why this European Open Source guy would be confused.

      Otherwise, I guess it's okay to bash RMS all day long, but question the OSI or Bruce Perens (respectfully I might add-- I never once called him a "sell out" or anything like that, but people regularly get modded up for calling RMS a dirty hippy) and I'm a troll?

      Or does the OSI have a clearly articulated, readily available stance on software patents and I'm completely stupid and missed it? Well?

      --
      I do not have a signature
    25. Re:Ok.... by ces · · Score: 1

      Like, um, let's see... Oh wait, this is a stretch, but: Linus?

      Well he would be ideal, but I think he has refused to be any sort of general open source advocate. Of course he could speak on how software patents would be bad for the Linux kernel.

      --
      Happy Fun Ball is for external use only.
    26. Re:Ok.... by MillionthMonkey · · Score: 1

      It would be nice if Slashcode simply kept track of the number of the post attributable to a change in friend/foe status (when one is, from a user clicking on the little sphere that appears above a post). Without any context, the friend/foe system really isn't that interesting. I have no idea what so-and-so said to make them my friend.
      I have lots of fans, some friends, some foes, and a few freaks, and I don't know why any of them are there.

    27. Re:Ok.... by Xtifr · · Score: 2, Informative

      Someone tell me what is "trolling" in this post:

      Looks more like grotesque ignorance than trolling, but slashdot doesn't have a "grotesquely ignorant" mod. :)

      It would have helped a lot, I think, if people like Bruce Perens had worked as part of the Free Software movement instead of confusing the issues with all the talk about Open Source.

      Since Bruce has been writing Free Software since before the label "Open Source" existed, and was involved with the Debian project back when they were strongly affiliated with the FSF, and is considered the primary author of the Debian Free Software Guidelines, and is a former Debian Project Leader, and is currently on the board of directors of Software in the Public Interest, the parent organization for the Debian Project, and since Bruce has resigned from the OSI (which was really ESR's baby) over philosophical differences, I think it's a little unreasonable to criticize him for the OSI's failings.

    28. Re:Ok.... by Cro+Magnon · · Score: 1

      I agree! I got off of someone's "friend" list awhile back and I can only guess why.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    29. Re:Ok.... by ichimunki · · Score: 1

      You're right, of course. So why should Mr. Perens continue to worry about "open source" rather than "free software"? This article talks at length, not about Free Software, but Open Source. And if there is no real difference between the two, why persist in using the more recent term "open source" at all?

      --
      I do not have a signature
    30. Re:Ok.... by Nucleon500 · · Score: 1

      I'd wager that any OSS person whose name you've heard of agrees on the software patent issue.

    31. Re:Ok.... by Anonymous Coward · · Score: 0
      Hitler, Stalin, Hussein and other dictators were very smart too, as a rule, it's hard to control and manipulate people otherwise.

      I disagree.

      You can't tell me George W is very smart but still, he succeeds in controlling and manipulating :-P

    32. Re:Ok.... by bigchris · · Score: 1

      Yes, but Star Trek is high on a legislators radar, open source software writers are not.

      What do I mean by this? Your average legislator (or even man on the street) knows about Star Trek. How many people know what Open Source software is? not many people know how programs run anyway!

      Thus this is low on legislators radar. Not a good situation, but I feel it's reality.

    33. Re:Ok.... by Tijger_noot · · Score: 0

      The EU will listen to anyone with a vested interest on any given matter, whether he represents OSS as a whole is irrelevant.

  2. Eh? by thomanil · · Score: 0

    ACk. It's not just the article that's strange. I'm just not able to parse this sentence: "Bruce Perens claims in this article That a false free software/open source advocate claims to EU parlement that software Patents are ok. "

    1. Re:Eh? by Anonymous Coward · · Score: 0

      You are obviously mentally deficient:

      "Bruce Perens claims in this article
      Bruce Perens wrote this article and makes a specific claim regarding a claim made by another person.

      That a false free software/open source advocate claims
      There is a guy who purports to being a Free Software/Open source advocate. He is the one making the claim that Bruce is making the claim about.

      to EU parlement that software Patents are ok."
      The guy who Bruce Perens is making the claim about is making a claim to the EU parliment that software patents are OK.

      Simple enough for you p-brane?
      Get a brain moran.

    2. Re:Eh? by Tomble · · Score: 1
      Get a brain moran
      Brian Moran? Who he?

      Oh, wait a sec, I know who you mean:

      Brian Moran, chairman of the "Friends Of Microsoft Society", made an announcement to the EU this week:
      "Although Microsoft have never heard of us, we at the Friends Of Microsoft Society are in a position to speak for Microsoft and all its partners. As such, we can state that if Microsoft were to be made to give away all their products for free and have all the company directors thrown in prison, it would not be harmful to Microsoft in the slightest and in fact would be beneficial to them, so you should do this."

      --
      Be careful! New moon tonight.
  3. Bruce's article, in case of slashdotting by Adam+J.+Richter · · Score: 2, Informative
    [I've edited the HTML tags slightly to accomodate slashdot filters. Otherwise, this is Bruce's article unmodified.--Adam]

    You may re-publish this message or excerpts of it.

    FALSE OPEN SOURCE REPRESENTATIVE CALLS FOR EUROPEAN SOFTWARE PATENTS

    A false or misled "open source representative" has signed an industry resolution calling for the EU to allow software patenting, which has been sent to members of the European Parliament. Copies of the resolution are here and here . The European Legal Affairs Committee holds a plenary vote on software patenting this Wednesday, and may have been influenced by the false representation.

    Graham Taylor is director of Open Forum Europe, an organization that is purported to work for broader acceptance of Open Source. Taylor has appeared at various trade shows in Europe, saying reasoanble things about Open Source, for the past year. Open Forum Europe is a division of IT Forum Foundation and InterForum. InterForum's membership includes a number of large companies that have a vested interest in the promotion of software patenting in Europe. Mr. Taylor's sponsor organization is well connected with the EU government.

    I would encourage Mr. Taylor to evangelize Open Source software, something he's done successfully for a while. However, he does not have the credentials to represent the Linux, Open Source and Free Software developer communities, especially when he contradicts our extremely strong opposition to software patenting. While Mr. Taylor has been visible as a public speaker, it does not appear that he has any engagement with Open Source projects and developers, or that he brought this matter up with representative organizations such as the Free Software Foundation, the Open Source Initiative, and Software in the Public Interest. No legitimate Open Source representative would think of taking this sort of position with government without first holding a public consultation with the developer community.

    Software patents could be fatal for Open Source software in the U.S. and Europe. Since we do not collect royalties from the distribution of our own software, we have no funds to pay royalties to patent holders. Rather than sue us to collect money, expect patent holders to sue Open Source developers to restrain them from distributing their software or carrying out further development. Companies that produce proprietary software would bring that sort of suit to kill us off as a competitor.

    While we can sometimes work around a patented algorithm that we know about, the Open Source developer is not able to defend himself from patent infringement claims, even invalid ones. In the U.S., the cost of a patent infringement defense often exceeds US$500,000. The Open Source developer, an individual working on his own time, won't have the funds to defend himself. He will be compelled to settle with his accuser, regardless of the merits of the case, in order to preserve what assets the plaintiff deigns to leave him. The copyrights of his own software won't be among those assets.

    We are especially threatened by royalty-bearing software patents that are embedded in industry standards. In many cases, it is impossible to achieve compliance with a standard without infringing upon the patented algorithms that are specified by that standard. Standard compliance is critical for interoperability, and thus software patents in standards can make an un-communicating island of a Linux system. For example, the IEEE 1488 FireWire standard is encumbered by patents that apply to the software interfacing to it, and a patent r

  4. Now that's odd... by davemabe · · Score: 5, Funny

    It must really be an odd article if we should actually read the article before posting a reply.

    1. Re:Now that's odd... by Anonymous Coward · · Score: 0

      Yeah, and obviously you didnt read it to post that.

  5. Typo by Bruce+Perens · · Score: 4, Informative

    IEEE 1488 should be 1394.

    1. Re:Typo by kubrick · · Score: 1

      I spotted "reasoanble" as well, in the second paragraph. I should probably stop programming and take up life as a subeditor somewhere.

      --
      deus does not exist but if he does
  6. Elected role? by jocks · · Score: 1

    So who can we rely upon to represent us? There is division over the whole spectrum of open source, for example Linus Torvalds wants to incoroporate DRM, yet many others don't.

    To my mind the solution to this is to elect a council of representatives which will be empowered to act on behalf of the community. I nominate Guy Kewney to represent a sane point of view.

    1. Re:Elected role? by samhalliday · · Score: 3, Informative

      Linus Torvalds wants to incoroporate DRM, yet many others don't.

      actually, you have taken it a little out of context... linus wants to code the ability for end users and distros to use DRM in the kernel; which may be a good thing for security (opposed to M$ reasons for DRM). he is not 'enabling' it. if i build a kernel, i can most certainly turn it off, and even if i run a DRM'ed redhat distro, i can STILL recompile and turn it off. in fact, i wont even need to turn it off, since off will be the default.

      as to who is a representative, well we need more than one... RMS is willing, linus is not, and there are more movements than just GNU... open source groups also have head honchos and commities, and it is their job to sort it out.

      the reason why these organisations (eg GNU, OSI) were set up was to allow them to take care of political and legal stuff in the big picture. if someone is really a part of the community, they will just keep coding and let those guys sort it out...

    2. Re:Elected role? by Angry+White+Guy · · Score: 4, Insightful

      Actually, I'd rather have Alan Cox rather than Richard Stallman representing me anyday.

      He doesn't seem to be as blinded by ideals as RMS is. Plus Alan's got a better beard.

      --
      You think that I'm crazy, you should see this guy!
    3. Re:Elected role? by jocks · · Score: 1

      [I don't wish to discuss DRM in this forum]

      I agreet that we need more than one representative, I also think that we have to be careful and make sure that the representatives cross political boundaries i.e. the Iraqi OS representative is just as valid as the USA's and their input should be de-politicised. Are there any models for this type of structure? Medicine perhaps?

    4. Re:Elected role? by oever · · Score: 2, Informative
      But Linus Torvald is opposed to software patents:

      Linus Torvalds:
      That's a real can of worms. Patents, especially software patents, are the worst thing that can happen to freely available software. It's just too dangerous to let people do patents on something that is fundamental research, in many cases, or patent a series of numbers like you mentioned. It does not make sense, and it's sad that it's allowed, and it's a real problem.

      The only real solution is to

      Hope that the patent expires which takes a long time or
      That you create something that is obviously better and patent-free.
      And by being patent free you find others who are willing to support your sales [?] and just make sure that maybe Pantone ® will be there in five years time, but there will be something else too. I'm sorry, there's not much you can do unless you want to spend a lot of money on trying to convince politicians to make certain things illegal.

      --
      DNA is the ultimate spaghetti code.
    5. Re:Elected role? by ichimunki · · Score: 1

      Alan Cox less blinded by ideals than RMS? I personally don't think censoring parts of the Linux changelog to make a political statement bear out that assertion. But the point isn't to have a single leader, it's to have an organization with properly selected spokepersons. Personally I'd prefer seeing someone like Bradley Kuhn from the FSF do the public representation.

      And when it comes down to it, it's actually good to have more than a few people show up to these things representing various organizations. So it would be better to also get the Tim O'Reillys and the someones from Red Hat and maybe the guys from Lindows-- assuming they are also opposed to software patents-- to show up (just to name a few obvious examples, others that would be good to find would be a professor or two, or a scientist, or some non-software business exec whose business benefits from Free Software). Then it would be clearer that there is a broad base of opposition to this.

      --
      I do not have a signature
    6. Re:Elected role? by Anonymous Coward · · Score: 0

      Since when is not doing something illegal "making a political statement"?

    7. Re:Elected role? by Angry+White+Guy · · Score: 1

      That's part of the GNU/Linux changelog!

      Your Honour, I rest my case.

      --
      You think that I'm crazy, you should see this guy!
    8. Re:Elected role? by Anonymous Coward · · Score: 0
      Since when is not doing something illegal "making a political statement"?

      Since the time that someone decided that one isn't making a political statement unless one is being a public nuisance, a vandal, or attempting to murder someone who has a uniform. Or complaining about those people being treated according to the law.

      They're trying to follow Ghandi, but forget that he was willing to accept being arrested.

    9. Re:Elected role? by rifter · · Score: 1

      Since when is not doing something illegal "making a political statement"?

      No one but Alan Cox has said publishing what would have been in the changelog was illegal. The DMCA does not really apply nearly so broadly as some seem to be trying to claim.

      I think it is good to be vigilant about laws which affect freedom, but I have noticed a very bad trend such that every law which comes down the pike seems to be interpreted far more broadly and with far more impact by free software advocates than it has been (or ever would be) by the most overzealous corporate lawyer (or any judge). To me, it would seem we are putting weapons in the hands of our enemies that might not have been there. At best, it weakens our case when we try to protest the true impact of some of these laws when we continually cry wolf on them and make claims that lawmakers and judges do not find credible.

    10. Re:Elected role? by Anonymous Coward · · Score: 1, Insightful

      How in the hell do you think you know what any particular judge will find credible. You, buddy, are one big headed motherfucker if you can predict court decisions. And not only do you know what the judges think, but you've got a pipeline to the prosecutors as well. Gosh, why don't you put us all at ease with your beautiful fucking insights so we don't have to go around being all paranoid.
      You are probably violating laws every day as are the majority of Americans. The US imprisons a higher percentage of its population that frickin Albania. How the hell do you know when and how the enforcement gets played out? Tell us oh Mr. clued in. We're all dying to know.
      Wipe that fucking smile off your face. You're an asshole.

    11. Re:Elected role? by ichimunki · · Score: 1

      Um, in this case, you're off base. This was clearly the Linux kernel changelog and RMS has never insisted that the kernel be called GNU anything, except in those cases where the kernel is a GNU project, like HURD.

      --
      I do not have a signature
    12. Re:Elected role? by Angry+White+Guy · · Score: 1

      In this case, I'm making a non-witty observation on something that has already been commented to death on in a feeble attempt at humor. Although on reflection, We'll just say that I was mistaken.

      --
      You think that I'm crazy, you should see this guy!
    13. Re:Elected role? by ichimunki · · Score: 1

      Oh sheesh. Now I feel like an overly zealous prick. I knew you were being funny and I should've left it alone. :)

      And since Cox actually lives in Europe, in this case he probably would be the better choice between the two.

      --
      I do not have a signature
    14. Re:Elected role? by rifter · · Score: 2, Funny

      And since Cox actually lives in Europe, in this case he probably would be the better choice between the two.

      Has the UK joined the EU yet, though? Last I heard there was some wrangling over details...

    15. Re:Elected role? by rifter · · Score: 1

      If it were the opinion of the prosecutors these things were illegal, don't you think there would be more cases than there are now? If there were a lawyer who felt these actions were worthy of suits, don't you think they'd be filing them? BUt that is not what is happening.

      I am not just pulling legal opinions out of my ass, I am drawing upon the manifest evidence. And even a layperson should be able to understand the DMCA does not prevent people publishing information about the security in their own programs, which is what Alan Cox was essentially doing. He thought publishing information about patches for security holes in the Linux kernel would violate the DMCA, whereas not one lawyer has stepped forward to validate that claim, and the only cases involving the DMCA are exactly those for which it was created: cases in which someone has cracked the encryption protecting copyrighted material in some fashion and been prosecuted.

  7. Software Patents by stanmann · · Score: 4, Interesting

    I understand that abusive software patents like One click shopping or adding 1+1=10, But for non-trivial items ... gif ie LZW compression algorithm, 7-14 years of protection is reasonable. So while Bruce Perens opposes patents on principle, obviously there is a sector of the open source movement that does not. Fortunately... or not... if you ask 4 open source advocates or community members what open source stands for you will get at least 6 answers. That is the strength of open source and free software.

    --
    Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    1. Re:Software Patents by gearheadsmp · · Score: 0, Offtopic

      Don't forget to add, Beware the man who says,"Trust me." to your .sig ;)

    2. Re:Software Patents by gonvaled · · Score: 4, Insightful

      7 to 14 years of protection means that Free Software projects cease to exist, because they are technologically far behind - or they have to pay license fees, which is impossible. This is the only way Free Software can be stopped, and it is the way proprietary software companies are going.

    3. Re:Software Patents by Bruce+Perens · · Score: 3, Insightful
      So, you want Mozilla to be unable to display GIFs for 7 to 14 years? Of course the Welch patent is older than that, but consider if all Open Source software was prohibited from using algorithms that have been patented within 14 years. Who is going to be running free software if that's the case?

      Bruce

    4. Re:Software Patents by stanmann · · Score: 2, Insightful

      Make something better. Some of us still have to work for a living. I respect those like Knuth who chose to release effective algorithms into the wild and are still able to put food on the table, clothes on their backs, and roof over head. But everyone can't go into teaching.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    5. Re:Software Patents by UberLord · · Score: 4, Informative

      You picked a bad argument there Bruce.
      Mozilla or any other OSS program is able to display GIF's - what they cannot do is create GIF's without a license.

      But I still agree that software patents are a bad idea.

    6. Re:Software Patents by Bruce+Perens · · Score: 3, Informative
      I work for a living too. The folks at Unisys that assert the Welch patent are the ones who should be doing useful work instead of gumming up the software industry.

      The nature of technical innovation is that ideas are built on top of other ideas. Progress is incremental and relies on previous discoveries. Software patenting prevents this.

    7. Re:Software Patents by Bruce+Perens · · Score: 3, Informative
      Unisys has attempted to assert their patent on readers. If you had to prove in court that they should not do so, you'd go broke first.

      Bruce

    8. Re:Software Patents by dirk · · Score: 3, Interesting

      While it is true that technical innovation are built on top of other ideas, the driving force behind many technical innovations (as well as most other things on earth) is money. Having a limited monopoly on a creation encourages people and organization to invest more into R&D, because they realise they will have the opportunity to make back that money. There would be nothing stopping people from releasing their discoveries and patents to be used freely if they so which. There would be nothing stopping OSS from using patents that are either free, or paying to use other peoples discoveries. But it would also encourage more research, as a company would know it has 5 years (or however long it would be) to make their money back. Very few people/organizations can sink millions of dollars into research the "next big thing" with the expectation they will receive nothing in return.

      Software patents should be run similar to drug patents. I short, set amount of time that the inventor controls the product, then it is fair game for anyone to copy.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    9. Re:Software Patents by Enry · · Score: 2, Insightful

      The patents cover the LZW compression algorithm, not the GIF file spec itself. Thus, there are other ways to make GIF files that do not use LZW.

      Let's face it. We're already in a world where there are software patents, and much like the Internet, Open Source (Free Software) has found a way to block it off, and route around it. We have PNGs and JPGs, OGG Vorbis and Theora.

      What we really need to be worried about are patents that try to cover more than what they should. For example, a patent that covers any form of video compression.

    10. Re:Software Patents by mukund · · Score: 2, Interesting

      I support your view that Mr. Taylor shouldn't have delivered his opinion without consulting recognized free and open source software bodies.

      I do not support your view on generally opening up patents for public use, or the way you say Mozilla can't display GIF due to the Terry Welch patent. This is frankly cause I can't make up my own mind on the question of patents. Reasonable patents are valid IP. If Mozilla cannot license them or defend its use, it should stop using them and perhaps drop support for GIF. People will either adopt this decision and stop using GIF, or reject it and stay with a popular browser which supports GIF. A lot of people like me, who do not have a choice will use Mozilla, and avoid using GIF on our websites.

      This is similar to copyrights in certain ways. The author of said IP decides and controls what is reasonable and what is unreasonable for use of such IP. An intelligent algorithm like LZW takes clever minds nurtured over a lifetime to create. It is an invention and if the author wants compensation for it, that is reasonable. Doesn't the FSF raise a cry when companies steal free software and close it? It works only because copyright works. The GNU GPL itself wouldn't work but for copyright law.

      We do not live in a communist society. Reasonable IP which is registered as patent is done so because the author of such IP wants his work protected against commercial gain. Commercial is a two-sided coin. If Mozilla affects Opera Software's business, then of course it is a commercial player, regardless of whether it is free software or not.

      Please do not misunderstand my views. I support free software and have contributed code to various popular projects. I do have to do closed source non-free work as well. I do not support IP to be distributed freely unless the author of such IP decides to do so.

      --
      Banu
    11. Re:Software Patents by stanmann · · Score: 1

      Yes, they chose to protect their patent even on readers. However, in their statement on the matter they state plainly that there are circumstances under which they will GIVE without charge FREE a license. Unisys

      Now, I haven't called them up, but I'm not a "open source representative" I don't even speak for myself some days. BUT perhaps if someone would e-mail or fax them for a more clear explaination.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    12. Re:Software Patents by Bruce+Perens · · Score: 2, Informative
      What about patents that are embedded in standards? Work around the patent and you're no longer interoperable.

      Bruce

    13. Re:Software Patents by Bruce+Perens · · Score: 4, Insightful
      It would work the way you say in an ideal world. What we have instead is a telephone company enforcing its patent upon the operator of any web site that uses frames. Said telephone company did not invent frames, and its patent was trivial and should not have been allowed. Dynamic content embedded in static content. What an invention!

      Bruce

    14. Re:Software Patents by blonde+rser · · Score: 0, Flamebait

      So, you want Mozilla to be unable to display GIFs for 7 to 14 years?

      Considering how slow mozilla runs is that really that much worse than normal operation?

    15. Re:Software Patents by Enry · · Score: 2, Interesting

      Now you're nitpicking. What if my head turns into a block of gouda?

      The standards change. Look at what happened when Unisys did pull their stunt with LZW. PNG and JPG suddenly became the 'in' thing, and there was a big public backlash. Enough so that Unisys pretty much backed down. I don't use GIFs for my graphics and it doesn't bother me in the least.

      For patents covering standards that are already in place (say someone patents hyperlinks?), then it's up to the standards body or some other organization to defend itself against the patent.

