Slashdot Mirror


EU Parliament to Vote on New Patent Rules

peter_sd writes "The Register has an article discussing the implications to the open source community and small software businesses of the new software patent law to be voted on tomorrow by the EU parliament. According to the article, it is very likely the new patent law will be accepted despite its grave consequences."

252 comments

  1. Bye-Bye Linux by Anonymous Coward · · Score: 0

    "...the new patent laws would effectively make the use of Linux within the EU a crime..."

    I guess all of you America-bashing socialists will have to stop complaining about Clinton's DMCA now.

    1. Re:Bye-Bye Linux by Anonymous Coward · · Score: 0

      Kindly post the offending sentencd goatse

  2. What we need... by Anonymous Coward · · Score: 5, Interesting

    People to get software patents and license them ONLY for use in GPL'd software. It would be similar to making copyright into copyleft.

    1. Re:What we need... by Anonymous Coward · · Score: 2, Interesting

      You mean we should now PAY to have some overkill copyright protection ? The cost of a patent in Europe is somewhere around 5000, no independant developer can afford this kind of registration.

    2. Re:What we need... by arth1 · · Score: 4, Insightful

      The only way to prevent an obvious patent only submitted for future litigation purposes is to beat the lawyers to it.

      What we need is a good site for registering "prior art". Where peoplee in the open source communities (and everyone else with an interest) can submit their ideas along with proof of a working implementation to prevent patents to be applied.

      It would double as an open idea bazaar, where people can submit and draw from ideas of others.

      Anyone think this could work?

      Regards,
      --
      *Art

    3. Re:What we need... by Anonymous Coward · · Score: 2, Interesting

      We need a pool of prior art, but even more than that we need a pool of defensive patents.

      IP holders can use their patents to countersue when a claim is made against them. This immediately puts open developers at a disadvantage... even if there's prior art to defend against previously-developed ideas[1], there is no way to defend against obvious ideas that have been patented.

      [1] Even though "ideas" were ostensibly once non-patentable, that's obviously not the case anymore.

    4. Re:What we need... by Arandir · · Score: 1

      Then you couldn't use the patents in such Free Software as Apache, XFree86, Python, much of KDE, etc. And if the patent laywers were anal enough, they wouldn't let it be used in in the Linux kernel either, because with its exception it's no longer 100% pure GPL.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    5. Re:What we need... by undetrerbrucke · · Score: 0, Redundant

      You make a serious point. Newsclips of late have portrayed European governments as highly sympathetic to the needs of their local economies. I doubt the EU can survive the damage to their credibility if they pass this and Munich et al. gives them the bird. Despite zealots, governments in Europe at every level have a huge interest in seeing that Linux thrives. It's a home grown OS for them and an enormous chunk of Europe (15%) depends on Linux. Europeans will get along only if the EU isn't pulling stupid stunts that hurt individual member states. Corporate influence is much weaker because of this dynamic. Laws are for people with no friends.

    6. Re:What we need... by Anonymous Coward · · Score: 1, Interesting

      I have another idea, there should be a system of "anti-patents", where idea and inventions are specifically registered that they are in public-domain.

      Instead of paying fees for registering patents, people awarded anti-patents should be given appropriate monetary reward (by government) for contributing to mankind.

      This, I believe, should at least provide some incentive for small inventors(that might be searching for bounty), or academic researchers in universities to race and secure ideas for everybody else.

      Anyways, its kind of ridiculous we praise so high about "innovation" when most of it is done only under incentive for private benefit, while selfless contributions to the public are mostly gone unrewarded, maybe even unknown.

      Maybe this idea has been proposed before, I don't know.....

    7. Re:What we need... by Groote+Ka · · Score: 2, Interesting
      If you can't beat them, join them. I've said that before here.

      However, check the country you want to start your lawsuit. UK is 300.000 Pounds, rest of Europe is cheaper, in some countries even 80% cheaper.

      Start there, win, continue up to more expensive countries

      How to collect the money for patent attorneys and lawsuits to get your patent and enforce it? Set up a foundation/ association and collect money from other idealistic software developpers. And I'm sure there are also patent attorneys around who will work for less for this case (sorry, not me, my contract allows me to only work for my own employer)

      When you do this seriously, I am sure you can scare the sh?t out of a lot of companies.

    8. Re:What we need... by sploxx · · Score: 1

      A problem with this is, that it commits OSFS developer's resources to patent research and not to development!
      It is merely a temporary solution.

    9. Re:What we need... by Peter+Harris · · Score: 1

      I don't know that we need one specific site to register prior art, but
      maybe we need to evangelise another benefit of opening your source code, for
      those of us who work in industries other than shrink-wrapped software:

      If your useful in-house software is published on the web (or even just
      parts of it - no need to give away all your latest innovations to your
      competitors) you have protected it from future patent attacks by making it
      prior art.

