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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.

29 of 402 comments (clear)

  1. 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.

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

    IEEE 1488 should be 1394.

  3. 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 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.

    2. 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.

    3. 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

    4. 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

    5. 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

    6. 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

  4. 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?

  5. 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

  6. 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!
  7. 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 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

    3. 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

  8. 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.
  9. 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.

  10. 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

  11. 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

  12. 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.

  13. 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

  14. 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
  15. 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.

  16. 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
  17. 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!!!!)

  18. 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.

  19. 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?