    16. Re:Software Patents by Bruce+Perens · · Score: 1
      This patent is going to expire anyway, and one can already claim for partial relief in the US because of a law passed when they increased the patent term from the old 17 years. All of that means GIF is not the best example we have, but I didn't choose it as an example.

      Bruce

    17. Re:Software Patents by Bruce+Perens · · Score: 3, Funny
      Yes, I will count on someone else, like the standards organization, ponying up the $500,000 for my defense. The problem with this is that lots of SMEs (small and medium sized enterprises) and open source developers are injured before the case is won.

      GIFs could be replaced. Not all algorithms can. And your head is already a block of gouda :-)

      Bruce

    18. Re:Software Patents by Anonymous Coward · · Score: 0

      "And your head is already a block of gouda :-)"

      That's exactly what I told him while he was typing that....

    19. Re:Software Patents by Asmodai · · Score: 1

      Quite right,

      I was already happy that Europe at least applied more thought into the allowing of patents than the American bureau.

      Of course, patents are needed for companies to survive. But the patents, like lawsuits, are now reaching parasite-like proportions and it is obvious this method is failing hard. Especially with more and more governments going the open source route! Take Germany or Brasil for example, if my recollection is still accurate.

      Also, most of these innovations are in the public good. The thing is, how do you get people to see the bigger beneficial picture over common petty interests such as money.

      Same as with the fact the KDE guys allowed the Iranian people to contribute their Farsi changes. You'd almost get the idea of the idea that some people are more equal than others, merely because they can fork over the money to pay for the lawyers in any lawsuits, rightfully or wrongly.

      --
      Jeroen Ruigrok/Asmodai
    20. Re:Software Patents by royalblue_tom · · Score: 5, Insightful

      The trouble is, where is the line drawn between "obvious" patents, and new "inventions". The patent office has been notoriously bad in deciding these.

      > There would be nothing stopping ...

      Yes, there is. A patent these days is not considered a mechanism to earn your money back. It's considered a license to print money by gouging the market. For every individual who gets his patent in, the corporations will patent hundreds of blindingly obvious algorithms, if only to counter other patents. And corporations aquire rights in buy outs (cough! SCO cough!).

      Remember, a patent is not a copyright. It's not protecting that exact implementation - it even prevents you doing the same thing another way. People already have copyright protection for their software.

      Try writing software if someone got a patent for all the design patterns. Or for auto code generation. They don't really have to fight it in court because you personally probably couldn't afford the first round defending yourself (all the prior art not withstanding). And they know it. Some of these cases run to millions.

      IANAL

    21. Re:Software Patents by stanmann · · Score: 1
      GIFs could be replaced. Not all algorithms can. And your head is already a block of gouda :-)
      That is the most ridiculous statement I have ever read. There is no algorithm that cannot be replaced.
      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    22. Re:Software Patents by stanmann · · Score: 1

      You are right, I chose it. Now, if you have a good, or even a better example, let's discuss that. And let's keep the discussion to what has happened, not what could happen.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    23. Re:Software Patents by KjetilK · · Score: 1
      Being the devil's advocate for a moment: If we found a way to provide a micropayment-style cashflow from end-users to patent holder, would it be OK?

      Anybody could implement, but each implementation would have to contain code to keep micropayments going from end-user to the patent holder.

      Then, it could be argued, it is our problem to implement things like that, not the patent system.

      Again, I'm a devil's advocate now, but I think there are those who think like this.

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
    24. Re:Software Patents by harriet+nyborg · · Score: 1
      Bruce Perens, your slip is showing.....

      This is the dirty little secret about Open Source.

      By taking such a clear and unequivocal position against the incorporated of patented inventions, Open Source excludes itself from large areas of technology.

      But this makes Open Source the red-hatted (pun intended) step child that never has new clothes and has to make due with hand-me-downs.

      In order to avoid this fate, the Open Source community (or at least some vocal advocates) have taken up the flag against "software patents" - which is nothing more than a campaign to gain free access to technology which otherwise would not be free.

      I think Open Source is a wonderful idea - building an operating system on technology which is in the public domain has countless merits.

      But trying to make Open Source something that it is not - that is trying to make it compete on equal terms with proprietary software like MS Windows misses the whole fucking point.

      If Open Source developers don't want to use patented inventions - don't use them.

      "But then Mozilla would be unable to display a GIF." Boo hoo. You want to be patent free, then BE patent free. Use something else in the public domain. Keep Open Source open by the design choices you make and not by political lobbying which diminishes the rights others enjoy.

    25. Re:Software Patents by k98sven · · Score: 1

      As a sidenote: The Welch patent expires next month! (the 20th of June) GIFs will soon be free!

      (Well, with the exception of the UK, France, Germany, Italy, where it expires 27 dec 2004, as well as Japan, don't know when that one is due..)

      It may be interesting to see what happens.. you might end up with a funny situation like when the encryption-export restrictions caused browser makers to have one version for the US and one foreign version.. which of course didn't stop people outside the US from using the strong-encryption version.

    26. Re:Software Patents by iplayfast · · Score: 3, Insightful

      Not only that but it takes time. PNG still isn't as popular as gifs, even though it's better. The reason is that GIF's are already present, so PNG must not only become popular, they must also displace something which is popular.

    27. Re:Software Patents by iplayfast · · Score: 1

      The problem is that the whole idea of software patents is bad. Software is math. Did you know that creating a cursor on the screen by xoring the current value on the screen with a 0xff is a patent.

      Xor is one of the most basic logic operations there are, but it's patented.

      So to answer your question, (IMHO) No micropayments would not be a viable answer.

    28. Re:Software Patents by Anonymous Coward · · Score: 0

      I work for a living too

      Flamebait:
      You do ? Oh I never realized that, I thought you managed to con companies out of hard-earned money to shout your mouth off. That's certainly what it looked like while you were at HP.

      Get back to earth Bruce. Why is this guy less of a representative of the Open Source community than you think you are ?

      I don't necessarily like software patents (too many obvious things get through). However, given more stringent filters, why would we be denying software engineers what other inventive types can get (yes, I am an _engineer_, I even have an official paper that certifies it) ?

      Because pennyless univ. students and MIT-sponsored communists wouldn't be able to copy the invention right away ?

    29. Re:Software Patents by Bruce+Perens · · Score: 5, Insightful
      What could happen is bad enough that I don't understand why you would not want to talk about it.
      There's this guy with a gun outside of my door, officer.
      Has he shot you yet?
      No.
      Then why do you think he will shoot you? I don't see why we should do anything about it.

      Well, it sounds as if we lost the TUX2 phase-tree filesystem, something very innovative, because its author was intimidated by a patent holder. We couldn't use public key encryption in free software for a long time. There is a NeXT patent that is keeping us from putting instant-test in our GUI construction programs. I could go on.

      Bruce

    30. Re:Software Patents by B1 · · Score: 2, Insightful

      That is the most ridiculous statement I have ever read. There is no algorithm that cannot be replaced.

      The problem isn't abstract algorithms. If somebody patented the quicksort, for example, you could switch to a different sorting method and move on. Similarly, you could use another compression technique in order to avoid the LZW patent if you like.

      The problem is in interoperability with legacy data and systems having a significant installed base. Sometimes, the only way to work with another system is by implementing a protocol that's covered by a patent. The patent may not simply describe a possible approach to implementing the protocol--it could describe the specification of the protocol itself, which would therefore cover any implementation. How do you avoid these patents, if you need to communicate with such a device?

      In the case of an already existing LZW-encoded GIF, how exactly are you going to avoid the Unisys LZW patent? When working with JPEG images, how are you going to avoid Forgent's patent portfolio?

      Or are you just going to count on their corporate generosity? Will every patent holder be so generous?

    31. Re:Software Patents by Bruce+Perens · · Score: 1, Insightful
      I think you are confusing software with mathematics. There are an infinite number of ways to write software. There are a limited number of ways to find a mathematical solution, or to perform a particular logical operation. You can write a program differently, but you can not necessarily bypass an algorithm.

      The problem is even worse when the algorithm is embedded in a standard, a file format or intercommunication format. Bypass the algorithm and you're incompatible.

      Bruce

    32. Re:Software Patents by stanmann · · Score: 1

      OK, legacy data. I'll avoid patent problems the same way I avoid patent problems with LZW. If it truly is legacy, then any patents will have expired. Solving the problem.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    33. Re:Software Patents by stanmann · · Score: 1

      Ok, Great.
      IF it violates patent
      THEN it isn't Innovative

      IF available public key encryption patented
      THEN develop innovative public key protocol
      ELSE pay for use

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    34. Re:Software Patents by Enry · · Score: 1

      So what you're saying is software patents aren't bad, but mathematical patents are?

    35. Re:Software Patents by stanmann · · Score: 1

      Then DON'T USE THE STANDARD.

      INNOVATE!!!

      SET THE STANDARD...

      There are as many different ways to sort data, encrypt data, compress data(lossy or lossless), or do any other task computationally as there are programmers. The problem is not code re-use, the problem is the inability to think outside the box, and develop a new way.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    36. Re:Software Patents by greenrd · · Score: 1
      By taking such a clear and unequivocal position against the incorporated of patented inventions, Open Source excludes itself from large areas of technology.

      Actually, the situation is not so clear cut. Technically, the GPL allows patents on covered software, as long as the patent is licensed for free use to all. (But of course, if that condition is followed, the patent then becomes just a piece of evidence of prior art, rather than effective intellectual property.) The BSD and Apache licenses don't say anything about patents at all. And most graphical open source web browsers support GIF even though it's patent-encumbered. So you appear to be misrepresenting the position of Open Source vs patents.

      However, there is, as you point out, a very strong contingent in the open source movement who want to abolish (or at least bring some sense into) software patents in the legal system.

      Keep Open Source open by the design choices you make and not by political lobbying which diminishes the rights others enjoy.

      Please give me a rational argument for why Amazon.com should have a monopoly right over their so-called "invention", "one-click shopping".

      Do you deny that the patent system as regards software in the US is vastly overbroad, needs reform and should not be copied in the EU?

      (Speaking of which, technically the EU lobbying is not diminishing anyone's rights. In the EU no-one has an absolute right to software patents or business method patents, even if it is judged "non-obvious", etc.)

    37. Re:Software Patents by dirk · · Score: 1

      I agree that there are many problems with the patents that the patent office grants. They often grant patents on things that are obviously trivial and/or have prior art, and often people and corps try to use the patent wrongly to gouge money from people. But that is a problem in the patent office that should be addressed there. You should not throw out the concept of patents because the current patent office is operating incorrectly. You should work to correct the way the patent office is operating.

      Do not throw away a good concept because it is currently being administered badly. That would be like discontinuing healthcare because you feel the doctors and hospitals are operating incorrectly. Work to solve the actual problem, which is the patent office, not to stop the workable and useful concept behind the entire idea.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    38. Re:Software Patents by B1 · · Score: 1

      OK, legacy data. I'll avoid patent problems the same way I avoid patent problems with LZW. If it truly is legacy, then any patents will have expired. Solving the problem.

      Legacy doesn't always mean old or obsolete. Legacy means anything that already exists, which you will therefore need to work with.

      Web pages are legacy data, even if they were made yesterday. If you want to write a web browser that can properly display frames, how long do you want to wait before SBC's patent on frames expires?

      17 years is a L-O-N-G time.

    39. Re:Software Patents by wurp · · Score: 2, Informative

      No, the problem is BEING ABLE TO INTEROPERATE with other computer users.

      Now, can we stop shouting?

    40. Re:Software Patents by photon317 · · Score: 1


      IF it violates a patent
      THEN it could still be innovative, because patents are being granted to very broad situations in which a lot of future innovation still exists.

      IF someone patented addition
      THEN would you come up with an alternative innovative way to do you math instead? What if someone patented modulo arithmetic operations on some prime numbers, which happen to be one of very few feasible public key methods mathematicians have discovered?

      There's a basic discovery vs invention argument in there somewhere. If you invent a mathematical algorithm with some very unique properties, have you not just discovered an area of math that was inherent in the system, that someone else would have stumbled upon eventually? Think of all the examples of simultaneous inventions on opposite sides of the globe in history - when the timing is right in history and the groundwork has been laid out, the next steps can and will be discovered by multiple people. What on this planet gives you an inalienable right to charge people money because you think you saw it first?

      --
      11*43+456^2
    41. Re:Software Patents by Anonymous Coward · · Score: 0

      Have you considered the ramifications of your philosophy when applied to other fields ?

      Mathematicians patenting algorithms. Physicists patenting predictive theories. Perhaps most controversially (and we are about there now), doctors patenting operations and procedures.

      Happily, the Caesarean section is long out-of-patent :) :)

    42. Re:Software Patents by wurp · · Score: 1
      Uh huh, and the fact that
      • patents were created for instructions on how to construct a device, and not software
      • software patents give patent holders the power to control who can make programs that are actually usable (by disallowing interoperability)
      • the whole concept of intellectual property is supposed to be a bargain made by the public to encourage innovation. Monopoly is not a right of IP holders.

      don't come into play at all, right?

      If a law is bad, campaign against it. That's what Bruce is suggesting. Legal != good. It's our obligation to try to make the law promote the good.

    43. Re:Software Patents by stanmann · · Score: 1

      For Addition. Prior art.

      For new innovations in large number theory, 20 years is more than fair. People have been working on Fermat for 300+ years. Is it inherent in the system. YUP. Is it common sense obvious. Well at first glance. was it non-trivial.. OH YEAH.
      Nothing gives me an inalienable right to charge money for anything. However, nothing requires me to share either.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    44. Re:Software Patents by rifter · · Score: 1

      IF available public key encryption patented
      THEN develop innovative public key protocol
      ELSE pay for use


      This does not work if public key encryption is in itself patented. There are any number of software patents which essentially cover an entire area of technology. Then there is the problem of patents which prevent interoperability, like the 1394 patent Bruce mentioned.

      Whereas I doubt very seriously if this patent is held by Apple it will ever be used against Open Source or free software, what happens if Microsoft buys Apple, for an extreme example? Meanwhile, if a patent like this were being actively defended it would mean that at best you could develop your own patent-free technology for high-speed serial connections and hope hardware vendors support that instead of the patented tech they have been working to support for years (riiiiight). In any case, you just would not be able to connect to firewire (or whatever) no matter what.

      I think it is kind of odd that even when there are patent-free alternatives, closed-source companies always use the patented version, for which they pay a premium. But then perhaps the patent-free alternatives are never as good as the version for which there is a patent, since they are born out of necessity and not necessarily designed to be better.

    45. Re:Software Patents by stanmann · · Score: 1

      No, using XOR to cause a cursor to blink is patented. You just said it. So if you want a blinking cursor, come up with another way to blink.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    46. Re:Software Patents by B1 · · Score: 1

      There are as many different ways to sort data, encrypt data, compress data(lossy or lossless), or do any other task computationally as there are programmers. The problem is not code re-use, the problem is the inability to think outside the box, and develop a new way.

      Sure, you can search for a revolutionary algorithm that is so good, that the rest of the world will abandon their existing methods and embrace yours. The problem is, you're not going to find much.

      These sorting, searching, and compression algorithms you speak of are already close to the theoretically optimum performance possible. There are plenty of sound proofs available that demonstrate why this is the case. Look up the theory of computation if you're interested.

      If we already have a library of good searching, sorting, compression and encryption algorithms available, why should I have to reinvent all of these, just so I can write a free web browser?

      And even if I did use my own compression or encryption algorithms exclusively, how useful would my browser be, the moment somebody tried to use it to view an SSL-enabled site with GIF images? If you need to communicate with another system designed by a third party, the protocol and algorithms are already chosen for you.

      I'm beginning to think:

      IHBT
      IHL
      HAND

    47. Re:Software Patents by thx2001r · · Score: 2

      Do you remember when every word in the English language was registered by people sitting with a dictionary in front of them with InterNIC on their web browser?

      If people can patent concepts so abstract as the patent for frames (which as I read it, and IANAL, I can apply that to any user interface on a computer I've ever seen) what happens to innovation?

      Will people be allowed to claim they've invented something (and make money off of their invention if they choose to) if a lawyer can prove in court that a corporation (or a corporation the corporation bought) patented an idea so abstract and all encompassing that they REALLY invented it and your are infringing on their copyright.

      Congratulations, your hard work and investment (your time is an investment, even in a "labor of love") have just provided a new way for a corporation to make money that will never reimburse you for your investment.

      I think patents are potentially a wonderful concept, unfortunately, when companies hold almost all the patents (or have bought the rights to the rest) will the only innovation allowed be from the corporate world?

      I want to be able to innovate. If I choose to give away my innovation, I don't want to be sued into oblivion by a company that has bought the right to say that they own my inventions (via an abstact, all encompassing patent) without even giving me a reach around! Yikes!

      --

      -Joe
      If we're all god's children, what's so special about Jesus? - Jimmy Carr

    48. Re:Software Patents by rifter · · Score: 1

      There is no algorithm that cannot be replaced.

      Oh, really?

    49. Re:Software Patents by stanmann · · Score: 1

      I understand that we are closing in on the "theoretical optimal limit". SO the Evolution of algorithms is reaching its close... so we need an innovative change. a Revolutionary search algorithm. A new theory.

      well... perhaps we should be using the patent system. instead of twiddling our thumbs waiting for someone else to patent something... patent your standard. Champion open standards and then patent them. license the patent... $$$upport open software $$$upport free software on the backs of big business.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    50. Re:Software Patents by iplayfast · · Score: 1

      And you think this is ok?

      How about if I patent the idea of adding up prices to come up with a total that get's printed at a cash register. It's just addition, but it's PRINTED!!!

    51. Re:Software Patents by Gleef · · Score: 1

      Enry asserts:

      So what you're saying is software patents aren't bad, but mathematical patents are?

      I fail to see any legally enforcable distinction, particularly if you look at the filings for the "software patents".

      Software patents are bad, mathematical patents are bad, algorithm patents are bad, business process patents are bad. Functionally speaking, they're all the same thing, a patent on an abstract idea rather than a concrete invention.

      Patents on ideas are bad.

      A typical software patent protects the idea of using a particular algorhithm or formula to have a broad range of effects. It doesn't matter how you write the software, as long as you use that algorithm or formula, you must license the patent. If that algorithm or formula is incorporated in a standard, you must license the patent to use the standard.

      This situation is an economic minefield, since you often can't find out who holds patents on what until you've already done the work and released your program, and the cease and decist letters start coming in. It's bad for Free Software, it's bad for Open Source software, it's bad for small proprietary software shops, it's bad for people who buy software, it's bad for the economy overall.

      --

      ----
      Open mind, insert foot.
    52. Re:Software Patents by Mr_Silver · · Score: 3, Insightful
      The standards change. Look at what happened when Unisys did pull their stunt with LZW. PNG and JPG suddenly became the 'in' thing, and there was a big public backlash.

      There was? Funny, I didn't see it. In fact, I still see GIF's all over the place and very little (relativily speaking) PNG's.

      Even this very own Slashdot page has 62 GIF's and no PNG's.

      There was a backlash, but I definately wouldn't say it was big.

      --
      Avantslash - View Slashdot cleanly on your mobile phone.
    53. Re:Software Patents by Bruce+Perens · · Score: 4, Insightful
      IF it violates patent
      THEN it isn't Innovative
      That's not the case at all. The nature of innovation is incremental. A patent will often be used below a new invention.

      IF available public key encryption patented
      THEN develop innovative public key protocol
      Again you're missing the point. If the use of the one-way mathematical functions that enable public key crypto is patented, you don't necessarily have any alternatives.

      Bruce

    54. Re:Software Patents by B1 · · Score: 1

      I understand that we are closing in on the "theoretical optimal limit". SO the Evolution of algorithms is reaching its close... so we need an innovative change. a Revolutionary search algorithm. A new theory.

      I don't understand. If we're already near the theoretical optimal limit, *how* are we going to find a revolutionary search algorithm?

      Space aliens?

    55. Re:Software Patents by IamTheRealMike · · Score: 1
      This is indicative of a wider problem in general, namely that free software effectively exists outside the normal economy. The concept of "everybody who uses this idea must pay us" seems reasonable when you start from the assumption that everything has a price, but free software essentially rewrites the economics of the software industry - the friction between the old and the new manifests itself in problems like this.

      The only solutions that I can see are for all software to be free software, and for programmers who were traditionally employed on selling software as a product to move to a service based economy, or for official recognition and protection to be given to the free software economy. One of the implications of the second is ruling software patents invalid of course, but this problem extends outside the realm of software - who is to say that other scientists, engineers or even authors/artists/etc would not want to freely share ideas and information without hindrance from patents?

    56. Re:Software Patents by iplayfast · · Score: 1

      I'm sorry but I have to disagree with you. There are an infinite number of ways to find a mathematical solution.

      Consider 1 + 1 = 2.

      The same solution can be found by an infinite number of mathematical sequences (1+1+1-1=2, 1+1+2-2 = 2 and so on). (Patenting any one of them is stupid IMHO).

      There may be a best algorithm in both math and software, but the two can be viewed as equivilent, ie a method of communication which describes the world around us. It is the idea of patenting the communication or presentation of ideas that I find repugnent.

      I view code as an instruction manual to be read by a device. Can you patent an instruction manual? You can patent the device which uses it. If the device has an internal instruction manual (microcode) then the device is still patentable, but not the internal instruction manual. Like patenting a special type of book, but not the letters and words inside it. This is where the patent office made it's mistake. They view the microcode as part of the device whereas it's only a set of instructions used by the device.

    57. Re:Software Patents by TKinias · · Score: 1

      scripsit royalblue_tom:

      The trouble is, where is the line drawn between "obvious" patents, and new "inventions". The patent office has been notoriously bad in deciding these.

      And until they figure out how not to grant BS patents, there should be a moratorium on any new patents.