      This is not ideology any more - it's due diligence. There is literally no
      more cost-effective way of defending yourself.

      And since nobody will be able to apply for software patents until after
      the law passes, the time to get the prior art out there is NOW. If you try to
      do the same with defensive patents, it will cost you big time and you can't even
      start until it may already be too late - some predator may have got there
      first.

      Now don't let's have anyone whining that you can't fight a patent suit
      by finding prior art because the big software companies have more money
      than you. Remember - this is Europe we are talking about, not the US. In
      many EU countries it may be perfectly possible to defend against litigation
      without having deeper pockets than your opponent - as long as the facts are
      on your side.

      --

      -- What do you need?
      -- Gnus. Lots of Gnus.
  3. Where are we free to develop? by bsharitt · · Score: 1

    So where can we go to unencumbered by software patents?

    1. Re:Where are we free to develop? by JoeBuck · · Score: 4, Interesting

      In particular, the Debian non-us site might have to moved to a country that is not in the European Union (so they can continue to distribute multimedia apps that infringe software patents).

    2. Re:Where are we free to develop? by the+eric+conspiracy · · Score: 1

      Development is not what patent law hinders. It's use.

    3. Re:Where are we free to develop? by Anonymous Coward · · Score: 0

      Canada?

    4. Re:Where are we free to develop? by Rip!ey · · Score: 2, Interesting

      No. You are free to use whatever you develop. That will never change. What you will not be able to do is to sell your product and make money with it.

    5. Re:Where are we free to develop? by Anonymous Coward · · Score: 1

      And call it what? "Debian non-US and non-EU" After a few more iterations it's going to be "Debian terrorist-states"

    6. Re:Where are we free to develop? by Anonymous Coward · · Score: 0

      hey moderator, FUCK YOU. just because people dont agree with the slashdot philosephy doesnt make them a troll.

  4. Ready! Aim! Patent! by Anonymous Coward · · Score: 0

    "According to the article, it is very likely the new patent law will be accepted despite its grave consequences."

    For whom? The passer, or the passee?

  5. We (probably) lost this round by Martin+Kallisti · · Score: 4, Insightful

    It is really a pity that they did not listen more to the companies against software patents, user groups, petitions, and people like Smets-Solanes (who wrote a very interesting paper on the subject). The end result will likely be a smaller number of actors on the market, due to higher information costs, the need of negotiating cross-licensing with other actors and other stupid, unproductive patent related invention-stifling activities. There is no such thing as a law that can not be revoked, though, so keep on fighting.

  6. Say What? by tds67 · · Score: 1, Interesting
    And this will probably mean a shift of power from small software companies and the open source community to large multi-national corporations.

    A shift? As if "large multi-national corporations" haven't always had the upper hand anyway?

  7. If Free software is outlawed... by chill · · Score: 5, Funny

    ...only outlaws will have Free software.

    --
    Learning HOW to think is more important than learning WHAT to think.
  8. Vote postponed, time to get organised by ciaran_o_riordan · · Score: 5, Informative

    Great News
    The vote has been postponed until September 1st.
    All info at:
    http://swpat.ffii.org/news/03/plen0626/index.en.ht ml

    This means we must have their attention.

    Please contact your national FreeSoftware or digital-freedom group to organise an Adopt-an-MEP campaign. If the vote did take place tomorrow, we would lose but with the help of a few concerned citizens, we will win.

    Ciaran O'Riordan

    1. Re:Vote postponed, time to get organised by Klaruz · · Score: 3, Insightful

      I saw something the other day about an MP (that's what they're called, right?) who said he'd never seen such and outpouring of support from the people against a law (or EU direction, sorry, I'm not 100% on EU politics) ever. Almost nobody was for it.

      I think the article went on to say that despite it being against the people's wishes, it was going to pass. It's what the US wants, and it's what the corps want. It doesn't matter what the people think.

      Does anybody have a link to that article?

    2. Re:Vote postponed, time to get organised by tds67 · · Score: 1

      The Joker said in the first Batman movie, "Where does he get those wonderful toys?"

      I say to you, sir, "Where does he get those wonderful links?"

    3. Re:Vote postponed, time to get organised by sn00ker · · Score: 4, Insightful
      This is indeed good news.
      However, for it to actually make the slightest bit of difference the points raised in the parent article must be noted.

