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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.

21 of 402 comments (clear)

  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 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!
    2. 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!
  2. 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 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"
    2. 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
    3. 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.

  3. 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 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

  4. 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)
  5. 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.

  6. 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.

  7. 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

  8. Re:Loose Terms... by Bruce+Perens · · Score: 1, Interesting
    Lindows says they are not seeking a patent on click-and-run.

    Bruce

  9. 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.

  10. 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?

  11. 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

  12. 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?
  13. 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?

  14. 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.