      --
      In principio creauit Linus Linucem.
    58. Re:Software Patents by Planesdragon · · Score: 2, Insightful

      The only solutions that I can see are for all software to be free software

      Or, Free Software simply realizes that they're a long-term movement, and that 7-14 years to get at a competitor's IP is just the cost of doing business for them.

    59. Re:Software Patents by Gleef · · Score: 1
      mukund wrote:

      I do not support ... the way you say Mozilla can't display GIF due to the Terry Welch patent.

      It's a statement of fact. The Welch LZW patent covers the display of LZW encripted files as well as the creation of them. Unisys currently does not enforce this, but it doesn't change the fact that they threatened to before, and they can start doing so at any point until the patent expires.

      If Mozilla cannot license [LZW encoded GIF files] or defend its use, it should stop using them and perhaps drop support for GIF. People will either adopt this decision and stop using GIF, or reject it and stay with a popular browser which supports GIF.

      The GIF file format is a defacto standard on the web. If a standard is subject to licensing fees, that closes out all the Free software projects and many small businesses are shut out of using that standard. There is nothing to prevent a patent holder from waiting until people a standard becomes popular before announcing and enforcing their patent on it.

      We do not live in a communist society.

      What does communism have to do with this, at all?
      Purportedly communist governments have patents too.

      Reasonable IP which is registered as patent is done so because the author of such IP wants his work protected against commercial gain.

      A patent is, and always has been, a government granted monopoly. The government shouldn't grant a monopoly because the recipient feels he has a right to a monopoly, there is no right to a monopoly. They are granted because government thinks it is good to do so. In the USA, this is represented by the paragraph in the constitution
      The Congress shall have the power...To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

      While I see how a case can be made that protecting an invention (eg. anti-skip mechanism for CD player) promotes the progress of the useful arts, I fail to see how protecting an idea (eg. buffered I/O) does so. Those ideas are the lifeblood of progress, "protecting" them cuts off progress, it doesn't promote them.
      --

      ----
      Open mind, insert foot.
    60. Re:Software Patents by stanmann · · Score: 1

      New theory. 200 years ago, we had reached the theoretical optimal speed and weight limits for travel. 150-100 years ago, we perfected steam, IC engine, and air travel. 50 years ago we revolutionized air travel with rocket and jet power.
      BR revolution vs evolution

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    61. Re:Software Patents by stanmann · · Score: 1

      Again, you are missing the point. Use a different large number theory one way mathematical function.
      Oh, and FYI, there are no True one way mathematical functions, there are simply functions that are NP to reverse.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    62. Re:Software Patents by harriet+nyborg · · Score: 1
      Actually, the situation is not so clear cut.

      I think it is. Patented technologies don't get into the Linux kernel if they aren't made available on royalty free terms. In other words, if the patented technology is not available royalty free, it doesn't get used. Fair and square. It is a choice which limits the technologies available for use in Open Source. While Microsoft may be as reluctant to open their wallets and pay for patented technologies as the Open Source Community, they at least leave themselves with the option to use both royalty free and royalty bearing technology.

      Please give me a rational argument for why Amazon.com should have a monopoly right over their so-called "invention", "one-click shopping".

      Reductio ad absurdum. Why should I be forced to defend a questionable patent in order to justify my argument? It is silly to believe that ALL patents are invalid and that there is never any new innovative thinking.

      As for Amazon's patent - it does not matter what you think because it's not for you (or me) to decide - if a jury says it's valid and infringed it's valid and infringed. It might suck, but that's how the law works.

      EU Lobbying IS diminishing my rights since I live in this Union. The way I see it, my inventions are my property and patents are the tools by which I can enforce my ownership. Lobbying the EU to forbid patents on software takes treads on my rights to protect my property.

      The problem with Open Source people is they cannot understand why I do not see the fairness in them making me cut down my trees because they block their view.

      If you can't see through my trees (i.e., my property) then you should be the one to move.

      If you don't want to use my patents, then don't.

      But don't force me to surrender my property to the "greater" good of Open Source Developers. The last experiment based on that type of thinking failed miserably in every part of this Union where it was tried and I for one do not want to go down that road again.

    63. Re:Software Patents by stanmann · · Score: 1

      Go for it, but I've got 75 years of prior art...

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    64. Re:Software Patents by Bruce+Perens · · Score: 2, Insightful
      Nope. If the use of one-way functions is patented, no one-way function will be available for use outside of the patent.

      Bruce

    65. Re:Software Patents by subzerohen · · Score: 1

      Then DON'T USE TCP/IP

      INNOVATE!!!

      SET THE STANDARD...

      Imagine if you weren't allowed to create a web browser without paying a 100 diffrent enteties royalty fees.

      Do you think it is even possible to write a program, besides Hello World, that doesn't infringe on one of IBMs patents?

      IBM Lawyer: Cool idea you have there. Mind if we copy it?
      Me: Sure you can if you pay me 300k.
      IBM Lawer: Hmm, that sounds a bit expensive. I think I'll take it for free.
      Me: WHAT?!?
      IBM Lawyer: If you don't give us access to your technology for free we will bury you in legal paperwork for the next 25 years. You are infringing on patents #1324432, #4353754, #485436, #3456543 and #987231.

    66. Re:Software Patents by ichimunki · · Score: 1

      Too bad you got a flamebait moderation. That was hilarious!

      --
      I do not have a signature
    67. Re:Software Patents by DragonMagic · · Score: 1

      Or, like I've been talking to a lawyer regarding my open source project, an e-commerce suite. Seems that there are a few software patents that the software comes close to infringing, based on basic internet technologies like cookies, sessions and database manipulation. Others, like one-click, are also closely represented.

      Why on earth I should worry about infringing on SOFTWARE ideas, I have no idea. Strange new world.

      --

      Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
    68. Re:Software Patents by default+luser · · Score: 1

      Greed drives innovation.

      Until you can seperate the two, you're stuck with patents. Perhaps you can wrangle with the balance, but you cannot rid yourself of patents.

      Without patents, innovation will stagnate until it loses it's critical mass, and then it will fail altogether.

      People aren't magically born wanting to advance the human race. They latch on to the self-fueled excitement of the innovation machine as they grow. Somebody figures out how to make a super processor, it's pasted all over the news, discussed in classrooms. Somebody finds a cure for some disease, it's discussed on every corner of the earth for months and referenced for years as "the greatest scientific discovery this decade".

      People feed on the innovation hype, it's really the only reason anyone cares to innovate. It spurs people to ask why, and then, ask why not?

      But how many people do you think would go on working on this innovation if the monetary backing to fulfil their dreams isn't there? Not many people are willing to go into debt for free software. So you end up with a significantly smaller group of people dedicating even less time from their lives.

      This is where the problem comes in. This cut-down group of people is not enough critical mass to maintain the hype required to drive innovation. The advancements come more slowly, and the excitement and magnetism of the software career drains away.

      Look at the Space Program. How many of you wanted to be an Astronaut when you were kids? Probably every one of you, since we had just done cool things like going to the moon and launching the Space Shuttle. We were going to build that Space Station International and beat the Russians! You were not born wanting to be an Astronaut, but it was ingrained on you because it was HOT and continually advancing.

      How many kids today want to be an Astronaut? The Space Shuttle is boring, reduced to a few missions a year as space janitors. The International Space Station is worthless, and took forever to build due to red tape. NASA's funding seems to get smaller and smaller every year. All we have now are occasional blips on the radar like the Pathfinder and the still unclaimed X-Prize; this is what we are left with.

      What happened? The Space Shuttle proved that we cannot gain anything on the cost of unmanned rockets for satellites. The Apollo missions proved we have nothing to gain from colonizing and mining the moon.

      THERE IS NO MONEY IN SPACE. INNOVATION STAGNATED.

      Do you expect anything less when there's no money to be made in software? Find a better solution, or find a new planet to live on.

      --

      Man is the animal that laughs.
      And occasionally whores for Karma.

    69. Re:Software Patents by stanmann · · Score: 1

      Ok, you are right, just because certain idiotic patents have been acquired in the past, they will continue to be issued, and even though in the past, the judges have thrown out the ludicris patents, that too will change.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    70. Re:Software Patents by rifter · · Score: 1

      So is using xor in an encryption algorithm, and using xor in all kinds of different ways, really. A lot of these probably conflict, but the USPTO does not care, they don't seem to check.

    71. Re:Software Patents by Bruce+Perens · · Score: 1
      If Open Source developers don't want to use patented inventions - don't use them.

      How?

      I am going to assume from your message that you have never done a patent search. Patents are often so poorly descriptive of the invention that you can never be assured that you are finished searching.

      What about undisclosed patents? In the U.S., a patent can be filed up to a year after the purported invention date, and can stay undisclosed for years after that. When it becomes published, you get sued.

      The problem isn't so clear as you thought.

      Bruce

    72. Re:Software Patents by JimmytheGeek · · Score: 1

      Yeah, flamebait but funny. I give funny mods higher preference than the deduction for flame for this reason.

    73. Re:Software Patents by number11 · · Score: 1

      Having a limited monopoly on a creation encourages people and organization to invest more into R&D

      Which is what has made SCO and Unisys the powerhouses of R&D and innovation that they are today.

    74. Re:Software Patents by stanmann · · Score: 1

      In the language of the statute, any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent," subject to the conditions and requirements of the law. The word "process" is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term "machine" used in the statute needs no explanation. The term "manufacture" refers to articles which are made, and includes all manufactured articles. The term "composition of matter" relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything which is made by man and the processes for making the products.

      The Atomic Energy Act of 1954 excludes the patenting of inventions useful solely in the utilization of special nuclear material or atomic energy for atomic weapons.

      The patent law specifies that the subject matter must be "useful." The term "useful" in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.

      Interpretations of the statute by the courts have defined the limits of the field of subject matter which can be patented, thus it has been held that the laws of nature, physical phenomena and abstract ideas are not patentable subject matter.

      A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.

      So...you must describe the complete process, and demonstrate it functionally. Further, it must be provably "useful". IOW Henry Ford could have patented applying the assembly line process to building automobiles.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    75. Re:Software Patents by stanmann · · Score: 0
      ARGG... Dropped the quote tags.
      In the language of the statute, any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent," subject to the conditions and requirements of the law. The word "process" is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term "machine" used in the statute needs no explanation. The term "manufacture" refers to articles which are made, and includes all manufactured articles. The term "composition of matter" relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything which is made by man and the processes for making the products.

      The Atomic Energy Act of 1954 excludes the patenting of inventions useful solely in the utilization of special nuclear material or atomic energy for atomic weapons.

      The patent law specifies that the subject matter must be "useful." The term "useful" in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.

      Interpretations of the statute by the courts have defined the limits of the field of subject matter which can be patented, thus it has been held that the laws of nature, physical phenomena and abstract ideas are not patentable subject matter.

      A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    76. Re:Software Patents by Purple+Library+Guy · · Score: 1

      "Greed drives innovation." Sure; many things do. But it is clearly not the only thing that does, or even in the top three or so--or are you one of those people who thinks open source never innovates? "Look at the Space Program." Yes. Look at it. When did it go places? When it was driven by national pride and rivalry. Which parts are still doing worthwhile things today? The parts driven by scientific curiosity, which are still despite the cuts sending out really cool probes and telescopes to this day, which in turn are driving an ongoing revolution in cosmology and basic physics. What's about the most useful thing in space? GPS, put there by the military in case it came in handy. What has greed ever managed in space? A bunch of communications satellites, and that spectacular failure Motorola did with the cell phones. Greed doesn't drive any innovation in space, because it can't see an immediate profit. Frankly, in the past the general tendency is that curiosity and government funding drive innovation. The internet and the web are both derivatives of government funding, one military, one scientific (CERN). Bell Labs used to be an exception--but that was largely because Ma Bell was practically a government unto itself, and could afford a long-term perspective. Since deregulation and carving up, Bell Labs is largely toast. Now what greed really drives is implementation of existing innovation, and small incremental changes. Which is useful. But if what you want is *innovation*, don't rely on greed.

    77. Re:Software Patents by rifter · · Score: 1

      You're basically saying, "Yea, I stole the car. But since I didn't know it was against the law, and since it was 10 years ago, I shouldn't be held responsible for it. Plus, I don't agree with the law, thus it shouldn't be obeyed."

      No, he is saying he built this house, and years wnet by and he enjoyed the house, then one day some lawyer showed up and accused him of stealing his car, and he said "wtf?" and the lawyer dug in the basement and there hidden in the foundation block was a car. Then the lawyer said he would take the house and everything he owned in reparation for stealing the car.

      Analogies suck, btw.

    78. Re:Software Patents by default+luser · · Score: 1

      Oh, but that's my whole point. TODAY's privatization movement is almost entirely greed-driven, with more and more push by the open market for governments to butt out every day.

      Unless Capitalism itself comes tumbling down, you're not likely to see anything remotely representing the gargantuan efforts of old.

      Ma Bell, NASA, ARPA, they're all dying out. Replaced by the new free market, which can do EVERYTHING faster, better cheaper. AND WILL HARDLY EVER SPEND MONEY ON PROFITLESS VENTURES.

      Satellites can make money...if they don't try to do things any differently. The fact that you single out Iridium only proves my point: this was the BIGGEST, and the LAST attempt to seriously change how we use Low Earth Orbit connunications in the last decade. No money, no sale.

      GPS...is over 2 decades old, a last remnant from the same space heyday that hatched the Space Shuttle.

      Development contnues on building better rockets...so long as they're specifically designed for launching satellites at even lower cost.

      Where's the innovation?

      Where's the expedition to Mars? The base on the moon? Just to say "HEY, -WE- DID IT!". It's just possible we could open the doors for huge profits in the process.

      You're not going to see any of that from today's space companies, because it's an unheard of risk. Why should software companies even bother with pushing the bounds of software if there's no money in it? No patents whatsoever means no protections, no possible chance to recoup your investment.

      If Christopher Colombus had asked Microsoft to support him in getting to the New World, they would have made him jump through thousands of hoops and upper management to get approval, feasability studies, etc. And after all the effort of finding the new world, putting in insane efforts, they would fire him because his Q1 profits were below target. JESUS CHRIST, the world is RUN by beancounters folks, not a dreamer among them.

      And don't even talk about intangible benefits, this means nothing to corporations. A corporation wouldn't care that Spain gained tons of notoriety worldwide by developing and sapping the New World. In the long term, the Spanish lost their empire and now play second-fiddle to the rest of the developed world. THAT is all that ANY beancounter corporation cares about.

      So, I suppose that makes all open-source software developers socialist? NO.

      It means all open-source developers don't really know what they want. They want all the benefits of a govenrment-sactioned, tax-driven monopolist melting pot without any of the restrictions.

      Make up your minds folks. You want real innovation, take a look back and SEE what has truely driven innovation.

      Not Open Source.

      Open-Endedness.

      --

      Man is the animal that laughs.
      And occasionally whores for Karma.

    79. Re:Software Patents by arkanes · · Score: 1

      The problem is that the protections afforded by a patent are inherently unsuited to abstract concepts like algorithms and buisness methods - thus, software patents are unreasonable. They do FAR more to prevent innovation than to encourage it. Patents were never intended to apply to abstract concepts, and they shouldn't be.

    80. Re:Software Patents by harriet+nyborg · · Score: 1
      You too are reducing this argument to an absurdity.

      That my rights make your life inconvenient is a the cost of living in a free, democratic society which values individual rights. Sorry officer, you're gonna need a warrant...

      Chicken Little exclamations which end in "you get sued" do nothing to further this debate. Scaring a bunch of teenagers into thinking IBM is going to sue them for tinkering on their PCs... you ought to be ashamed of yourself.

      Experimental use - where there is no commercial exploitation is already exempt.

      Convincing developers to give away their hard work to big companies like IBM and HP for free... tsk, tsk.

      And what do Open Source developers get out of the deal you're selling? The freedom to continue to develop new things for HP and IBM to commercially exploit without the "threat" of being sued by HP and IBM.

      In the Open Source verision of the Biblical Story of David and Goliath, both David and the Giant drop their slings, and the Giant pummels David sensleless with his bear fists.

      I ain't buying your snake oil.

    81. Re:Software Patents by arkanes · · Score: 1
      Patented technologies don't make it into the linux kernel for practical reasons, not political ones. There's no money to pay licensing fees, and on top of that there's no single body to do the licensing. It's pretty straightforward.

      Now, as for reduction of your rights - it's reduction of your rights like file sharing reduces RIAA profits. You have no rights to your "IP" - you have privledges which are granted by law. In the absence of law, there's no innate protection against someone using and copying your ideas, except never sharing them.

      The EU is considering expanding the privledges it grants you - it's not treading on your rights because you don't have them. If we're going to draw analagies, it's people trying to stop you from growing your trees over a public road.

      Lack of software patents has nothing to do with communism - you're either misguided or intentionally clouding the issue if you think it does. Your software is protected by copyright, as abstract works should be.

    82. Re:Software Patents by zipwow · · Score: 1

      Hey Planesdragon,

      I think your view would be valid if the patents awarded were only for valid and innovative software applications.

      If the current state of patent review continues, though, I think that the problem that arises is that the legal fees necessary to overturn patents awarded on trivial applications is prohibative. Pretty quickly, there isn't much worth doing that isn't patent-protected, even if the patent is absurd.

      Perhaps I'm being overly pessimistic, though. Besides PR, I can't see what's stopping "some company" from doing that now.

      -Zipwow

      --
      I don't know which is more depressing, that 2/3 didn't care enough to vote, or that 1/2 of those that did are crazy.
    83. Re:Software Patents by debiant_minded · · Score: 1

      "... instead of gumming up the software industry"

      Exactly. Patents as currently employed in the USA lead to "innovation gridlock".

      Strangely , Jim Morrison may have said it best.

      When the still sea conspires an armor,
      And her sullen and aborted currents
      breed tiny (IP) monsters,
      True sailing is dead. ...

      - Jim Morrison, From Horse Latitudes

      ------------------
      Shakespeare wrote
      "Fair is foul, and foul is fair "
      Sadly in the Modern World it may be the only
      paradigm you'll ever need.

    84. Re:Software Patents by Anonymous Coward · · Score: 0
      "Jesus of Nazareth did not die so we could enjoy eggs and chocolate bunnies!"

      Jesus didn't die??! Rumors of his demise must have been exagerated. Well that's just great news that Jesus didn't die -- that means we can finally enjoy eating the eggs and chocolate bunnies now! Hurray! Pass the loot!

      Oh no, this Chocolate Bunny is hollow. How metaphorical. Chocolate Santa had the same problem. Maybe there's a connection between these Hollow Christian Icons...?

    85. Re:Software Patents by rossifer · · Score: 1

      The Space Shuttle proved that we cannot gain anything on the cost of unmanned rockets for satellites. The Apollo missions proved we have nothing to gain from colonizing and mining the moon.

      It might help if either one of those projects was intended to establish that goal. Apollo was all about going to the moon. After getting there, we decided to take a look at doing some science and that worked out rather well. We never tried to extract commercial value from the moon, so it's a little premature to say that Apollo proved anything of the kind.

      As for the shuttle, it's a prototype for a reusable space vehicle. A first-pass design if you will. It's done an amazing job at pointing out the shortcomings of it's design while acting as a rather expensive medium lift launch vehicle. The problem is that so much got invested into the shuttle that no money is left over to pursue further design and the US Government doesn't want competition in medium-heavy lift launch capabilities, so we have laws to prevent competitors from succeeding.

      Now we've got the ISS, and the real problem here is that people high up in NASA really want an orbital construction shack as a permanent foothold in space, so the space station has been co-opted by that agenda to make it into the LEO launch point for future interplanetary manned missions. It's a nearly worthless scientific outpost, as any sensitive microgravity experiment needs isolation and minimal external forces. Except for right around the CG of the station, there are tidal forces large enough to upset most of the interesting microgravity experiments and with the amount of activity going on, the whole structure is vibrating like a bell being hit by a hundred hammers. Science is what it's not. Soaking up NASA's budget and forcing the government to be even more aggressive about stifling competition is the real impact of the ISS. Too bad nobody cares.

      Which is also the reason why Zubrin's low cost, low risk manned Mars mission will never happen. It doesn't need a construction shack so it can't act as justification for continued development of the space station into a space-based assembly and launch platform. Which is a damned shame because Zubrin's return vehicle could be put up on a Russian Proton rocket as soon as it's fabricated and be waiting for the manned mission to arrive a few years later.

      Actually, I'm all for an orbital construction shack, I just think it ought to be built from in-situ materials (lunar/asteroidal metals fabricated in space). But I'm one of those wierdos who sees dollar signs in off-planet resources...

      Sorry for the off-topic rant. Back to your regularly scheduled open source discussion.

      Regards,
      Ross

    86. Re:Software Patents by Tomble · · Score: 1
      Or, Free Software simply realizes that they're a long-term movement, and that 7-14 years to get at a competitor's IP is just the cost of doing business for them.

      That's a good one.

      As a youngish human being, who should have a life expectancy of around 70/80 years or so, I should realise that if I somehow get buried alive, the lack of oxygen won't be important as I'd probably get dug up after a few years and then I can then just breathe a lot harder to make up for it. It would merely be fairly uncomfortable.

      --
      Be careful! New moon tonight.
    87. Re:Software Patents by Planesdragon · · Score: 1

      You will die if put on a shelf for twenty years. Software will not.

      Innovation will only take the "IT" industry so far. Eventually they'll reach a point where things simply can't get any better, and the brief respite of patents will wittle away the last few differences between OSS and "proprietary" software--and then, because of simple economics, the OSS will succeed.

    88. Re:Software Patents by Daniel+Phillips · · Score: 1

      "What about patents that are embedded in standards? Work around the patent and you're no longer interoperable."

      Now you're nitpicking. What if my head turns into a block of gouda?

      Never mind that you just instantly lost all credibility by first calling an important point a "nitpick" then going on to support it with some silly analogy. Surely you do not fail to understand how patents embedded in standards can be used to impose taxes on internet users and block free software implementations?