      Abusing the MEPs is not a good use of time. Neither is trying to sway them using the David-and-Goliath argument.
      In a perfect world, RMS would keep his mouth shut. The man does far more damage to the cause than he does good. If someone's willing to lock him in a sound-proof room 'til after the vote, it might be a good idea.
      Given that Finland is an EU member, and Linus is a Finn (assuming he hasn't become a US citizen), he would be a very good person to get to speak to MEPs. As a constituent, he has a legitimate voice. As a highly visible, respected figure within the community that will be most affected by this law change, his opinions will carry weight. He is also known as something of a moderate (contrast his relatively muted statements with the vitriol of RMS, for example), and politicians are more likely to listen to moderates than extremists unless the extremist position is amenable to their own.

      --
      "God, root, what is difference?" - Pitr, userfriendly
    4. Re:Vote postponed, time to get organised by ciaran_o_riordan · · Score: 4, Insightful

      I very strongly dissagree.

      Knocking RMS is quite popular among armchair generals but he is an inspiration to the people getting real work done on software freedom issues.

      His software patents speech makes the issues very easy to understand:
      http://www.cl.cam.ac.uk/~mgk25/stallm an-patents.ht ml

      He has also brought the issues to the mass media through an article he and Nick Hill wrote for The Guardian (UK newspaper):
      http://www.guardian.co.uk/Print/0,385 8,4683640,00. html

      RMS has mobilized large numbers of people in the EU to fight this directive. Without his work, I and many others would not be working on this issue at all.

      Ciaran O'Riordan

    5. Re:Vote postponed, time to get organised by sn00ker · · Score: 2, Interesting

      Fine, he's good at mobilising the troops. There's no doubt about that. However, when he speaks to the politicians he takes aim squarely at both feet with heavy artillery.
      Motivating the geeks is important, nay essential. But motivating the geeks isn't enough. One must sway the MEPs, and RMS's petulant, vitriolic attacks on IP are not the way to go about it.

      --
      "God, root, what is difference?" - Pitr, userfriendly
    6. Re:Vote postponed, time to get organised by obi · · Score: 4, Insightful

      You obviously haven't heard him speak yet.

      He doesn't assume his audience is familiar with everything geeks are, so he builds his case from scratch. He has very good arguments. He gives pertinent real world cases. He explores hypothetical, but very realistic cases to illustrate the possible dangers.

      All in all, he's a very good speaker, and I don't get where the idea he's a raving lunatic comes from. Maybe it's because he hammers too much on the GNU/Linux thing, which, I agree is a bit silly. (Personally, I say something to the effect of "systems based on the linux kernel" which avoids the whole issue.)

      But I do think he's a good speaker, and he spends a lot of effort to get important points across.

      Linus is great, but not interested in the politics of open source, and rightly so. Stallman is, and has a good grasp of all the issues involved, and contrary to what alot of people seem to think he is not a scary zealot at all when you see him in real life.

    7. Re:Vote postponed, time to get organised by Znork · · Score: 2, Insightful

      I'm not quite sure what you mean. Can you show me some examples where RMS has made damaging comments in situations such as this? In fact, in most of the speeches I've heard or read he comes across articulating his views in a very sane, coherent and convincing manner.

      Not to say he cant be goaded, but that's not very relevant to a non-geek audience.

      I'd by far prefer RMS talking about these issues rather than Linus Torvalds. Linus is a tech guy from beginning to end, and I havent seen many comments from him wrt patents and copyright that amount to much more than 'lets bury our heads in the sand and hope it goes away'. You'd even be hard pressed to get him to make a comment on legal issues surrounding the Linux kernel itself. I'm not sure you can call "unwilling to comment" a "moderate" position.

      RMS by contrast has been immersed in free software philosophy and the politics and legal aspects of it for a long time now. He's used to making speeches to non-geeks about these issues.

    8. Re:Vote postponed, time to get organised by __aamkky7574 · · Score: 1

      It's hard to take any man who dated Doctress Neutopia seriously:

      http://www.lovolution.net/

      P.

  9. Where are we free to develop?-Self-inflicted. by Anonymous Coward · · Score: 0

    "So where can we go to unencumbered by software patents?"

    Wherever man isn't.

  10. Petition by zmooc · · Score: 4, Informative

    If you don't like this - which you should:P, please sign this petition.

    --
    0x or or snor perron?!
  11. I hope they don't pass the rules by Azadre · · Score: 3, Insightful

    If this passes, it could slow or even halt the development of the open source community. SCO and Microsoft could claim an open source OS like SuSE stole something from their OSes. We'd like to make the defendent pay all the court costs and we'd like to sue them for their use of the MS logo. - A prosucutor in a Berlin Court

    1. Re:I hope they don't pass the rules by poptones · · Score: 3, Interesting
      If this passes, it could slow or even halt the development of the open source community.

      You mena the way closing napster shut down all that file trading and development of new file trading apps?

      SCO and Microsoft could claim an open source OS like SuSE stole something from their OSes

      Whoopdeefucking doo. How is that going to stop open source development? How is that going to prevent organizations from using software they can get anywhere on the internet?