      If so, you are either very stupid or very cynical.

      --
      Have you got your LWN subscription yet?
    89. Re:Software Patents by Enry · · Score: 1

      Giving 'what if' scenarios makes you lose your credibility.

      My contention (which has yet to be disproven) is that coders can work and do work around crappy patents already. In some cases (GIF and MP3) the patents are just plain ignored as alternatives are developed. It's far too costly for Unisys to go after EVERY violator of their patents.

      In the case of patents like those covering SSL, the patents are also ignored with development going on in countries where such patents are not valid. The patent owner in this case (RSA) graciously expired their patent a few months early.

    90. Re:Software Patents by Daniel+Phillips · · Score: 1

      My contention (which has yet to be disproven) is that coders can work and do work around crappy patents already.

      You can work around some and not others. Please get a clue.

      --
      Have you got your LWN subscription yet?
    91. Re:Software Patents by Daniel+Phillips · · Score: 1

      The patents cover the LZW compression algorithm, not the GIF file spec itself. Thus, there are other [sourceforge.net] ways to make GIF files that do not use LZW.

      Gad, but you are competing for some sort of most clueless prize. Yes, you can make patent-free gifs that way. No, you can't make patent-free LZW compressed gifs that way, even though the compression scheme is part of the file format.

      --
      Have you got your LWN subscription yet?
    92. Re:Software Patents by Enry · · Score: 1

      What, did I whiz in your wheaties this morning?

      Sheesh. I'm making statements, and your only reaction is to say I'm clueless. You spend too much time here and not enough time thinking about what I'm saying.

      I made a statement that GIFs can be made that most readers will accept and yet is patent free. If you don't like it, use PNG or JPG which are perfectly fine replacements. Those are your options, unless you want to pay to license LZW.

      Here, I'll save you the time to reply:

      If you don't like it...
      You're clueless!

    93. Re:Software Patents by gonvaled · · Score: 1

      The problem is that laying technologically 14 years behind could mean that free software would effectively be relegated to a niche and that the momentum that it is gathering would be significantly stopped.

    94. Re:Software Patents by harriet+nyborg · · Score: 1
      amigo, practical or political the point is that patented technologies - by choice - do not make it into the linux kernel. fewer design choices means fewer design choices.

      i disagree with you that i have no rights to my IP - using your argument i have no rights to my other property either since without the title that says i "own" this land, i can't keep people from building on it. in the absence of law, i can't keep people off my land without having to use violence.

      the patent does not give me the right of property - it allows me to enforce the right of property. it is an 18th century view that patents "create" property. (thomas jefferson's views of slavery, for example, are also 18th century views which have no place in the 21st century.) we cannot have a "knowledge" economy without the understanding that "knowledge" is property.

      copyright is insufficient protection. it prevents a narrow class of copying - but they do not prevent the scope of commercial exploitation which patents do. if copyright were sufficient, there would be no call for patents. it is NOT an expansion of rights, it is an an expansion of the tools i have available to enforce my rights. this is an important distinction.

      as for my trees on your road... dude, my trees were there first. this debate has to assume that patents are NEW and NOVEL - no one is arguing that i can ex post facto claim rights on someone else's work. if the road was already there, then my patents are not valid, period. but if there was no road, i should not have to cut my trees (especially at no cost to you) so you can build one. the right is not absolute - the government can claim emminent (sp?) domain on anything i own - men with guns usually have the last say. fortunately there are procedures for this which could also be applied in the realm of intellectual property. i would not argue that my rights should cause undue buden on society - but some burden society has to be willing to accept.

      the problem is that Open Source doesn't want to be burdened at all. they think it is too difficult to avoid software patents so damn them all. i fully support the right of Open Source community to exclude patents, more power to them, but i do not accept that these people should be able to deny me the right to not play their game.

      the arguments against software patents are arguments against my right to own property. the right to own, sell, transfer, develop, and control property is fundamental to a free, democratic society. it is clouding the issue is to pretend that it is not.

    95. Re:Software Patents by arkanes · · Score: 1
      You're fundamentally misunderstanding what a patent is, what copyright is, and what IP is.

      Here's why you have no (innate) monopoly over your IP, and why it's not a natural right:

      If you own a house, you can keep people off it in any number of ways, resorting to violence if neccesary. Your ownership and use of the house implicitly excludes other ownership and use of it. If you write a nifty algorithm, the only way you can prevent me from learning and using that algorithm is by never showing it to me - your usage of it does not implicitly prevent me from usiong it. It's the difference between knowledge and physical devices.

      Patents were created to protect physical inventions - where you've created something new. You're trading (theoretically) the plans for the creation of your device (which will, when your patent expires, allow for the benefit of society by allowing anyone to create your invention) for a limited monopoly to allow you to profit from it.

      Copyright is a (currently much longer) protection on creative works. The difference is that the work itself is the product, the plan for it's creation. Copyright is more than enough protection for software - just as a good example, I'd like you to present a reasonable case where a software patent is neccesary for a software company to profit.

      "Process" patents are a violation of the system - they cover the concept of doing something (look at the shitloads of patents out there that cover doing something old "on the web" or "on a computer") rather than inventing something. You can't patent "a device that mows lawns". You patent "this thing right here that is intended for mowing lawns".

      Artifically creating value through legislation is a dead end road - it's got all the drawbacks of capitalism and none of the benefits.

      You're welcome to your copyrights. You're welcome to your inventions. I support your right to your own works - but software patents are NOT the guarantee of that.

      You would probably hate the world we'd live in if all of your ideas were truly implemented - there'd be no personal computers. There'd be no slashdot. There would certainly be no internet. Casual access to information would be eliminated - all because the concepts that allow these things to exist would be the exclusive right of one or more large companies - and you wouldn't be able to play.

    96. Re:Software Patents by harriet+nyborg · · Score: 1
      my friend i appreciate your thoughtful comments.

      saying anything pro-patent on slashdot is like dousing yourself with gasoline and asking for a light. you've shown remarkable restraint.

      personal computers, mobile phones, MRI machines, cars, pharmaceuticals all exist - despite the fact that all of these contain hundreds of patented inventions owned by lots of different entities.

      GSM, and not the Internet, is arguably the world's most successful standard. a standard developed under RAND licensing terms, covered by thousands of patents owned by dozens of companies. and used today by nearly 700 million people.

      patents did not stop GSM - they aided the development of a highly successful standard by making it commercially viable.

      why is software so different?

      the fears of the Open Source movement are founded on just that - fears - even Perens in his article says that the fact that there haven't been any patent problems is a problem because he can't point to the entrance of the cave and say "look at the bones, man."

      so, he and others paint doomsday scenarios to prevent a rational debate from occuring.

      fear (or ideology) should not be the basis for public policy debate.

      the facts contradict the fears.

      viewing "intellectual" property as a special class of property not worthy of the same property protections as "real" property is rather strange actually.

      most slashdotters are probably comfortable with the concept of owning land - a resource of fixed size - yet there seems to be a viseral rejection of the ownership of intellectual property whose dimensions are limitless.

      knowledge has value. the economies of more and more countries are based on this value. yet knowledge is easily stolen.

      it is uniquely easy to steal which is why i advocate stronger protections.

      the EU will accept software patents because there are sound economic reasons for so doing. shrill voices yelling that the sky is falling are not likely to change this.

    97. Re:Software Patents by Daniel+Phillips · · Score: 1

      I made a statement that GIFs can be made that most readers will accept and yet is patent free.

      Bullshit, you were supporting a thesis that open source coders can always work around patents, which is, ahem, patently false. Even with your gif example, the workaround turns out to be inferior to the patent-encumbered version. The bright side is that GIF never was, and never will be, part of any official standard. However, it is (probably) well-meaning but (perhaps just seemingly) dull-witted people such as yourself that could steer the outcome of future gif-like stories towards a far worse outcome, where there is in fact no alternative but to pay the toll.

      So, I'll modify "clueless" to "well-meaning but clueless" if you like. You certainly do not have a grasp of the situation, or you do, and you are trolling.

      --
      Have you got your LWN subscription yet?
    98. Re:Software Patents by Anonymous Coward · · Score: 0

      Nonsense. What theories were these and what experiments were done or what proof was offered to prove them? I would guess that any such proofs were simplistic "human beings cannot survive traveling faster than the speed of sound" arguments put forth by people who do not understand basic concepts like speed vs. acceleration.

      It is easy for simpletons who know how to add and subtract but not to use math or physics to say that kangaroos use more energy than they consume as food. People who actually understand the concepts involved can point to a bouncing ball and point out that the same calculations say that a bouncing ball is a three times return on investment.

      You can make up all the excuses you want for software patents, but there are limits on human invention and they can be run into very frequently in software development. Working around them essentially means working in a fantasy world that does not interoperate with the rest of the world. You talk about perfecting air travel 100 years ago. The truth is that the Wright brothers used their patents to put a stranglehold on the development of flight.

    99. Re:Software Patents by photon317 · · Score: 1


      Agreed, nothing requires you to share. But what about when you crack fermat and apply for a patent, and another guy also cracks fermat on his own, a few days later than you, but before your patent made it public.

      Because you discovered it three days before him, he can't use his discovery of the same facts without paying you a royalty now? That's ridiculuous.

      --
      11*43+456^2
  8. Linus wants DRM? by Anonymous Coward · · Score: 0

    He didn't say that.

    Linus said he thinks people can use DRM with Linux if they want to. He's probably not going to incorporate anything like that in his kernel, but he doesn't try to prevent others from doing it.

    1. Re:Linus wants DRM? by jocks · · Score: 1

      OK, I generalised and allowed myself to interpret Linus' statements in a certain way. However, I have no interest in the DRM argument (in this circumstance). I am, however, concerned with who is going to represent me on the important issue of Software Patents.

  9. Is there a summary of arguments by Albanach · · Score: 5, Interesting
    Most of us know software patents are bad. Most of us object to them. However, has anyone compiled a list of reasons in nice, plain english (or other european langauge) that we can use to summarise the arguments to our MEPs.

    These are busy people. They don't have the time or will to learn what it's all about - they need a summary that says what would happen, what's at stake and what their individual countries could lose out from if these patents are implimented. Has anyone worked on this?

    1. Re:Is there a summary of arguments by ces · · Score: 1

      The LPF has some arguments against software patents on their web site. I think they include a 1 sheet summary.

      --
      Happy Fun Ball is for external use only.
    2. Re:Is there a summary of arguments by Anonymous Coward · · Score: 1, Informative

      Read this.
      It's not precisely about software patents, but can easily be applied to them: patenting software is like privatising the road network.

    3. Re:Is there a summary of arguments by AlastairBurt · · Score: 2, Informative
      I think the best place to go to find this is the Eurolinux petition site:

      http://petition.eurolinux.org/

      The petition itself is a good example of a letter for an MEP and there is a page that will tell you everything you should know on software patents in 15 minutes.

    4. Re:Is there a summary of arguments by Tim+Colgate · · Score: 4, Interesting
      The UK currently doesn't allow general software patents, but they did have a discussion on this a couple of years ago - you can read their comments here: here

      A particularly interesting comment they made (with respect to business method patents, but equally applicable to software) was:

      The Government's conclusion is that those who favour some form of patentability for business methods have not provided the necessary evidence that it would be likely to increase innovation.

      This states that there has to be a clear benefit in order to change the status quo; businesses should have to show that without software patents they are unable to innovate. This is clearly not the case.

      You can read an interesting summary of user comments here

    5. Re:Is there a summary of arguments by Anonymous Coward · · Score: 0
      patenting software is like privatising the road network.

      analogies suck. there patents involved with aspects of the road network and we all manage to get around just fine, therefore you are telling me software patents are good.

    6. Re:Is there a summary of arguments by Jester99 · · Score: 1

      This page by Dan Bricklin, the creator of the famous VisiCalc program puts forth a very convincing argument against software patents in plain English.

  10. Bring out RMS by donscarletti · · Score: 3, Funny
    RMS is practically the father of open source (free as in speech software), maybe not the first one to practice it but definitly the first one to turn it into a whole branch of ideology.

    Rms put back-breaking effort into Open Source softwear while Linus was still in highschool. He didn't just work for broader acceptance of Open Source, he pretty-much created open-source, and created many of the open source tools that Graham Taylor is promoting making him far more credible.

    Plus, he would rant, and rave so long that the eu would have forgotton about patents long before they figure out a way to get him to shut up.

    RMS may be a jerk, but he is a great, admirable and inspiring one.

    --
    When Argumentum ad Hominem falls short, try Argumentum ad Matrem
    1. Re:Bring out RMS by Eric+Ass+Raymond · · Score: 4, Insightful
      No, no, no! For the love of God, keep RMS locked in the basement!

      He is an idealist, a true believer, who's incapable of a compromise. Yet, all professional politics is about achieving a consensus between all parties.

      Any politican would categorize RMS as a "crackpot loony that should be completely ignored" in a second he opens his mouth.

    2. Re:Bring out RMS by gonvaled · · Score: 2, Insightful

      He may be an idealist but this does not mean that what he advocates can not be done.

      It is a nice idea that we do not have to continuously reinvent the wheel each time we create a car. This way we can concentrate on improving the car or adding new gadgets. Besides, each improvement belongs automatically to humankind. Economically makes sense, and morally it is correct.

      Can our representatives understand this? Who can explain this to them? I think RMS is quite capable of doing so.

    3. Re:Bring out RMS by Enquest · · Score: 1

      No they would listen to RMS as long as he wouldn't demand that they say GNU/linux and understand the diffrence between Free software en open source

    4. Re:Bring out RMS by Anonymous Coward · · Score: 0

      Which he would.....

      He was giving the KDE guys a hard time about that the other day at the tea party.

    5. Re:Bring out RMS by Anonymous Coward · · Score: 0

      RMS is practically the father of open source

      Expect to be Punished the next time you run into RMS :). He has nothing to do with Open Source Software, everything to do with Free Software.

    6. Re:Bring out RMS by mj01nir · · Score: 1

      No, no, no! For the love of God, keep MS locked in the basement!

      They are capitalists, true believers, who are incapable of a compromise...

      See? I don't think MS, IBM, and other patent-portfolio-rich companies will be any less enthusiastic about supporting software patents. Why shouldn't we (OSS supporters, or just people opposed to software patents) have a strong, unwavering, even rabid voice?

      --
      the no .sig .sig
    7. Re:Bring out RMS by aminorex · · Score: 1

      > Any politican would categorize RMS as a "crackpot
      > loony that should be completely ignored" in a
      > second he opens his mouth.

      Kinda like Tony Blair, then.

      --
      -I like my women like I like my tea: green-
    8. Re:Bring out RMS by Ben+Hutchings · · Score: 1

      RMS does tend to be outspoken, and I disagree with some of his positions. However, he was warning about the imminent danger of software patents and DRM long before many other people recognised the threats these pose to computer users in general. Clearly he's thinking ahead and he sees the risks far better than most other people. He knew copyright wasn't going away so he compromised by inventing the copyleft rather than just campaigning for a change. For pragmatic reasons the FSF introduced the LGPL and the GCC library licence, which allow development of non-free software using GNU - another sensible compromise. And the FSF has always come to agreements with those who violate its copyright without taking them to court.

  11. discuss amongst yourselves by Joe+the+Lesser · · Score: 3, Interesting

    So the premise is that someone came to speak about open source to the EU Parliament, but the are not a respected member of the open source community, as evident by their lack of support for it.

    The real question is, who got this guy to speak? He was likely chosen for his viewpoints, regardless of how they represent the whole of the open source community.

    --
    "I only speak the truth"
    Karma: null(Mostly affected by an unassigned variable)
  12. Peer review? Try it sometime. by Anonymous Coward · · Score: 0

    If you have a peer that knows what all that IEEE mumbo-jumbo is. 1394 is a no brainer. 1488? Zoooom!

  13. What's exactly the problem? by magi · · Score: 4, Informative
    Did Perens actually read the statement?

    3. The Directive should provide for a mechanism that ensures that open source software development will not be negatively affected. Amendment 17 empowers the European Commission to monitor the impact of the Directive on innovation and competition, and in particular on small and medium businesses. This mechanism will guarantee against any adverse effect of the Directive on the community of independent developers, in particular on those that are contributing to the development of open source software products.

    That doesn't sound too bad. As Perens and rest of us are very worried about the future of independent OSS developers, some kinds of amendments might make the patent laws reasonable. I don't know.

    For example, allowing strong software patentability and then relieving any OSS implementations from patent claims would actually make OSS a better choise than proprietary! Who would want to pay huge royalties when they can use an OSS implementation. On the other hand, such an amendment would create a loophole that would effectively nullify the patent laws as companies could release just the patented algorithm as a LGPL library.

    I really don't believe the pro-patent people would want such loopholes, so it's unlikely that they would support very broad amendments. More likely, they might support amendments that deny suing of individuals while allowing suing companies such as Red Hat and other companies packaging and selling OSS. Such solution would make no difference to the OSS community, as the success of GNU/Linux strongly depends on the commercial exploitation of OSS.
    1. Re:What's exactly the problem? by Bruce+Perens · · Score: 4, Insightful
      Yes, I read it. They say that by monitoring the damage and publishing articles about it, they guarantee against any adverse impact on Open Source. Isn't that absurd? They will measure the damage and tell people. That's the guarantee. It sounds like double-speak to me.

      Bruce

    2. Re:What's exactly the problem? by (void*) · · Score: 1

      I am afraid I don't get what the problem is, other than it sounds like "double-speak". Are you saying that writing articles and telling people are ineffective? What kind of concrete action are you looking for?

    3. Re:What's exactly the problem? by TopShelf · · Score: 1

      I'd have to agree on that point - this "guarantee" is so vague, and structured around the "we'll watch and see what happens, don't worry" mindset that I wouldn't count on it to provide any help until great damage has already occured.

      --
      Stop by my site where I write about ERP systems & more
    4. Re:What's exactly the problem? by (void*) · · Score: 1

      Perhaps one can use this - demand there be valid representatives like Bruce to sit on that panel of "watchers".

    5. Re:What's exactly the problem? by Bruce+Perens · · Score: 4, Informative
      Well, consider that you are an open source developer. You get sued. You lose or settle. The patent holder gets your copyrights, your home, your car. The EU notes the damage and reports on it. How does this protect you?

      Bruce

    6. Re:What's exactly the problem? by Anonymous Coward · · Score: 0

      Yes, what is the problem?

      wolves monitoring sheeps, isn't that fair?

    7. Re:What's exactly the problem? by Anonymous Coward · · Score: 0

      Did President Bush write articles and tell people about Sadaam Hussein ? Did Rosa Parks write articles and tell people about the back-of-the-bus rule ?

      This is a legislative body. Kind of like congress. When they really want to put a stop to something, they don't appoint an awareness committee co-ordinator (please take note, all sign waving hippies).

    8. Re:What's exactly the problem? by jkrise · · Score: 1

      "Are you saying that writing articles and telling people are ineffective?"

      There's supposed to be a body overseeing the MS Code of Conduct in the anti-trust case and keep us periodically informed. Has this helped?

      MS implements WordML, and calls user defined schemas as Arbitrary.
      MS offers WinCE code under a sort of GPL-like license, but not the XP code.
      MS offers to release 100% of the source code to non-US nations, and yet cites National Security within the US.
      MS deters and threatens users from using Foxpro under other OSes.

      It's obvious this isn't gonna work at all for the FSF chaps. Mere documentation and reports about a disease aren't going to help victims. By your logic, SARS can be cured by publishing statistics!

      --
      If you keep throwing chairs, one day you'll break windows....
    9. Re:What's exactly the problem? by dago · · Score: 1

      Yeah, right but,

      in Belgium, the patent law mandates that the patent should be used for profit. Otherwise, a special commision can enforce the patent owner to gave license and fix the cost of the licenses. This commission is also responsible to verify other safeguards built in the patent law such as the one you quoted.

      It never met, since 30 years that this law is in place.

      --
      #include "coucou.h"
    10. Re:What's exactly the problem? by Chatterton · · Score: 1

      3. The Directive should provide for a mechanism that ensures that open source software development will not be negatively affected. Amendment 17 empowers the European Commission to monitor the impact of the Directive on innovation and competition, and in particular on small and medium businesses. This mechanism will guarantee against any adverse effect of the Directive on the community of independent developers, in particular on those that are contributing to the development of open source software products.
      Personaly I read this like that:
      European Commission can count the Frags and Blogs them... Punt on the line. There is no word to say that European Commission can take action against the offender.

    11. Re:What's exactly the problem? by Sgt_Jake · · Score: 1
      Amendment 17 empowers the European Commission to monitor the impact of the Directive on innovation and competition, and in particular on small and medium businesses

      Actually, doesn't this line say that the commission will monitor the damage to small and medium business', not the community of developers? -- So, if an OpenSource program adversly effects a small or medium business and the commission reports on it, who stands to lose?

    12. Re:What's exactly the problem? by alder · · Score: 2, Insightful
      They will measure the damage and tell people.

      IMHO, this should also be viewed from more than one perspective: how does one measure the damage for projects that never even have started because of the fear of patents infringement?..

    13. Re:What's exactly the problem? by Jamie+Lokier · · Score: 1

      Then perhaps it would be appropriate to point out to the MEPs that the proposed mechanism would not actually product Open Source developers, and to lobby for a mechanism that _would_ specifically protect the needs of European open source developers even if it granted software patent rights in general?

      I would not care less if all the closed source developers get wrapped up in patents, so long as open source developers are allowed to share our work.

      That even seems like quite a fair compromise: Voluntary disclosure of your secrets in exchange for not being bound by the patent system. After all, there is no need (or justification) for patents to provide an incentive for disclosure or trade secrets, among those who voluntarily disclose their trade secrets anyway.

      -- Jamie

    14. Re:What's exactly the problem? by sbwoodside · · Score: 2, Insightful

      That doesn't sound too bad. As Perens and rest of us are very worried about the future of independent OSS developers, some kinds of amendments might make the patent laws reasonable. I don't know.

      That's right.

      But there is something that we do know. The rule in Europe right now is good, there's no software patents, there's no risk at all for individuals, SMEs, and open source in general. All of the good things that you speculate might come from this clause already exist.

      simon

    15. Re:What's exactly the problem? by magi · · Score: 1

      But there is something that we do know. The rule in Europe right now is good, there's no software patents, there's no risk at all for individuals, SMEs, and open source in general. All of the good things that you speculate might come from this clause already exist.

      Very true.

      Well, as I said, if there were strict software patent laws with very wide amendments regarding OSS implementations, the laws would effectively benefit OSS by discouraging proprietary implementations. The problem is that the strong IP advocates would never accept such wide amendments, except perhaps by mistake, as they would be their worst nightmare.

    16. Re:What's exactly the problem? by blakestah · · Score: 1

      You are not liable for damages before you are notified by the patent holder that you are infringing. At that point you halt all distribution, and there are no damages, and no settlement.

      Now, if you call their bluff, and continue distributing thinking they will lose, and they win, then you lose your house, your car, and your hair.

      But you deserve it b/c you are an idiot.

      Note - this is not a stance for patents on software. Just pointing out that by writing and distributing software that is on shaky ground wrt patents, you will NOT lose your home unless you are also an idiot. You may lose the right to distribute your code though.

    17. Re:What's exactly the problem? by JPMH · · Score: 1
      The real problem is that the amendments which this letter is backing are much weaker than those previously proposed by the Culture committee CULT or the Industry committee ITRE.

      It would be much better if, when the JURI committee meets on May 22nd to vote, they choose the CULT amendments, or the ITRE amendments, or those proposed by some of the Greens and Socialists, rather than the ones this letter is calling for.

      For example, CULT recommended that only systems involving "the use of natural forces to control physical effects beyond the digital representation of information" should be patentable - essentially the caselaw in Germany and many other European states in the 1970s and 1980s.

      ITRE proposed that "inventions involving computer programs which implement business, mathematical or other methods, which inventions do not produce any technical effects beyond the manipulation and representation of information within the computer-system or network, shall not be patentable".

      Also, that "the production, handling, processing, distribution and publication of information, in whatever form, can never constituate direct or indirect infringement of a patent, even when a technical apparatus is used for that purpose."

      In contrast the amendments drafted for JURI by Arlene McCarthy, which the letter recommends, are much looser, in many places not well drafted at all, and contain none of these clearly defined restrictions.

      The letter in fact is even worse, because unlike even Arlene McCarthy it supports "program claims" -- ie making the publication of source code on a disk or a website a primary patent violation (Compare that under ITRE's amendments such a publication would be free speech to be protected, not even an indirect violation).

      There is much much more information on the FFII website, including

      -- all with links through to the original documents.

      Also worth reading is this open letter from 20 distinguished European professors of Computer Science about why software patents would be a bad thing:

      http://www.cs.chalmers.se/~bengt/petition.pdf
    18. Re:What's exactly the problem? by JPMH · · Score: 1
      s/constituate/constitute/

      Sorry for the attack of the George W.s

    19. Re:What's exactly the problem? by Bruce+Perens · · Score: 4, Informative
      You are not liable for damages before you are notified by the patent holder that you are infringing.

      It would be nice if that were true. It's not. Sorry. Perhaps you are confused about the Doctrine of Laches. That says that if you delay prosecution until it is advantageous to you, you may lose the right to prosecute. But laches is hardly a get-out-of-jail card. It's a hard case to make, and generally the delay has to be 6 years or more for the court to accept it.

      Bruce

    20. Re:What's exactly the problem? by sbwoodside · · Score: 1

      if there were strict software patent laws with very wide amendments regarding OSS implementations, the laws would effectively benefit OSS by discouraging proprietary implementations. The problem is that the strong IP advocates would never accept such wide amendments, except perhaps by mistake, as they would be their worst nightmare.

      Yes ... it does seem as though amendments that would give OSS exemption from software patents would actually give OSS an advantage vs. proprietary software. It would be like carte blanche to circumvent patent protection through OSS. Companies like IBM that earn all their money through service and support might do very well.

      Does that throw a bit of a pall over the whole idea of special rules for OSS?

      simon

    21. Re:What's exactly the problem? by Jason+Earl · · Score: 1

      Even if you are correct in your interpretation (and I don't think you are), then it would be easy for any commercial software company (or anyone with a patent) to close down any Free Software project. Heck, if the guy that owned the "method for swinging Tarzan-like on a swing" patent said my software infringed on his patent then I would probably have to shut down distribution of any free software that was claimed to infringe the patent. Even if the claims were ridiculous I could not afford to fight in court, and I certainly couldn't risk that some court with agree with him.

      Software patents are bad for all small-time developers irregardless of whether they create Free Software or commercial software.

    22. Re:What's exactly the problem? by blakestah · · Score: 1

      No, you are right. That is a time bomb. The only recourse is for an author to ask all potential companies for any patents that may infringe before beginning to distribute a project.

      It's kinda like a minefield. You can ask all the big players where the mines are, and expect to know about most of them, but you can never be sure you will find them all. And, if you miss one, oops, there goes the house.

    23. Re:What's exactly the problem? by Bruce+Perens · · Score: 2, Insightful
      They don't have to tell you. Usually, they won't. They'd rather hide their cards. Submarine patents, ones that you didn't expect and then surface later, are legal. Lots of people view them as a money-making strategy.

      And have you tried a patent search lately? Many software patents are so poorly descriptive of the invention that you are never assured that you're finished searching.

      Bruce

    24. Re:What's exactly the problem? by Daniel+Phillips · · Score: 1

      I am afraid I don't get what the problem is, other than it sounds like "double-speak".

      It doesn't just sound like double-speak, it is double-speak. The paragraph claims that monitoring "will guarantee against any adverse effect of the Directive" but does not support that claim in any way. It's just rhetoric, meant to create a pretence that software patents will somehow not harm free and open software, contrary to the experience and evidence we already have.

      --
      Have you got your LWN subscription yet?
    25. Re:What's exactly the problem? by Daniel+Phillips · · Score: 1

      Hi Jamie,

      Then perhaps it would be appropriate to point out to the MEPs that the proposed mechanism would not actually product Open Source developers, and to lobby for a mechanism that _would_ specifically protect the needs of European open source developers even if it granted software patent rights in general?

      I would not care less if all the closed source developers get wrapped up in patents, so long as open source developers are allowed to share our work.

      That even seems like quite a fair compromise: Voluntary disclosure of your secrets in exchange for not being bound by the patent system. After all, there is no need (or justification) for patents to provide an incentive for disclosure or trade secrets, among those who voluntarily disclose their trade secrets anyway.


      With a patent, you supposedly disclose your secrets in return for which you get a monopoly on the use of them. So disclosing secrets isn't the problem, it's the right to use them we're worried about.

      To recast your proposal in way that fits the patent situation better: free software developers would promise to forgo any profit from certain software creations, in return for authors and users of the software being free from paying royalties for, or being restricted in the use of the software.

      That would satisfy me, personally. Even better would be to forgo the software patent stupidity altogether, as it is a net drag on society. But like you, I feel it's the business software interests creating their own private hell, and it is their responsibility to do something about it, not ours.

      On the other hand, there must be enlightened business organizations somewhere that can see through the badness that is coming. If they want to sponsor open software representatives to help represent their interests, that's also fine.

      --
      Have you got your LWN subscription yet?
    26. Re:What's exactly the problem? by Daniel+Phillips · · Score: 1

      ... it does seem as though amendments that would give OSS exemption from software patents would actually give OSS an advantage vs. proprietary software. It would be like carte blanche to circumvent patent protection through OSS. Companies like IBM that earn all their money through service and support might do very well.

      Does that throw a bit of a pall over the whole idea of special rules for OSS?


      Not from the point of view of authors or users of the software. Sure, IBM would rather be gauranteed the inalienable right to profit, by law, but it is not in the interest of European society to grant them that right in this case.

      It's much better all round if IBM earns its profits instead of being granted them. Better for IBM too, I'll venture to suggest.

      --
      Have you got your LWN subscription yet?
    27. Re:What's exactly the problem? by Bruce+Perens · · Score: 1
      OK - I figured out what they have to tell you about. If you are not aware of infringement, you pay real damages as determined by the court and the plaintiff's possibly-fictional account of how much they lost on your account. If you are made aware of the infringement, you pay punitive damages which can be greater than real damages.

      Bruce

    28. Re:What's exactly the problem? by Cro+Magnon · · Score: 1
      They don't have to tell you. Usually, they won't. They'd rather hide their cards. Submarine patents, ones that you didn't expect and then surface later, are legal. Lots of people view
      them as a money-making strategy.


      I'm sure they ARE a money-making strategy. Carrying a loaded gun into a bank could be a money-making strategy too.
      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    29. Re:What's exactly the problem? by mkldev · · Score: 1
      But who watches the watchers?

      --
      120 character sigs suck. Make it 250.
    30. Re:What's exactly the problem? by Ben+Hutchings · · Score: 1
      The rule in Europe right now is good, there's no software patents, there's no risk at all for individuals, SMEs, and open source in general.

      Wrong! Even though the rules say that software patents are not allowed, the European Patent Office will happily grant them as long as they describe a computer running the software rather than just the software (which of course makes no difference). It is not even necessary to describe how the software works; an outline of what the software does appears to be sufficient so long as it's couched in the proper terms. What's happening now is an attempt to legitimise the EPO's policy.

      See the European Software Patent Horror Gallery for some examples of existing European software patents.

    31. Re:What's exactly the problem? by Sloppy · · Score: 1
      For example, allowing strong software patentability and then relieving any OSS implementations from patent claims would actually make OSS a better choise than proprietary!
      Disgusting. OSS shouldn't need to get an advantage by special-case treatment. OSS should be able to compete on value.

      You're looking at things as Free Software vs Proprietary, and that's fine, but the Software Patent Problem is bigger than that. You will find plenty (likely, a large majority) of proprietary software creators who will stand by you in saying they don't want competition to be limited by software patents.

      Do not go to war with proprietary software makers over patents (and making special exemptions for OSS is such an act). Most of them are your allies in the fight against monopolists. After this fight is done, other differences can be settled.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    32. Re:What's exactly the problem? by magi · · Score: 1

      You will find plenty (likely, a large majority) of proprietary software creators who will stand by you in saying they don't want competition to be limited by software patents.

      I agree.

      Do not go to war with proprietary software makers over patents (and making special exemptions for OSS is such an act). Most of them are your allies in the fight against monopolists.

      Good point. However, giving OSS implementations of patented algorithms an edge over proprietary implementations would benefit also makers of proprietary software, as they can use OSS implementations freely (if for example LGPL licensed), and concentrate on their speciality.

      However, not making special exemptions for OSS would give proprietary implementations a huge edge, as they can pay royalties, even if unwillingly. In practice, strong patentability threatens to destroy OSS altogether.

      Hence, having strong patent laws with appropriate exceptions would benefit both OSS and proprietary makers, except the ones playing with the patents.

      Of course, the current situation with no patentability for software is probably the best and safest choise.

  14. The False Prophet by Anonymous Coward · · Score: 0

    Graham Taylor, the False Prophet.
    Bruce Perens, the One True Voice of the Open Source Movement.

  15. Just to play devils adocate by Timesprout · · Score: 1

    Many people in these forums claims OSS is far more innovative that proprietary software. If this is the case they why the fear of patents. If you do the innovating you can take the patents and do what ever you want with them.

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
    1. Re:Just to play devils adocate by schon · · Score: 2, Insightful

      I'll ignore your straw man (and hence, troll) for a moment, but did you actually read the article?

      If this is the case they why the fear of patents

      Read the article. It sums this up quite nicely.

      Specifically, here's what you should be looking for:

      Since we do not collect royalties from the distribution of our own software, we have no funds to pay royalties to patent holders. Rather than sue us to collect money, expect patent holders to sue Open Source developers to restrain them from distributing their software or carrying out further development.

      While we can sometimes work around a patented algorithm that we know about, the Open Source developer is not able to defend himself from patent infringement claims, even invalid ones. In the U.S., the cost of a patent infringement defense often exceeds US$500,000

      We are especially threatened by royalty-bearing software patents that are embedded in industry standards. In many cases, it is impossible to achieve compliance with a standard without infringing upon the patented algorithms that are specified by that standard.

  16. Patents by Anonymous Coward · · Score: 1

    Software patents are good, it's just that most of the people working in patent offices don't have the knowledge to understand a broken claim and a valid one.

    I'm all for software patents, like a 10 year validity, but there has to be a resonable level on what can be patented. By that I mean, one-click stuff is too abvious, but it doesn't mean simple things shouldn't be patentable; as long as they are unique an valuable.

  17. Decompression is still allowed by UnConeD · · Score: 1

    I thought decompression was still allowed, or that's at least what IBM said a while ago. They might've taken a step back.

    The reason some open-source projects scrapped GIF support completely is because they don't want to use it, not because they can't. Unfortunately PNG is still foreign to most people ("eh? it's not as good as JPG or GIF!") due to crappy IE support. Even worse is MNG-support, which is mostly non-existant (the replacement for animated GIFs).

    If IE had full support for these two (with alpha channels and the works), I'm sure the 'regular' webdesign community would embrace them and never look back at GIF.

    1. Re:Decompression is still allowed by Bruce+Perens · · Score: 2, Informative
      The patent holder, Unisys never made it clear that decompression was allowed.

      Bruce

  18. I don't recall electing Bruce, either... by Patman · · Score: 3, Interesting

    I find it funny that Bruce claims that this guy is a 'fake'. I don't recall electing Bruce to any position representing me as a free software user.

    Graham's position may not be what I have chosen. It may not be what Bruce chooses, or what CmdrTaco
    chooses. But it sure as hell doesn't make him a 'fake' anything. Bruce speaks of the "Linux, Open Source and Free Software movements" as if we are one big group of people who all feel precisely the same way about everything - namely, the way he does. I'm sorry someone disagrees with you, Bruce, but it's a big world out there, and that's gonna happen.

    1. Re:I don't recall electing Bruce, either... by Anonymous Coward · · Score: 0

      I didn't elect the FSF either, but the views Perens is expressing are not radical or niggling. RMS, Linus (if not as strongly), and others have said similar things repeatedly.
      And like it or not, he is a leader in the Free Software world by virtue of both his advocacy and past contributions to various projects that basically everyone uses.

    2. Re:I don't recall electing Bruce, either... by Bruce+Perens · · Score: 4, Informative
      No you didn't elect me, at least if you aren't an SPI member. But I speak for a reasonable portion of the Free Software community. Graham has an opinion, but represents few (if any) of the Open Source and Linux developers. He has confused evangelism, which he is qualified to do, with representation, which he is not.

      Bruce

    3. Re:I don't recall electing Bruce, either... by agurkan · · Score: 2, Insightful

      Well no, we do not all precisely feel the same thing, of course not, just read /. from time to time. However there is a (although loosely defined) community that corresponds to "Linux, Open Source and Free Software movements". And that community has a general, repeat general not everybody's precise, opinion about software patenting issue. The point is not Bruce Perens represents this community better, it is that Graham claims to represent the community yet he contradicts the general opinion.
      OK, after writing this I felt like feeling a troll :-) because what I am saying is so obvious.

      --
      ato
    4. Re:I don't recall electing Bruce, either... by schon · · Score: 4, Insightful

      I find it funny that Bruce claims that this guy is a 'fake'.

      I find it funny that this is addressed in the article (as well as numerous times in the comments here), and that even though you (evidently) didn't read it, you still think you're qualified to criticize Mr. Perens.

      I don't recall electing Bruce to any position representing me as a free software user.

      You know what, neither do I.

      Perhaps that's why he doesn't claim to be. (He's always claimed to be an 'evangelist', not a 'representative'.

      it sure as hell doesn't make him a 'fake' anything.

      It most cetrainly does.

      When someone claims to represent the opinions of a group of people, and he doesn't - and in fact presents an incorrect view of the vast majority of that group, that's fake - pretty much by definition.

    5. Re:I don't recall electing Bruce, either... by (void*) · · Score: 1

      Then you should go help him. Correct him on some of his views!

    6. Re:I don't recall electing Bruce, either... by Bruce+Perens · · Score: 4, Informative
      We tried. The folks whose names are at the bottom of the alert contacted him. They got nowhere.

      Bruce

    7. Re:I don't recall electing Bruce, either... by watzinaneihm · · Score: 4, Insightful

      Remember that Bruce did not send a petition to anybody claiming he was a representative. What he did is that he posted a comment about somebody posing as a representative on his webpage
      In that sense all he did is same as what the parent poster (patman) did while he made the comment.He gave a disagreeing comment.
      If Bruce sent in a counter-petition then he probably is (indirectly) claiming to be something. All bruce says he wants is that a representative should atleast notify the Opensource/Free mailing lists.Seems reasonable.

      --
      .ACMD setaloiv siht gnidaeR
    8. Re:I don't recall electing Bruce, either... by Patman · · Score: 1
      However, there is a(loosely defined) community


      Right there, that's pretty much my point.

      Who makes up this community? Slashdot readers? Users? Developers? People who bought Redhat 9 in box form?

      There is no defined community, so neither Bruce nor Graham can claim to represent it. Bruce can be seen as representing those folks who don't want software patents, Graham as representing those who do. The "Linux, Open Source, Free Software" movement piece of the argument is really a smokescreen. Bruce and Graham are representing their opinions and interests. Bruce can represent SPI, as that's part of his role. Graham can represent Open Forum Europe, as that's part of his role. Claiming to represent 'the community' and calling anyone who disagrees a 'fake' is misleading at best.

    9. Re:I don't recall electing Bruce, either... by Anonymous Coward · · Score: 0

      And, make sure you carry a "Big Stick"(TM) to help him understand.

    10. Re:I don't recall electing Bruce, either... by ClosedSource · · Score: 1

      "He's always claimed to be an 'evangelist', not a 'representative'"

      From Bruce's post:
      "But I speak for a reasonable portion of the Free Software community"

      That sounds like a claim of being a representative to me.

    11. Re:I don't recall electing Bruce, either... by Sgt_Jake · · Score: 2, Insightful
      so neither Bruce nor Graham can claim to represent it

      And therein lies the problem - Graham has put his name on a bill that may become law, presenting himself as an official representative of the Open Source community. Graham is not, nor has he ever been anything more than an advocate. He is not a representative, and as long as his name is on that bill as such, he's lying. Bruce (and others) have asked him to correct this so that the community at large isn't misrepresented, he has so far refused.

    12. Re:I don't recall electing Bruce, either... by Anonymous Coward · · Score: 0

      Yeah, kind of like when trying to clear up that Microsoft at the eGovOS mess...

    13. Re:I don't recall electing Bruce, either... by Bodrius · · Score: 1

      Will ANYONE point me to the petition where these people claimed to anybody to be "representatives"?

      What they did was sign their name on a petition they agreed with.

      Are they wrong? Maybe, but it's not the point.

      Perhaps the biggest problem is that they included the first line of their mission statement with the signature as a description: "Initiative to accelerate the market take up of Open Source Software(OSS)".

      Is it silly? Yes.

      Is it pointless? Definitely.

      Is it really corny? Absolutely.

      Is it a problem to anyone that can read a dozen words in English and understand a simple sentence? NO.

      Apparently that demographic doesn't include Slashdot readers.

      I can just imagine the discussion between marketdroids and/or interns that led to that decision "for clarification".

      Probably went something like this:
      - We agree with this, it would be really cool to sign it, support it, and join the cool people behind this.
      - But no one knows who we are, how will they recognize us from the signature?
      - No one knows who GrowthPlus are, but they're signing all the same.
      - Growth who?
      - Exactly.
      - They're putting a description with the signature: "Europe's 500 fastest growing something".
      - That's it! We just given them a spin of who we are!
      - But who are we?
      - We're people supporting Open Source!
      - Yes, but that would be confusing. We're not all people supporting open source, we're not doing open source... we're just a specific group that wants to increase market share of Open Source Software.
      - Well, in this orientation thingie they gave me it says we're an "Initiative to market take up of Open Source Software (OSS)". We can put that.
      - That's it! A clear description of who we are. I'm so glad! That way no one will ever be confused.

      --
      Freedom is the freedom to say 2+2=4, everything else follows...
    14. Re:I don't recall electing Bruce, either... by Anonymous Coward · · Score: 0

      Or Eric Raymond or many others...

      Bruce generally is a whiner, this is just another example of such.

    15. Re:I don't recall electing Bruce, either... by sbwoodside · · Score: 1

      I support Bruce on this, and also I support his position that he speaks for the OSS community far more than this Taylor person, who I've never heard of.

      simon

    16. Re:I don't recall electing Bruce, either... by swordgeek · · Score: 1

      "Qualified," Bruce? When the very existence of OSS is anti-formalism, how do you declare someone as "qualified" or not?

      I tend to agree with you--this guy is slightly wacko. That said, he has every bit as much right to claim (regardless of the legitimacy of that claim) to be a Linux representative.

      Does he represent the majority's views? No, probably not.

      Does he represent his own views? Apparently so.

      Is there any requirement that he represent ANYONE'S views for him to declare himself a representative, spokesman, or grand high exhalted master? Nope! It's the OSS way, I'm afraid. A grey area between direct democracy and anarchy (both in the proper political sense).

      I suspect you'll have to suck it up and deal with this sort of thing as it arises. When there's no qualifying process, there's no restrictions on who can declare themselves qualified.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    17. Re:I don't recall electing Bruce, either... by alkali · · Score: 2, Insightful
      When the very existence of OSS is anti-formalism, how do you declare someone as "qualified" or not?

      The very existence of OSS is not anti-formalism. In particular, OSS relies very heavily on one particular formalism, the GPL.

      When there's no qualifying process, there's no restrictions on who can declare themselves qualified.

      We still have the social convention that words have meaning to fall back on. I can declare myself the king of Wisconsin and the greatest hitter who ever lived, and there is no "qualifying process" which gives anyone a legitimate claim to either title, but that doesn't mean no one can remark that my claim is inaccurate.

    18. Re:I don't recall electing Bruce, either... by Anonymous Coward · · Score: 0

      You didn't, but the Debian developers did once upon a time. Bruce is one of the few free software evangelists who has faced an election. As a former elected leader of a major project, it's fair enough that he describe himself as a representative of some people in the free software movement.

    19. Re:I don't recall electing Bruce, either... by Anonymous Coward · · Score: 0

      Perens flames and trolls the bowels of slashdot like the rest of us. One doesn't need special qualifications to go after him.

    20. Re:I don't recall electing Bruce, either... by maxpublic · · Score: 1

      Amen, brother. The thing I find most offensive about this conversation is that one bloke (in this case, Perens) thinks he has the authority to declare another bloke (Taylor) 'unqualified' to represent open source.

      Fact is, *no one* is qualified to represent open source - by definition. That's how things work. We listen to some people more than others, and those that gain our respect will often be able to sway our opinion. But the moment bloke #1 (Perens) goes around claiming that he gets to decide whether Taylor is 'qualified' or not, what little respect I have for the man disappears altogether.

      Bruce Perens is just a guy, like any other. He is no more 'qualified' than I am to 'represent' open source, if such a thing could even be done. The moment he exalts himself is the moment I choose not to listen to him at all anymore. And because this is open source, that's the only coin he can use for influence - no election, no endorsement, no rave reviews from other self-important folks are of any value in this strange little world.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    21. Re:I don't recall electing Bruce, either... by Zak3056 · · Score: 1
      Perhaps that's why he doesn't claim to be. (He's always claimed to be an 'evangelist', not a 'representative'.

      I find it interesting that both you and another user have made statements akin to the above in response to the parent, considering that Bruce Perens has also responded to the parent stating:

      No you didn't elect me, at least if you aren't an SPI member. But I speak for a reasonable portion of the Free Software community. Graham has an opinion, but represents few (if any) of the Open Source and Linux developers. He has confused evangelism, which he is qualified to do, with representation, which he is not.


      Now--to me, at least--that certainly DOES seem as though Bruce is claiming to be a representative, and not an evangelist...

      Not that there is anything wrong with that--in any system, SOMEONE is going to step the front and say, "follow me," and Bruce is more than qualified to do so.
      --
      What part of "shall not be infringed" is so hard to understand?
    22. Re:I don't recall electing Bruce, either... by mj01nir · · Score: 1

      Fine.

      Free / Open Source Software Representation Ballot:

      (*) Bruce Perens
      (_) That Other Guy

      OK, Bruce, that's one vote! :^)

      --
      the no .sig .sig
    23. Re:I don't recall electing Bruce, either... by schon · · Score: 1

      Now--to me, at least--that certainly DOES seem as though Bruce is claiming to be a representative, and not an evangelist...

      So, other than this, do you have any other references - say, ones posted before Patman's post? Before Bruce's informal reply to that (which appears to have been posted while I was replying.)

      Second, Bruce states here (again, informally) that he represents "a reasonable portion" of the Free Software community - and from the responses in this message, I'd say he was right. (There are even posts in here saying "Bruce Perens speaks for me on the subject of software patents.") Note he didn't say "I represent all OS developers", or anythign like that. From reading these comments, I'd say that was a statement of fact.

      Finally, do you have any references where Bruce Perens states to an external party that he represents the "Open Source" movement? You know, some document lobbying for something or other, where he claims to represent us? Didn't think so.

    24. Re:I don't recall electing Bruce, either... by BKX · · Score: 1

      In most forms of anarchy that people advocate (and are, in fact, anarchic), anyone who misrepresents a group can be instantly recalled by the people he's attempting to represent. Isn't that what Bruce is trying to do: remove a moron from his supposed position of representation and power for misrepresenting us. Bruce has made the call for us to rally to get this dude to stop misreprenting the majority of the opensource community; we should rally with Bruce for the cause.

    25. Re:I don't recall electing Bruce, either... by swordgeek · · Score: 1

      Well not exactly the King of Wisconsin, but someone once declared himself Emperor of the United States, (Norton I) and it stuck. Not bad for a lunatic. :-)

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    26. Re:I don't recall electing Bruce, either... by Anonymous Coward · · Score: 0

      simple solution - kill him......then we'll get a new rep - still up for the job Bruce?

      (BTW I'm only slightly sarcastic - and you'd be safe as houses Bruce)

    27. Re:I don't recall electing Bruce, either... by swordgeek · · Score: 1

      Hmm. Interesting. I can appreciate the call to arms then--if Taylor is misrepresenting the community, then the community can rise up and pull him down.

      However, that's not what Bruce has done here--he's trying to take this guy out by himself, because he (bruce) is a "better" leader. There should be no better or worse leaders in an anarchic system--only ones that the people do or don't accept.

      Or in other words, Bruce is the pot, Taylor is the kettle.

      Also, there's a problem with ANY form of political freedom which is more evident in anarchy--people are easily swayed by things other than facts. Bruce is working hard at using that to his advantage as a rallying cry.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    28. Re:I don't recall electing Bruce, either... by BKX · · Score: 1

      "people are easily swayed by things other than facts"

      I just wish that wasn't so true.

  19. OpenForum Europe investigation by aphor · · Score: 1

    Their website appears to be running Linux Apache with ChiliSoft ASP and FP extensions.. a Linux hosting service catering to Microsoft victims who purport to promote broader use of OpenSource software?

    I don't think anyone who allows FrontPage extensions to run on their web site should be taken seriously as a Free Software or Open Source advocate. Reason being that mod_dav is standard and competely servicable for the same function (except it doesn't support Microsoft FrontPage authoring AFAIK).

    It looks to me like this OpenForum Europe is a fly-by-night operation anyway. They have almost NO web presence, which belies both involvement and advocacy of existing Free Software and Open Source projects.

    --
    --- Nothing clever here: move along now...
    1. Re:OpenForum Europe investigation by m1chael · · Score: 1

      but they have 'open' in their name. what does forum mean?

      --
      I know you are psychotic, but please make an effort.
  20. The answer is staring us right in the face by bsdadmin99 · · Score: 1

    Who does this "open source representative" work for? What O.S.S projects have they contributed to. And most of all, who in the O.S.S community does respect him. Any hands? Even if he is authentic, would a judge order microsoft to release windows code just because a microsoft supported said they believed in it? Of coarse not, so why are we concearned about this O.S.S "representative".

    1. Re:The answer is staring us right in the face by thx2001r · · Score: 1

      Because there is no REAL one (and likely never will be given the nature of such incredibly different people worldwide contributing to O.S.S. projects).

      The European courts may believe that this guy is. If they are convinced otherwise (that this guy is not a representative), they will simply believe there is no organization at all and as such hose us all because there is no organization of people to present a united front of complaint (If there are 1 billion O.S.S. developers complaining, there are likely to be more than 1 billion unique and different arguments presented... legislators look for the large groups of uniform complaints to take seriously and the rest, they figure they can't please everyone no matter what they do).

      --

      -Joe
      If we're all god's children, what's so special about Jesus? - Jimmy Carr

  21. Please back off in the "false" label by (void*) · · Score: 2
    This is making you look bad, Bruce. It appears that your quarrel with this guy is that he has made a weak defense of OSS. Work with him, show some faith. Show him how to make the defense against offenseive patents better.


    Only label him false when all your positive advice is ignored.

    1. Re:Please back off in the "false" label by Bruce+Perens · · Score: 5, Informative
      Various European folks in our community have contacted him. He has replied with blather and generalities like "Europe is not going for a US-style patent system" to excuse himself. They appealed to me for help. Had they gotten any progress with him, I would not be writing the article.

      Bruce

  22. Behind the scenes.. by Anonymous Coward · · Score: 0


    Bill Gates: Hey Graham, how about supporting software patents?
    Graham Taylor: Blow goats, Gates! I 0wn you!
    Bill Gates: How about a new swimming pool at your house?
    Graham Taylor: Pound sand, Gates! I don't own a house, b14tch!
    Bill Gates: You do as of now.
    Graham Taylor: Make me your goatse.cx-boy, Herr Gates!

  23. I Know... by The-Bus · · Score: 1

    Maybne this is the guy that stole Bruce's laptops at Linux World... although that could be one of 7,000 people.

    --

    Small potatoes make the steak look bigger.

  24. Pls mod my original post for this at linux.com by BillsPetMonkey · · Score: 1

    Which is where this article was poached from. With all this news redundancy my RSS feeds are all starting to look the same.

    --
    "It's not your information. It's information about you" - John Ford, Vice President, Equifax
  25. Patents cost money by subzerohen · · Score: 1

    So just because I innovate I get a patent automatically? No. I have to pay money. Lots of it.

  26. Re:Bruce Parens Who? by Anonymous Coward · · Score: 0

    This is a joke right? If you never have heard of Bruce Perens - go type his name into Google.

  27. Speech by zmooc · · Score: 1

    What we all should realize is that patents on software often involve patents on ways to communicate. When I create and publish e.g. an image, it's a way of communication. So is a button on a site with certain functionality behind it. So in these cases software patents in a way abridge free speech and therefore should be considered illegal.

    --
    0x or or snor perron?!
    1. Re:Speech by iplayfast · · Score: 1

      Nicely put!

      Patents on software is like putting patents on thoughts or music or math or logic. It shouldn't be done.

    2. Re:Speech by Crowley · · Score: 1

      >Nicely put!
      >
      >Patents on software is like putting patents on
      >thoughts or music or math or logic. It shouldn't
      >be done.

      Software algorithms - the "patentable unit" of software - are a way of getting from point A to point B via a set of well defined, logical, steps. As a CPU is pretty much something able to work with numbers, what is the difference between a software algorithm and a mathematical proof? i.e. why should software be patented when mathematical proofs aren't? If we can (but arguably shouldnt) patent software processes, why don't mathematicians feel the need to protect their discoveries with patents? It's not enough to answer this with "they can't; the patent office won't let them", the fact that the patent office doesn't accept patents on mathematical discoveries is surely an indication that no-one's tried to patent one.

      So, my assumption is that although software is based on mathematical principles (and is arguably intrinsically mathematically based) it is the fact that software produces something "tangible" (a process to translate a few logically connected numbers into some other, logically connected numbers) that allows a patent.
      This, to me, is very worrying; what if the person who came up with matrices had patented them; after all, they are a convenient way of transforming a set of logically connected numbers into another set of logically connected numbers via a process (algorithm).

      Analogies are generally flawed, but this isn't really an analogy, it's a parallel - we have start states, both of which are described the same way. We go through some "process" to get to an end state, both of which can be described in the same way.

      Why, then, should one be patentable, and the other not? Or rather; why should software discoveries be treated any differently to mathematical discoveries given the apparent parallel between the two.

      --

      --
      Caffeine fault: operator dumped
  28. Where did he came from ? by OMG · · Score: 2, Interesting
    From an article on The Register:

    'Speaking to The Register earlier today Graham Taylor said the organisation's aim was to "move Open Source forward in the business world," and that there would be a formal launch in February. He said that although mistakes had been made over Unix, "Geoff and Phil were among the people who stood up and said 'this is nonsense.'" And he apologised profusely for sending out the press release in Microsoft Word format. "I am in the process of being converted," he shamefacedly told The Register'

    I think Mr. Taylor needs to learn a few more things.

    1. Re:Where did he came from ? by m1chael · · Score: 1

      but i made it in openoffice, in windows... ;P

      --
      I know you are psychotic, but please make an effort.
  29. I'll bite by knowledgepeacewi · · Score: 1

    No open source software project can afford to pay the patent holder for their discovery.

    Therefore, even if half the innovations in the world are done by OSS, the other half would be cost based. And therefore unaccessible to the OSS community for the specified number of years.

    Also note, the patent process is an expensive one that an independent OSS software guru probably doesn't want to bother with. This leaves it open for commercial interests to claim as their own. In many cases, the OSS software guru can't afford the Lawyers to dispute the claim.

  30. A classic short by dubbayu_d_40 · · Score: 0, Offtopic

    Stay long and prosper!

  31. Who does Mr. Taylor work for ? by joss · · Score: 1

    Having recently read "Toxic sludge is good for you" [strongly recommended] I am very curious about where the funding for OpenForum comes from. It seems deliberately ambiguous about where it gets funding or what it does, which gives a whiff of the PR industry. It is fairly standard practise for PR firms to form organisations with misleading names purely to put forward viewpoints beneficial to certain special interests. Does anyone care to refute this ?

    --
    http://rareformnewmedia.com/
  32. Enforcement against open source by salesgeek · · Score: 1

    Industry is held back from attacking open source is the following two reasons:

    * Fear of prior art. Very few software patents are new ideas. Very, very few represent a novel use of an existing idea. The last thing someone wants to do is invalidate their patent and have to deal with 50 people with licenses for said patent.
    * The GIF patent is not a template for how to use your intellectual property for gain and profit.
    * Bad Press reduces ROI on good marketing.

    --
    -- $G
  33. This Happens All The Time by Romothecus · · Score: 5, Insightful

    This sort of thing happens with environmental and consumer issues all the time. Corporations fund groups that, on the surface, appear to be grass-roots, citizens organizations (real activists call them "Astro-turf" lobbies.)
    For example, the "National Wetlands Council" presents itself as a citizen lobby that is concerned about the environment, but in relaity it's sponsored by the oil and real estate industries who want turn wetlands into shopping malls and drilling sites.
    "Keep America Beautiful" is funding by the bottling industry and sponsors anti-litter campaigns while lobbying against any kind of mandatory recycling for the corporations.
    "Consumer Alert" fights government regulations of product safety.
    Massive industries funding what basically corporate front-groups is no surprise. Someone find out where that guy's funding come froms - I bet he has several large software companies behind. Since the average person, even the average legislator, doesn't undertsand the Open Source movement, it's easy for corporations to obscure the issue like this.

    1. Re:This Happens All The Time by Anonymous Coward · · Score: 0

      The "Partnership for a Drug-Free America" is funded by Alcohol & Tobacco companies...

    2. Re:This Happens All The Time by Anonymous Coward · · Score: 0

      even the average legislator, doesn't undertsand the Open Source movement

      I'm quite certain that every legislature understands completely what the "open source movement" means to "protecting their way of life". The notion that you must turn a profit to motivate innovation, has been revealed to the world as a big fallacy, as the open source development model so effectively demonstrates.

      Patent's and IP law tend to hurt innovation, helps the profits of corporations and extends the life of what should be legacy product and industries and the actual inventor/producer as Courtney Love so eliquently puts it, gets screwed. The only people who are for the current state of IP law, is government(censorship/control), lawyers, Corporations who hold/hand IP and ceo's and some market players, Everyone else should be vehemently oppossed to current IP laws, since it criminally inflates profits and it squeezes out the rest of the market and it squeezes out your purchasing power as a consumer.

      The drug companies buy for cents on the dollar drug patents which we the taxpayers pay for in research funding. As if this wasn't criminal enough, the outragrious prices they charge for the medication sold in the usa is higher than every other country by law and not only that, but chances are the product is not even as good as the previous medication that was perscribed to ppl before the doctor read in his medical journal how this new drug has "new and improved treatment" vs. "old flavor of windows. Capitalism and Consumerism has bankrupt America.

  34. Re:moron being 0k with patentdead takeknowledgee by RenaissanceGeek · · Score: 1

    You are, I hope, aware that this post doesn't parse.
    "bullow"? "va"? "corepirate"? "lairIE"? "takeknowledgee"???!??
    Use ENGLISH, for crying out LOUD!
    Even allowing for the obvious substitutions (below, via, corprate...) All of your "cleverness" simply OBSCURES any coherent thought that you wished to express in this post.
    This is a political issue. (all legal ones are, really). Address such issues in the language of the PEOPLE (NOT the 'L337) if you really wish your ideas to be considered seriously on such issues.

    --
    What is the difference between a small revolutionary change and a large evolutionary change?
  35. Re:Awww, poor Brucie by quax · · Score: 1

    Maybe because this matters?

  36. being set adrift buy hosting pings by Anonymous Coward · · Score: 0

    truth is, you can have the font plague disabled, & your site still shows damnned as being used. the guise over in marketeering .controll never sleep you know?

    far as icann tell though, cars still come with ashtrays, which doesn't make all drivers of same smokers. however, if you fill your ashtrays with FUDge flavored cyanide?

    some folks can't afford to buy T1s/server farms, etc..., but should still be able to .communicate?

    1. Re:being set adrift buy hosting pings by Anonymous Coward · · Score: 0

      I love you, man!

  37. Patents already impeding progress by John+Ineson · · Score: 2, Insightful
    In case you had any doubts, patents are already hurting open source. Daniel Philips describes "patent chill" (fear of infringing on one or more patents) as the main reason for ceasing work on Tux2, a promising, phase-tree based filesystem project.

    This is a bad situation getting worse. The problems created by the US patent system being extending to Europe increases the risk of open source being gradually left behind, as new and important ideas are patented throughout most of the western world.

    Don't hope for companies to do the "right thing" -- remember they have a moral obligation to their shareholders to develop every possible asset. Free software can only survive if prolonged, exclusive access to critical ideas simply isn't on offer.

  38. Re:Bruce Parens Who? by Anonymous Coward · · Score: 0

    He likes to post on slashdot so much that he made dozens of accounts with variations on his name, ending with a period, etc.

  39. Business decision by SolemnDragon · · Score: 5, Insightful
    Congressional representatives assume the same thing- that written letters represent voting percentages. And as much as they love to have money on their side, and money wins elections- the money follows the people, as well. People who write letters to congress are likely to vote with their wallets as well as their words.

    And it's a mistake to think that a few hundred letters won't help turn a tide. I live in MA. And my representatives send me form letters when i write in. But sometimes those form letters reflect that i'm definitely among a large number writing in... when i wrote to protest ANWR drilling... i got back letters explaining that the reps i wrote to "Won't let down the many concerned citizens," in the vote on the issue. (and they didn't.) Politicians know that they can get voted out of office- and that for every letter written, a chunk of money has just been allocated for or against their campaign, and in many cases they can look at the donation balance sheet, see which companies support or don't support the decision, and go for money from the companies supporting the decision LEAST likely to infuriate their constituents. Granted, it doesn't always work, it's not an ideal system. But a few tips for writing to congress:

    always list the bill that you're concerned about, if you know the official title number.

    stick to one issue per letter.

    don't use form letters. If there's a service that will write them for you- and there are many online- see that you edit out catchphrases and change the wording enough to make it an original letter, not a 'boilerplate.'

    Send it by mail if you can- physical mail means a lot.

    USE YOUR ADDRESS. they need to know that you're a registered voter in their constituency.

    be polite and to the point, and tell them that you are discussing the matter- and their response- with your friends, family, coworkers, anyone who will listen. That's gotten me much more personalised responses.

    don't be afraid to call, fax, write to thank them after the vote, or express your disapproval with their vote, after the issue is voted upon.

    I know that special interest groups have lots of power, and that's why we should support the ones who support the issues that we care about (like the EFF or the DEN) but we also have a strong voice, wehn we choose to use it, as individuals. If we don't speak up, we can't argue when our reps cave in to special interests with no dissenting voice from the public. And if there's one thing slashdotters are great at, it's dissent!!! (yay!!!!)

    1. Re:Business decision by Skjellifetti · · Score: 3, Interesting

      All of this is great advice. But it gets even better. I spent a summer working for as an intern on Capital Hill. One thing I learned is that, for an issue where the average voter doesn't really care or pay attention and which is likely to be under the radar of the average Congressman (i.e. software patents), two or three hand crafted letters can make a huge difference. It doesn't take two or three hundred letters to make a Congressman pay attention to your concern. A few individuals can have a disproportionate impact in this situation.

      Of course, the key phrase here is "under the radar." Don't expect to have the same influence if you are writing about abortion, gun control, or tax cuts. But I do encourage you to write on the larger issues. You will still an impact, but the impact approaches zero as the number of people who care approaches infinity.

    2. Re:Business decision by rifter · · Score: 1

      when i wrote to protest ANWR drilling... i got back letters explaining that the reps i wrote to "Won't let down the many concerned citizens,"

      That sounds like a distortion to me. After all, the reps in massachussetts have never been friendly to this sort of thing. Try sending them letters for something they (and their bribers/lobbyists/pet special interest groups) don't already support and see what you get.

    3. Re:Business decision by Anonymous Coward · · Score: 0

      Sorry, but here we are talking about EU, and NOT about USA (MA in your case)

      Here, at least in Spain, politicians (and even more being the PP ones) clean what you know with all the letters you send them

    4. Re:Business decision by GQuon · · Score: 1

      And if there's one thing slashdotters are great at, it's dissent!!! (yay!!!!)

      Nay! I totally disagree with that!

      --
      Irene KHAAAAAAN!
  40. What Part Do We Understand? by SEWilco · · Score: 2, Funny

    "We" "need" "a" "representative"?

  41. Re:Bruce Parens Who? by Sgt_Jake · · Score: 1
    You're kidding, right?

  42. Parent not a troll by Frothy+Walrus · · Score: 1

    Follow the link to ADL, it's legit.

    1. Re:Parent not a troll by eyeye · · Score: 1

      No its not legit, nothing on the Anti-Defamation League site is legitimate.
      The ADL is an organisation dedicated to trying to look like a respectable source of information when it really seeks to decieve.
      Anyone who is familiar with Scientologys similar front organisations will know exactly what I mean.

      --
      Bush and Blair ate my sig!
    2. Re:Parent not a troll by rifter · · Score: 1

      No its not legit, nothing on the Anti-Defamation League site is legitimate.
      The ADL is an organisation dedicated to trying to look like a respectable source of information when it really seeks to decieve.
      Anyone who is familiar with Scientologys similar front organisations will know exactly what I mean.

      Either you should adjust your tin-foil hat, or qualify your statement. What is the ADL a front for? This makes as much sense as the people who claim the ACLU is involved in a plot to destroy our civil liberties, and smells like a canard to me.

    3. Re:Parent not a troll by Anonymous Coward · · Score: 0

      Just a quick glance makes it look like a LOAD of bs. Elsewhere on their list of "hateful numbers" they list "311".

      Not only is 311 NOT a bunch of white supremecists, they have, in fact written a number of songs AGAINST racesism and violence.

      "311" is the police code for indecent exposure in Omaha, nothing more.

      The ADL is just slandering an innocent, and seriously kickass band. The fuckers should FOAD.

    4. Re:Parent not a troll by rifter · · Score: 1

      The ADL is just slandering an innocent, and seriously kickass band. The fuckers should FOAD.

      And you need to take a chill pill. Granted 311 is a pretty good band. But the ADL never said that they are racists. Quite the opposite in fact.

      From the ADL page:

      The eleventh letter of the alphabet is the letter "K"; thus 3 times 11 equals "KKK," or Ku Klux Klan. 311 is sometimes used as a greeting to demonstrate membership in the KKK or simply sympathy with the Klan and its ideology. There is also a popular rock band with the name "311" which is not at all hate-oriented.

      Symbology is a funny thing. After all, the pentagram as far as I can tell was originally a symbol used by the followers of Pythagorus (Yes, the A^2 + B^2 = C^2 guy. He also advocated a diet of beans and water, apparently, among other things.) But somewhere along the line witch-hunting christians associated it with worship of the devil and witchcraft. Nowadays there are any number of people who se the symbol for any number of reasons; some say they are witches and do not worship the devil, others say they are not either, and some believe they worship th devil.

      Saying a number or symbol is used by a given group is not the same as saying it always means that. To you and I 311 means a band. To some skinhead in idaho (who probably does not know of Pythagorus) it is a symbol that has a special meaning.

      The meaning of a symbol is largely in the eye of the beholder. The swastika was an ancient indo-european symbol of life until it was perverted by the nazis. Now most people associate it with hatred and death. None of this is an indictment against the ADL.

  43. Holy Moly! by Anonymous Coward · · Score: 1, Funny

    Is it just me, or are fully half the comments on this thread from Bruce Perens himself? I'm not faulting him for it, and I agree with the thrust of his article, but he sure does put the "active" in "activist", eh?

    1. Re:Holy Moly! by Anonymous Coward · · Score: 0

      The fact that someone this knowledgeable actually takes the time to solve doubts even to trollish comments without losing his nerves, just makes me respect him more as a person.

      And I'm not some Perens' fan, in case you wonder. Actually, I stole his laptop :)

    2. Re:Holy Moly! by Nucleon500 · · Score: 1

      Or perhaps his comments were the only ones you saw, because they get modded up. Because people agree with him.

  44. Re:maybe not accidental? by Anonymous Coward · · Score: 0

    Who's the troll here, exactly? Methinks you meant to mod the parent...

  45. No comments by m00nun1t · · Score: 1

    No need to comment. Someone else will comment when it gets duped later today.

  46. Bruce an authorized Open Source representative? by On+Lawn · · Score: 2, Interesting

    Is this a corporation? What process is there to decide who representatives are? I think to call Mr Taylor(?) a false representative is just Bruce's usual rhetoric that really doesn't get it.

    I still rember the first article that crashed slashdot. Bruce had made a troll so bad (good?) that Slashdot ranked up over 1000 posts, many calling for Bruce to step down in his "official" leadership position.

    Well Bruce stepped down, only to lead those that followed on some Maddona like "new fashionable" organization after another. In a short time He had created two (three?) more organizations where he was the leader only to remove himself from all of them.

    I think Bruce has done a fair job helping companies open their products (although for the life of me I don't know a one that he's actually gotten opened) don't get me wrong. But calling another advocate "false" becuase you think they don't agree with your position is immature. Thinking that your position represents "Open Source" simply means you don't get it.

    1. Re:Bruce an authorized Open Source representative? by thx2001r · · Score: 2, Interesting

      Well, fine, but you are killing the messenger in this case.

      Mr. Taylor wasn't on the general ballot for "Representative of the entire O.S.S. Community"... perhaps he was and we just missed the election (he might have been the only person voting, in which case, I suppose he is the elected Representative)?

      --

      -Joe
      If we're all god's children, what's so special about Jesus? - Jimmy Carr

    2. Re:Bruce an authorized Open Source representative? by On+Lawn · · Score: 1

      Mr. Taylor wasn't on the general ballot for "Representative of the entire O.S.S. Community"

      My problem is, that title was given by Bruce in complete straw-man fashion. There is no such title, Bruce should know better.

      you are killing the messenger in this case.

      Messengers would do wise to not embellish their messages with undue inflamatory accusations. Once again Bruce has thwarted what would otherwise be a very good point with the inclusion of pecking order pettyness.

    3. Re:Bruce an authorized Open Source representative? by thx2001r · · Score: 1

      Well, by your logic "There is no such title, Bruce should know better", there is no TRUE "Open Source Representative". Therefore, wouldn't Mr. Taylor be a "False Open Source Representative" (as Bruce titles his article on his web site)? Do you think it would be less imflammatory to you and many others if Bruce had named his article "Puported Open Source Representative..." or "Who is this supposed Open Source Representative..."

      Incidentally, the article to /. was not posted by Bruce. The person who posted it chose to accentuate the "False" in quotation marks... Wouldn't that person be the one embellishing their point?

      --

      -Joe
      If we're all god's children, what's so special about Jesus? - Jimmy Carr

    4. Re:Bruce an authorized Open Source representative? by On+Lawn · · Score: 1

      Well, by your logic

      I never understand why people say that. Nothing ever follows those words but misunderstanding. If it were understood then there wouldn't be a question of logic.

      wouldn't Mr. Taylor be a "False Open Source Representative"

      That is only vaccuously true. His status of "open source rep" seems only to be of concern to Bruce who has many times asserted himself as a representative of open source.

      you think it would be less imflammatory

      You really don't get it do you. Its right there but for some reason your stuck on this OSR title. There is no title. Don't even use it. Mr Taylor isn't, Bruce should know better, and after these posts one would figure you would too.

      Incidentally, the article to /. was not posted by Bruce.

      He was quoting Bruce directly (hence the quotes). His opening sentence calls Mr Taylor either a misguided or "False" open source representative.

    5. Re:Bruce an authorized Open Source representative? by thx2001r · · Score: 1

      In Bruce's article (and the links from the articles) you can see that Bruce was almost directly quoting one of his sources used for his article regarding the OSR title (that of course doesn't exist, I understand this, I was never unclear on that).

      In the following quote (a link from Bruce's article that he calls one of his sources): the people who publish the article (ffii.org) call Mr. Taylor, and I quote:

      "In a "Joint Statement of the Industry", directed to the Members of the European Parliament (MEPs), the presidents of various industry associations, including Graham Taylor from the "Open Forum Europe" as a representative of the Linux/Opensource world, asks the legislators to ensure..." Source

      After reading Bruce's article and the material he used as his source, I can only conclude that Bruce was bringing to the attention of people who read his web site that someone is being represented as an OSR (the people representing Mr. Taylor as an OSR are ffii.org)!

      Since there is no OSR, I think Bruce feels this is false (he is entitled to, after all, it is an article on HIS personal web site (where he represents his opinions, if you don't agree with them, no one is forcing you to read them, right?), not some sort of press release to the world. THAT was done on /. by the user who posted this story (/. user Onno and the Editor who posted the article, CmdrTaco)).

      Regarding "He was quoting Bruce directly (hence the quotes). His opening sentence calls Mr Taylor either a misguided or "False" open source representative." he was not directly quoting Bruce. What I was referring to is that the title of the /. article places the word "False" in quotation marks while it is not that way on Bruce's web site (he (/. user Onno) altered the structure by adding quotation marks to embellish his point of the word "False".)

      Hence, as I said:

      "Incidentally, the article to /. was not posted by Bruce. The person who posted it chose to accentuate the "False" in quotation marks... Wouldn't that person be the one embellishing their point?"

      --

      -Joe
      If we're all god's children, what's so special about Jesus? - Jimmy Carr

    6. Re:Bruce an authorized Open Source representative? by thx2001r · · Score: 1

      One more question, you say that "His status of "open source rep" seems only to be of concern to Bruce who has many times asserted himself as a representative of open source."

      Clearly, there is no such title (I never claimed there was), does it bother you that ffii.org claims there is? You stated that it is only of concern to Bruce because of his belief that his is one. Do you think it could potentially concern other people without Bruce's political agenda?

      --

      -Joe
      If we're all god's children, what's so special about Jesus? - Jimmy Carr

    7. Re:Bruce an authorized Open Source representative? by On+Lawn · · Score: 1

      Since there is no OSR, I think Bruce feels this is false

      Its difficult to tell. Certainly you are allowed to give Bruce the benefit of the doubt. But it seems to me that Bruce feels he is false the same way he felt various organizations had strayed from the true path and started his own. To me its clearly ideological differences that drives his his focus in such pecking-order politics as this point.

      What I was referring to is that the title of the /. article places the word "False" in quotation marks while it is not that way on Bruce's web site

      Precious little difference since its clear Bruce is maligning Mr Taylor as a "false" OSR (Bruce's words), don't you think? It wasn't in doubt in the first two paragraphs of your post. Thats simply my point, Bruce is conjuring up strawmen when he alludes to Mr Taylor as an OSR.

      Where the ffii.org people label him as a representative is suspect, and while they probably do not know better Bruce should. Some people simply don't split the hair between "liason", "translator" and "representative". They should be educated on the point, and Bruce is certainly capable of that. But instead Bruce gets ego-tripped up on the point and it foils what otherwise would have been a good piece.

      Bruce is certainly welcome to his opinion. How fashionable it is to defend a poorly constructed op-ed piece however with a flag of free-speach. How useless it is to wave it in people's faces as if they didn't already know that. To point out that his belayings are couched in counter-productive rudeness and inflamatory allutions does not in any way attempt to take away someone's right to an opinion.

    8. Re:Bruce an authorized Open Source representative? by On+Lawn · · Score: 1

      does it bother you that ffii.org claims there is?

      It does. I won't discount that. And while the opportunity for misunderstanding is great when its used, one shouldn't take that misunderstanding and run with it.

      Its better to educate them, and translate what is probably just a difference in buisness/political speak between two different cultures.

  47. DEFINITELY not accidental by sam_handelman · · Score: 1

    In the original article - which shows no signs of slashdotting - we see:
    For example, the IEEE 1394 FireWire standard

    While in the article posted to slashdot, we see:
    For example, the IEEE 1488 FireWire standard

    Now, unless you believe that Adam retyped the entire article by hand, it is clear that he copied the article and then deliberately changed the 1394 to 1488.

    He may be saying that he's saying that the firewire standard is fascist, like changing the S in MS to a $ (M$), rather than making a white power statement on his own part; I've read some of his other stuff and have not noticed white supremacist comments.

    --
    The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
    1. Re:DEFINITELY not accidental by Bruce+Perens · · Score: 3, Informative
      I fixed the typo on my own site after Adam copied the article.

      He's really the last one I'd suspect as a crypto-fascist.

      bruce

    2. Re:DEFINITELY not accidental by Anonymous Coward · · Score: 1, Informative

      What is your problem mr jewish supremacist?
      Dont look over anyones shoulder at an ATM because you might get arrested when you try to arrange a lynching for some poor soul who has 1488 as his pin number.

  48. Loose Terms... by BubbaTheBarbarian · · Score: 3, Insightful

    We...

    Us...

    Them...

    We are using these terms just a bit too loosely all the way around here. I like the idea that Bruce is taking a stand that he feels is in line with the OSS community. However, it would have been better if he had done the same as is suggesting others do and mail the lists first telling them what is about to go down. Freewheeling responses and open flamewars between party's claiming to be "right" is what the OSS community is trying to get away from. I wish the article had his credentials on the front end so we know who he is and why he feels he CAN rep OSS.

    This is in no way a critique of his efforts on behalf of OSS, but like many here, I like to know why someone feels they can talk for me before I give the okay that they can. Just because Taco says "go here and be loud" does not mean I am going to.

    Bruce's arguments are well thought out in the line of support of no software patents. However, that is a split issue even in OSS in some areas (look at Click and Run from Lindows). The strife is only beginning, and if the OSS community does not soon agree to open dialog, all of the progress made to this point may be for naught. Rational thought and conversations should be tools, not flames and accusations.

    "Some users have it coming...I am just the delivery mechanism."
    -The BOfH

    1. Re:Loose Terms... by Bruce+Perens · · Score: 1, Interesting
      Lindows says they are not seeking a patent on click-and-run.

      Bruce

    2. Re:Loose Terms... by Bruce+Perens · · Score: 1
      I would have done this differently if it wasn't down-to-the-wire. Given that there's about a day until the vote, I wanted to get this out without rallying the usual suspects to sign on to it first. Then, I would have been on a better foundation to say "we".

      Bruce

    3. Re:Loose Terms... by BubbaTheBarbarian · · Score: 1

      We'll see. They made a big point of emphasizing the differences between CnR and other updaters. Why go to the trouble unless you're going to fight off the hounds later. CnR is an example where it is not a method that would be protected, but the actual code behind that method.

      Certain things, like compression and encryption for example, are code methods, and should be shared for the greater good. However, if I code an easy to use compression program (for example, and yes, I know about this really neat program called gzip), why shouldn't I protect it? Who is to say that my right to protect my work is legislated into invalidity from the very start? If I want to share it, I will, simple as that. If I think there is a profit to be made, then who knows...maybe I won't. The point is that it should be left to me.

      "Thank you for coming...see you in hell!"
      -Apu

    4. Re:Loose Terms... by BubbaTheBarbarian · · Score: 1

      Okay, I can live with that call. :) Good work.
      -Bubba

  49. Re:Bruce Parens Who? by MSTCrow5429 · · Score: 1

    No, I'm not. I read Tom's Hardware, Ars, The Reg, etc. I've never heard of Parens before. Except for Parens calculator.

    --
    Slashdot: Playing Favorites Since 1997
  50. Re:moron being 0k with patentdead takeknowledgee by MrRudeDude · · Score: 1

    For a "Renaisance Geek", you sure are tough on a guy using voice recognition. Take it easy, just because this guy has carpral tunnel or whatever, is no reason to exclude him from the exchange of views and ideas that makes slashdot great.

    Once you read it out loud, it's no worse than the average post here.

  51. Dissent (was: Business decision) by Anonymous Coward · · Score: 3, Funny
    ...And if there's one thing slashdotters are great at, it's dissent...
    That's not true.
  52. Yes there is by twitter · · Score: 1

    Bruce's one page letter, the article you read, is a fine summary. Within it, in two or three paragraphs, he explains that software patents will be used to thwart free software development and restrain competition in software. How's that for a summary of a summary?

    --

    Friends don't help friends install M$ junk.

  53. this is great by Cyno · · Score: 1

    I think the EU should shoot itself in the foot and pass all the DRM/software patent laws they want. In fact they have my vote.

    The faster you screw over your population by passing laws the quicker we can get his all over with. We know that DRM and software patents and legislation to allow monitoring or deny spam and other forms of internet traffic are detrimental to this global network that our economies rely upon. And I think it would be a good thing to put up firewalls on the boarders and block the free flow of information to increase profits. Because money is what we live for, it is the true meaning of life.

    There I found the answer you have all been looking for.

  54. Re:Hi, I'm Bruce Peren's... by Anonymous Coward · · Score: 0

    The sad thing is, we'd actually take the retard seriously if he went out and bought himself some speech therapy lessons.

    My GOD man, what a whiny, twitchy, nervous bitch he came off as in that silly, stupid, geekfest known as "Revolution OS".

  55. ObDilbert by Amazing+Quantum+Man · · Score: 1
    they need a summary that says what would happen, what's at stake and what their individual countries could lose out from if these patents are implimented. Has anyone worked on this

    Software Patents are Bad

    Oxygen is Good

    I like Jello(tm)

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  56. What action has been taken? by Ahaldra · · Score: 1
    I see a lot of papers and "demos near the european parliament" on ffii.org , but what pressure has been unleashed directly onto the members of the european parliament?

    What did we do that affected the real world?

    Did Mr. Perens send a fax to all the members of the EU parliament stating in short terms (mind you they are quite busy)
    "mr. taylor is NOT a representative of OSS community - disregard Open Source Community approval for software patents"
    then run down a number of obvious reasons why software patents are bad. eg:
    - they impose a too high "market entry fee" on newcomers
    - that hurts small and medium businesses big time by giving big guys to much leverage to crush them.

    Anyone care to elaborate?

    --
    Code is Speech. No to Censorship.
  57. Graham deserves a different label. by twitter · · Score: 1
    I'd call Graham Taylor a shill or dishonest, but that would be rude. It's possible that someone understood the benifits of free software last year and managed to get industry co-operation. It's unlikely that such a person would then advocate patents and refuse to work with established free software groups. It would be outrageous if such a person would be held up by any government agency as representative of free software organizations. That's what shills are for.

    Let's see if we can think of a better term rather than simply bitch about the one that was used:

    • fruadulent
    • industry represntative
    • imposter
    • Potempkin
    • neophyte
    • mislead or dishonest (I like this one)

    Anyone who's put much thought into the matter knows that patents on numerical algorithms, aka software, are bad for everyone.

    --

    Friends don't help friends install M$ junk.

  58. Slashdot agrees by allolex · · Score: 1

    I've also informed the European Parliament government that Graham Taylor has the full support of the Slashdot Community. You cooperation is appreciated.

    --

    Allolex

  59. are you so -put-what-you-want- to understand ? by Anonymous Coward · · Score: 0

    hello folks

    more and more comments are far away from the real problem and bruce doesn't deserve it.

    You can say what you want he has a story in OSS, that is not the case for a lot of us, and let me just say that, pushing OSS in a corporate environment is HARD to say the least.

    the fact is this man (Graham Taylor ) will talk for us/you and i don't like that.

    sometime i feel that somes like bruce waste their
    time trying to explain things to people that don't want/are unable to understand.

    anyway keep up the good job Bruce, we (should I says I) need you.

    nezdebois

  60. Contacting the EU by GreyPoopon · · Score: 2, Interesting

    Bruce, have you attempted to contact anyone in the EU to express these same concerns? It would seem that perhaps implying intention to deceive prior to the vote would either get the vote delayed for an investigation or at least make people reconsider their position. I understand that you have to be careful about accusations, as we don't know whether this is deliberate deception or simply a case of being misinformed.

    --

    GreyPoopon
    --
    Why is it I can write insightful comments but can't come up with a clever signature?

  61. Free Source != Open Source by jdfox · · Score: 1

    RMS is nothing to do with Open Source Software: he's an advocate for Free Software, and you can read why here.

    The difference is more than just semantics. Even if you support OSS, it's important to be aware of the distinction between Free and Open Source.

  62. What? by yanestra · · Score: 1
    I (German resident) was surprised reading the article. Three questions appeared in my mind:
    1. Who is Bruce Perens?
    2. Who is "Mr. Taylor"?
    3. Who is "EU government"? (Nothing such alike does actually exist.)
    I think a certain person has consumed too much of his favourite drug...
    1. Re:What? by Cederic · · Score: 1


      1. You're possibly the only person on Slashdot not to know. Google him.

      2. That's the point of this entire article.

      3. That'd be the people who were elected to go and sit in the European Parliament and make laws about banana curvature and the correct units to use for weighing them. I voted for my MEP, did you?

    2. Re:What? by yanestra · · Score: 1
      Hm.
      1. Bruce Perens is a well-known representative of Open Source who is known by nobody but himself?
      2. "Mr. Taylor" is a man with no first name that nobody, including Mr. Perens seems to know? And nobody knows a name of a gathering where this man has been seen?
      3. There is nothing like a European Union government. There is a parliament. There are commissions. But the institutions Mr. Perens cares to cite don't exist?
      Would you agree?

      In this case, might it be possible that Mr. Perens is a creation of himself, and all his news together with him are nothing than hot air?

  63. mod parent up by sbwoodside · · Score: 1

    precisely

  64. Some background on Graham Taylor by jdfox · · Score: 2, Insightful
    1. Re:Some background on Graham Taylor by musicmaster · · Score: 1
      I doubt he is this footbal guy. Some searching on the net gives that he came to Uniforum/interforum from ICL. At ICL his last job was director of the smartcard business. He did that from june 2000 until mid 2001.

      After that he started his own consulting business: Fonteau Business Associates, that seems to be a one man show.

      I once researched the financials of the dutch organisation that claims to represent opensource here in Holland: the VOSN. Their main income was from some big corporations and the government and their main expenses were to some "experts" who charged about 150 dollars an hour for writing some reports. (Their financial information seems to be offline now.) The VOSN too had in the past some dubious remarks about software patents.

      I see both OpenSoftwareEurope and VOSN as started by software consultants who discovered that some money was to be made in open source. When they have questions that they don't know they won't contact any of those underpaid volunteers who wrote it, but instead they call their marketing friends at IBM.

      This doesn't mean that these organisations are bad. Actually, it seems that the VOSN has worked towards a broader basis after the upheaval caused by its software patent opinions. Lets hope we can teach OpenSoftwareEurope too.

    2. Re:Some background on Graham Taylor by jdfox · · Score: 1

      I was only kidding about the football part: I should have affixed a :-).

      The rest was serious though.

  65. Look closely, the site is really propoganda. by Anonymous Coward · · Score: 0

    Really, the question is not who is Bruce, or who represents the OSS community or even the merits of software patients. Really, the question is, what are Graham Taylor's intentions?

    After reviewing the site, IMHO, it's clear this site is clever marketing aimed at spreading FUD among senior managers. It's clear that this needed to be brought to the attention of the community of open source software developers and end users. It's also clear we ought to thank Mr. Perens for doing so.

    Thanks Bruce.

    eof

  66. Goes to show... by pclminion · · Score: 1
    I gained great respect for Bruce Perens for his handling of the whole HP fiasco. He seems pretty level headed. But this goes to show that Bruce can be just as idealistic as RMS, albeit in his own way.

    More than a few Open Source developers work day jobs for companies who hold software patents. These patents supposedly protect the livelihood of those at the company. I don't think it's unreasonable to expect that at least some of these developers will have sympathy for software patents.

    Just as the readers of Slashdot do not share a "hive mind" (although many trolls like to claim it), the international community of Open Source developers do not all think alike, even in regard to software patents. To claim that the vast majority of developers are against patents, and that the remaining few are either misled or dangerous enemies, is pretty pompous and arrogant.

  67. Ok then... by Anonymous Coward · · Score: 0

    I patent the whole concept of allowing electronic hardware being able to take input from human interaction devices such as keyboards, keypads and any device that translates movement of an object into information, and the ability to store that information on persistant information storage devices and the ability to manipulate that information in any way conceiveable, and the ability to show information on display screens or hardcopy printing machines.

    There.

  68. Sounds like a bunch of whining to me. by Anonymous Coward · · Score: 0

    Explain to me why you can't patent your open source software, allow others to use it, and just NOT sue?!

    1. Re:Sounds like a bunch of whining to me. by Anonymous Coward · · Score: 0

      If you say you won't sue, everyone is relying on you NOT to sue. Someday, you may be offered a shitload of money and cave in. Then everyone who uses your software is up the creek.

  69. No, *I'm* the real Bruce Perens by Anonymous Coward · · Score: 0
  70. Re:Bruce Parens Who? by pommiekiwifruit · · Score: 1
    This is a joke right? If you never have heard of Bruce Perens - go type his name into Google.

    Bruce Parens and Bruce Perens are both involved with open source, according to google. I guess that must confuse some people.

  71. Explanation by sbwoodside · · Score: 4, Informative

    1. Software patents are currently not allowed in Europe.

    That means, that in Europe there is no Amazon One-Click patent, no SCO lawsuit, no Charles Northrup or this, this, another one from Bezos patenting web ads, a Bezos patent on discussing products online, software versioning, submarine patents, AOL...

    2. This law will allow software patents if it passes.

    3. It has a clause that would monitor the effects on OSS, and maybe, if negative effects are decided to be happening, try to limit those effects.

    4. Some dude nobody's ever heard of claimed to represent OSS community and said it's a good idea.

    5. Some other dude said the dude in 4 is full of it in a posting on his home page.

    6. said posting got slashdotted

    7. You are here.

    1. Re:Explanation by snol · · Score: 1

      The SCO lawsuit isn't a software patent one, rather it's copyright-related. If there actually is infringing code in linux then it's prosecutable in Europe too.

    2. Re:Explanation by sbwoodside · · Score: 1

      oh yeah, doh.

      simon

    3. Re:Explanation by JPMH · · Score: 2, Interesting
      1. Software patents are currently not allowed in Europe.

      FWIW, the European Patent Office is now granting most software patents.

      This draft law would confirm that what the EPO is doing is legal.

      But other amendments have been proposed, which would make software patenting much more difficult again (how things used to be).

      These other amendments desperately need support and lobbying.

      See this post for more of the ugly detail.

    4. Re:Explanation by sbwoodside · · Score: 1

      I particularly like this link that you posted:

      http://www.cs.chalmers.se/~bengt/petition.pdf

      It's a petition by 31 prominent european computer scientists outlining in clear and concise language why software patents are a bad idea. (Here's some news coverage)

      Basically what it boils down to are two things:
      - patents aren't needed because software is protected by copyright (unlike other patentable inventions, which can't be copyrighted)
      - patents on software will affect emphemeral methods and thoughts, culture and society ... ... well I can't explain it well. Read the letter it's only one page in plain english.

      simon

  72. Re: Mohammad Al-Sahaf informs YOU!!! by Anonymous Coward · · Score: 0

    I have not heard anything more pathetic since
    the rise & fall of the middle-east.

    I triple garantee you that Software Patents
    will mean the end of open-source ...eventually

    Where is RSM when you need him?

    M. Al-Sahaf (IT Minister, Oil for Code program)

  73. Reminds me of a fundamental schism by goodchef · · Score: 2, Interesting
    This reminds me of a fundamental schism among open source / free software / linux developers. On the one hand, there is the group that holds strong political views, and believes that software patents will hurt open software developers. On the other hand are the developers who just want to release code, and don't worry or care about the legal ramifications terribly much. This can be seen in the GNU Emacs / XEmacs split. (more info here and here).

    And as usual, both groups think the other is giving open source a bad name. (not trolling, just my observation).

    --

    "Inflammable means flammable? What a strange country!" -Dr. Nick, The Simpsons

    1. Re:Reminds me of a fundamental schism by Bruce+Perens · · Score: 3, Insightful
      Well, not worrying about the legal ramifications much works great, when nobody else is worrying about them either. The problem is that we are living in a world where people are thinking about new ways to lock down the software industry to their own advantage, and are going to court about it. Not worrying means not protecting yourself.

      Richard predicted much that is now happening when he started the GNU project in '84. This was most poignant when DMCA and then the Hollings bill were proposed. What might have sounded like paranoia before, started to look a lot more like common sense.

      Bruce

  74. The core problem with software patents.... by Hamster+Lover · · Score: 2, Insightful

    is they block POTENTIAL more than anything else and thus future creativity.

    If Lego were analogous to software, the Lego bricks would represent individual instructions in the software. Someone has the bright idea to patent combinations of bricks that achieve a useful result. There is nothing new in this at all, you HAVE to create something useful out of the pieces or you are creating nothing at all (or art). Anyone who wanted to create something incorporating that brick combination would be prohibited from doing so, even though the useful result may be different from yours.

    This is the root problem with a softare patent; You're working with a finite resource, instruction sets, that can be combined in an infinite number of ways to create a useful result.

  75. My reasons by Martin+Spamer · · Score: 1


    My reasons to oppose patents.

    Patents promote existing monopolies, hinder fair competition and completely bar new entrants.
    The huge back catalogue of Patents significantly favours established patent holders, mainly US Corporations.
    European Industry would be forced to pay royalties to existing Patents holders, mainly US Corporations, without a corresponding income.
    European industry would be the forced to pay royalties often for ideas designed and developed in Europe but patented in the US.
    This would damage the European Software Industry competitiveness on a global scale.

  76. Thanks by GrimReality · · Score: 1

    Let me first thank you for clarifying Linus' statement.

    Secondly, let me thank you for pointing out that in our community we need more than one representative. Linus, RMS and ESR are probably the most conspicuous ones.

    The reason I make this post is that these points are always under-estimated. Points that makes us different from the the Microsoft* herd. (I suppose)

    Disclaimer: I am not affiliated in any way to Linus, RMS, ESR or Microsoft (although I am a fan of the first three).

    Thank you for understanding.
    GrimReality
    2003-05-06 16:48:45 UTC (2003-05-06 12:48:45 EDT)

  77. Re:moron being 0k with patentdead takeknowledgee by Anonymous Coward · · Score: 0

    You really think that words like "liesense", "corepirates", and "patentdead" are the result of voice recognition software? Voice recognition with an agenda, I guess.

    That aside, you're right, the guy you replied to is a fucking idiot, and the guy who started this thread is not.

  78. The money? by Anonymous Coward · · Score: 1, Insightful

    Somebody really should look into who's standing behind this guy. Not like someone(s) we'd all know wouldn't stoop to creating a Trogan organization to get the job done.

  79. this is pissing me off by sbwoodside · · Score: 1

    The commentary on this story is pissing me off. I thought slashdotters didn't like patents? Here's a perfectly good example of how to actually do something about it, and slashdotters are trying to shoot the messenger. Give me a break.

    simon

  80. Sigh by dubbayu_d_40 · · Score: 1

    no one gets it...

  81. We told you he was false by WhiteDragon · · Score: 4, Funny

    Nasty wicked tricksy falsesoftware patentssess! We hates them.

    --
    Did you mount a military-grade, variable-focus MASER on an unlicensed artificial intelligence?
  82. Ha! Parent post is an impostor! by Anonymous Coward · · Score: 0
    1. Slashdot moderators are nothing if not sycophantic.
    2. Parent post says it's from "Bruce Perens"
    3. Parent post is not modded to 5.
    Therefore, it must be an impostor.
  83. Will the real open source representative... by Savatte · · Score: 0, Troll

    please stand up?

  84. Who gets to speak for me? by fw3 · · Score: 1
    First, I don't really see where in the PDF this guy is claiming to represent OSS in general (as if such a thing were possible).

    Now zealotry from someone in the Debian arena is hardly a surprise. I know deb for:

    • Questioning whether Linus's kernel tree is pure enough to coexist with their "social contract"
    • Thinking it can do a better BSD than the existing 3
    • being the platform for the Hurd?
    • (unintentionally) spawning other ill-concieved projects such as "TrustedDebian" founded by someone who's not got the sense to check in with the Deb project for use of their TM.
    • Pushing 'deb' as the one and only best solution and focussing on writing non-portable deb-specific code
    • Running about the 'net proclaiming that GPL 'trumps' patents where the two are mixed (?? a license of unknown legal standing takes precedence over a codified/legal IP construct??)
    And of course all that's just a subset of the FSF noise. "information wants to be free" "patents are bad" ... ho-hum.

    As I've pointed out before on /. a patent does exactly what GPL does, exchanges the disclosure of the details necessary to practice an invention or idea. Yes the details differ, Patents are used to grant a temporary monopoly, GPL is (nominally) forever.

    Looking on another side of the OSS fence, OpenBSD refuses to consider GPL'd JFS and uses decidedly (imho, ymmv) inferior Kerberos & AFS implementations on the basis of license/patent stances.

    Well all these people are quite free(tm) to run thier projects however they want. I'm not all that enamored of the numerous duplications of effort, but it's their projects and while I certainly have views on the damage done by zealotry and politics, I know my views probably aren't gonna change the stances.

    However. When Mr Perens wants to claim to speak for the community at large. Well I'm sorry. Yes we all like a slugfest/catfight but at the end of the day I mostly care about the systems I work with running on a daily basis.

    As Mr Perens says himself: "One problem we have in holding off software patents is that we have little damage to show so far. Although at least one company has made its plans clear, there has been little prosecution of Open Source developers for patent infringement to date"

    Now I assume that "one company" is SCO and I've observed that Mr Perens is happy to look askance at IBM for the purposes of the current discussion?. While proclaiming that the sky will soon fall, in spite of the fact that the company with the largest patent inventory in the world is also the one most often hailed as a positive force in OSS?

    I'm sorry but Patents (software and otherwise) are part of the landscape. Yes some crap gets past the examiners, this is no different from any other legislation, or government regulation.

    However the OSS 'community' seems to be in general denial on this. I don't see software patents going away, and the EC seems to be taking an oss-friendly approach. And no Mr Perens does not speak for me on this (or any other) issue.

    --
    Linux is Linux, if One need clarify their dist: <Dist>/GNU Linux
    bsds are of course just BSD
  85. Patents help closed-source by Anonymous Coward · · Score: 2, Informative
    I am working on evil closed-source for a large company (not the one you are thinking of) and know for a fact that we are violating several patents held by different companies, including the "phase tree" one that shut down TUX2 I think. We hope to get away with it because the closed nature of the code and the fact that nobody talks about it, and that the engineer's jobs would be impossible if they were not allowed to violate the patents. I would also guess that we are violating dozens or even hundreds of other patents we don't know about. Nobody even considers going to the patent holders, best guess is that it is not worth anybody's time in lawyer fees even if they agreed to grant us license, and they probably wouldn't because any price we could afford would be too low and would set a precedence that would dilute the value of the patent to them.

    I can see how patents worries can completely stop open-source development while it appears they don't really stop closed-source. And I would agree this is unfair.

    Conversely I am not sure if I would panic so much. Surely Linux violates many hundreds of patents, it is just impossible to write working code without violating patents. And you can probably do just what we do and ignore it.

  86. Software Patents = Patents on Math/Logic by slipstick · · Score: 3, Interesting

    I have no formal training in CS but I've been coding for years and read extensively. My understanding is that an algorithm can be reduced to a mathematical construct(addition, subtraction, equality etc.). As such it behooves the proponents of software patents to show that all math is patentable. Last time I looked this still wasn't the case.

    This ranks right up there with patenting genes.

    They are discoveries not inventions. Imagine the chaos if we had allowed patents on the structure of the atom. "Look I've discovered the structure of gold. Anyone wanting to use gold must pay me in, umm, well platinum! Yeah that's it!"

    Now the expression of that algorithm in software may be copyrightable(a different debate) or the wiring of it in hardware may be patentable.

    I think that at the very least all software patents must express themselves in the underlying mathematics of how they operate. As such it would be obvious to any second grader that it's not a patentable object. If someone can come up with a way not to use this inherent attribute in an algorithm, well than that would be patentable.

    Similarly the method/machine used in the discovery of the structure of a gene or substance would be patentable. That is the purpose behind patents and not simply patenting something just because you got there first.

    "Look that big bright orange object in the sky I will call the sun. I patent the sun. Everyone wanting to use the sun must pay me in gold!"

    --
    Sure information wants to be free, but how much are you willing to pay for the packaging?
  87. Bruce can speak for this SME owner by MickLinux · · Score: 1

    I can't say that I am a developer, though I have assisted very lightly in one or two items.

    But I am an OSS user. And I do have a SME, and I believe that software patents are a very bad idea, especially for open source, but also in their own right.

    And I do trust Bruce to represent me quite well. I wish he would, since I, having an SME that is a little too S, cannot afford to go, either in terms of time or of money.

    I think that if it is possible to affect this, now is definitely the time -- but that said, part of me believes that this is all fixed. At least in America, it would be. Maybe Brussels is different.

    [PS : to be technically correct, I am not an owner. My wife is. However, I am training my wife in how to run the business, as well as 3 other people. So I am kindof the ghost in the machine. Therefore, I can speak of the SME as "mine" in a way that is very true.]

    Also, I should mention that we do prepublishing. Good luck in getting rid of the software patent, though!

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  88. Re:Bruce Parens Who? by Sgt_Jake · · Score: 1

    (it's entirely possible I'm missing some kind of joke here, or a spelling mistake somewhere or something, but I'll bite anyway...)

    His name is Bruce Perens. Not Parens.

  89. Garbage by FredFnord · · Score: 1

    If you patent something and then issue a license saying 'Anyone can use this freely, and if I change the terms of my license then you can choose which version, the old or the new, to use', then anyone can use your work freely without any chance that you will change your mind, because you cannot legally 'unsign' that contract once you've signed it.

    There are only two barriers to doing things like this: one, it costs money to patent something, though not as much as people think. Two, most of the software patents that people are worried about come FROM the commercial software industry, and what free software advocates really want is to be able to use this work whenever they want to without paying for it.

    Admittedly, a lot of the time the things that are patented are obvious or silly, and/or were come up with independantly. And that's bad. But don't make it out to be the heroic Linux kernel hacker coming up with something really cool and then having a corporation see it, copy it, and patent it, because that's a pretty rare phenomenon.

    -fred

    --
    Sign #11 of Slashdot overdose: You see the phrase 'moderate Republican' and you wonder if that would be a +1 or a -1.
  90. Sue him? by gr8_phk · · Score: 2, Interesting

    If this guy claims he's representing a group of people when he's not, they should be able to sue him. Especially if the EU decides to allow software patents. Oh right, you're not organized enough and don't have the money to pursue legal ends. Isn't that what the EFF is for? Where are they in all this? I know they don't want this legislation passed either, but what about going after this guy for misrepresenting himself?

  91. moron by Anonymous Coward · · Score: 0

    You are a moron, stanmann. You totally miss the point. Obviously you love to talk just to hear the sound of your own voice. Shut up if you don't have anything intelligent to say.

    1. Re:moron by stanmann · · Score: 0

      And you are a tool and a Coward.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
  92. Further background by JPMH · · Score: 1
    To get an idea of the significance of the CULT and ITRE amendments, consider the current practise of the European Patent Office (to be OK'd, if the McCarthy draft goes through).

    According to the European Patent Convention (1973), "computer programs ... as such" were to be specifically excluded from patentability. However, according to the latest EPO guidelines software innovations are now patentable, if they have a 'technical character', beyond just being run on a computer:

    A further technical effect which lends technical character to a computer program may be found e.g. in the control of an industrial process or in processing data which represent physical entities or in the internal functioning of the computer itself or its interfaces under the influence of the program and could, for example, affect the efficiency or security of a process, the management of computer resources required or the rate of data transfer in a communication link.

    Just about any kind of software design or process is therefore now apparently deemed patentable by the EPO, if it can be defended as having any kind of rational justification or identifiable practical usefulness. (Note that the exact nature of "technical character" is never defined. Apparently it's something you just know when you see it.)

    The width of EPO patentability is borne out by considering a selection of some of the patents that the EPO has granted in recent years:

    http://swpat.ffii.org/patents/txt/ep/index.en.html #pubjar

    So, when in the letter Mr Taylor calls on MEPs to support the McCarthy draft proposals, because they "confirm the current scope of patentability" and would be "integrating the long-standing approach of the European Patent Office", this is effectively a call to confirm almost unlimited software patentability.

  93. stanman: you're a freaking moron. SHUT UP! by Anonymous Coward · · Score: 0

    Put down the CRACK PIPE and STEP AWAY from the KEYBOARD!

    1. Re:stanman: you're a freaking moron. SHUT UP! by Anonymous Coward · · Score: 0

      Oh, GFAD.
      Moron... Egads, WTF. I can tell you are intelligent, coherent and have many wonderful things to add to this discussion. Thank you for sharing. Let us know how tall you are, so we can tell the height of arrogance.

  94. STOP POSTING CRAP stanman! by Anonymous Coward · · Score: 0
    Stop posting all this crap, you idiot. You're severly diluting the quality of the conversation. If you bothered to think before you post, you'd realize you have nothing useful to say, so SHUT UP!

    YOU DO NOT NEED TO REPLY TO EVERY MESSAGE!

    Stop it. You're an asshole.

    The stuff you're posting shows you're an idiot. Posting more DOES NOT correct that impression, it only reinforces it.

  95. Dupe. Sorry. by GQuon · · Score: 1

    Sorry for the dupe. The nesting was showing this and this with the same indentation. I thought nobody had answered.

    --
    Irene KHAAAAAAN!
    1. Re:Dupe. Sorry. by orius_khan · · Score: 1
      Sorry for the dupe. The nesting was showing this blah blah blah. I thought nobody had answered.

      Your apology is accepted. It was indeed imperative that the appropriate ironic reply be posted regarding that line. If no one had posted that obvious joke, mass chaos would have ensued...

      (and the terrorists would have won! buh dump bum chink!)
      --
      Sometimes the best solution to morale problems is just to fire all the unhappy people.
  96. No, no, no .... by Anonymous Coward · · Score: 0

    *I* am the true voice of Open Source! The little voices in my head tell me so!

  97. Management by SamBC · · Score: 1

    As a coder, this is how I see the role of management in my workplace - they shield me from the ignorance of the world, and represent me to the outside. So I can get on coding.

    Or at least, that's how it should work, when management are good, but that's beside the point. It is definitely true that the opensource/free software community(ies) needs management-style representation. Not to tell us what to do, but to be our buffer against the outside world, translating back and forth. This is why, IMO, such representatives should not be highly active contributors to the codebase. They are blinded by the coding, to a certain extent.

    Please, feel free to disagree with me - this is just my interpretation from my own experience.

  98. Re:Bruce Parens Who? by MSTCrow5429 · · Score: 1

    It's not a joke, thank you for correcting my mistake. Now if only trolls would stop marking other people as trolls simply because people like me take the time to try and find out who someone is that they've never heard of before and if they're reliable sources...

    --
    Slashdot: Playing Favorites Since 1997
  99. go read a book by Anonymous Coward · · Score: 0

    while the information presented is certainly nice to know (though rather not interesting for anyone outside us), there's a fine example of wrong wording (as many working in this field seem to show once and then):

    as the number of people who care approaches infinity

    this is certainly wrong, as the total population of earth is far from infinity (unless you redefine it as "more than i can count in an hour or so"). if you want to know about infty read something about exponential functions. if you want to know why the total population of the universe is zero read the hitchhiker.

    1. Re:go read a book by Anonymous Coward · · Score: 0

      Because something in reality is unlikely to approach infinity does not imply that you can't derive the theoretical limit as if it actually could.

  100. why is that a weakness? by sbwoodside · · Score: 1

    That is the problem with Open Source Software. There's no command structure, no CEO, no shareholders, nobody to 'officially' speak for us.

    I'm not ready to say it's a strength, but I don't think it's a weakness either. Open source is the first culture that embodies the principles of the internet. The end-to-end principle is at work, when OSS (and FS) developers collaborate from other ends of the world, never meeting. OSS routes around damage by flaming lusers out of the community, trashing bad code, and constantly changing/improving the source base. OSS brings in the network effect to have many eyes make shallow bugs.

    A leader would imply a single point of failure. While many people consider Linus to be a deity, he in fact does very little decision making himself and by his own words delegates as much as possible. RMS may be an important evangelist but it's his message not his personality ... that matters.

    I see OSS as being fundamentally decentralized. Who needs leaders? Everything is open for everyone to see, we don't need people to tell us what to think because we are all, constantly, broadcasting and then aggregating.

    simon

  101. my vote by Anonymous Coward · · Score: 0

    (*) Bruce Perens
    (_) That Other Guy

  102. Re:Who does Mr. Taylor work for ? by Qef · · Score: 1

    It get's its funding from it's members, who are mostly big companies interested in the business benefits of free software.

    Graham Taylor himself http://www.fonteau.com/