      If anything, this absurdly extreme scenario you've constructed would be good for worldwide competition, since it's dead certain countries like China and Ukraine would become even MORE wary of signing onto the (extremist) WTO model of "IP enforcement." The only possible responses to this would then be either to adopt more sensical rules or abdandon all hopes of exploiting license agreements across increasingly large chunks of the globe. Ideally it would even cause a complete collapse of the Berne convention, although that's probably far too grand a dream.

    2. Re:I hope they don't pass the rules by mystran · · Score: 1
      I think the worst thing that can happen with this SCO thing and software patents and all, is that the legal system will collapse.

      I mean, I think we've avoided almost all patent issues by developing/distributing infringing software in Europe, but I don't think that it'll stop here if software patents become a law.

      Instead it's probably only going to hurt the corporations, that now have to take closer watch at what they are using. As for individual developers, I hope there will be thousands and thousands of legal cases, if this becomes law..

      Why ? Average case takes years even now. The legal system will have "scaling issues" so to say, if you double, maybe triple the cases. In addition it's not only the legal system. Open Source can always go underground. I think most people that develop OpenSource will do it what ever happens. What they might do is do it without their real names.

      This is turn means that someone has to investigate who's behind that stuff. I can tell that cases with far more priority sometimes take years to investigate, at least here in Finland. By allowing software patents, the EU would allow something like a DoS attack on not only it's patent offices, but legal systems and police.

      I might sound anarchist, but I really don't believe that EU could sustain as many lawers as US can, due to other differences in legal systems. Personally, I won't be constraining my (personal, open source) code with limitations due to software patents. At most I'll stop putting my name in the copyright, and change license to something that doesn't have the condition 7 of GNU GPL in it, but instead something like "by using this software, you are intentionally infringing software patents, and take all responsability in possible legal cases".

      --
      Software should be free as in speech, but if we also get some free beer, all the better.
    3. Re:I hope they don't pass the rules by Anonymous Coward · · Score: 0

      "Ideally it would even cause a complete collapse of the Berne convention, although that's probably far too grand a dream."

      I'm not familiar with the sections of the Berne convention that address patents, but those pertaining to copy rights do far more to protect small developers than large businesses (for instance, the GPL would mean jack shit until you paid to register your code with the appropriate government agency in your country, and even then it would not be enforceable in any country except your own).

      The total collapse of the Berne convention would hand Free Software an ass raping that would make the goatse dude faint.

  12. The Register Proves again: apathy sucks by Travoltus · · Score: 5, Interesting

    The Register said (at http://www.theregister.co.uk/content/4/31472.html) :
    It is politicians who make the law, and it is politicians who need to be persuaded if the law is to move in the direction that you desire it to. But while they are a peculiar and varied breed, there are three things you can be fairly certain will not hold much sway with them:

    1. Ideological argument. Politicians are nothing if not pragmatic. Their very survival is based on seeing which way the wind is blowing and adjusting accordingly

    2. Little-man defence. Politicians will not risk upsetting rich and powerful people and companies unless there is a principle at stake: that principle being that the government ultimately decides. Therefore arguing a point on the basis that it will restrict or impair a powerful body is counterproductive

    3. Criticism. Politicians do not respond well to criticism. In fact, the more they get, the more stubborn they become. Flattery is the surest route to their heart, and this means making them feel important. Wining and dining, listening, applauding their insight and then putting your point across

    1) That means profits over politics. The Open Source movement should have found some weapon to blackmail politicians into not allowing these new patent law changes to pass. For instance: "If you pass these laws these particular (thousands of) businesses will flee Europe and go elsewhere and take hundreds of thousands of jobs with them."

    2) Tyranny of the few is still as true now as it has ever been. Hello, feudalism! Er, welcome back. Er, feudalism never really left!

    3) Long live sycophantry!

    We need less 'irony'ism and apathy, and more hard core fanaticism in this society.

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
    1. Re:The Register Proves again: apathy sucks by Guppy06 · · Score: 2, Insightful

      "We need less 'irony'ism and apathy, and more hard core fanaticism in this society."

      Um... hello? "Ironic" and "apathetic" people don't vote. It's the "hard core fanatics" who are die-hard party loyalists that keep these people in office to begin with.

      What we need is less of either of these kinds of people and more truly informed and concerned voters.

    2. Re:The Register Proves again: apathy sucks by merovingian · · Score: 1
      3. Criticism. Politicians do not respond well to criticism. In fact, the more they get, the more stubborn they become. Flattery is the surest route to their heart, and this means making them feel important. Wining and dining, listening, applauding their insight and then putting your point across

      This probably explains why Al Gore thinks he invented the Internet.

  13. Spreading FUD by Branka96 · · Score: 3, Insightful

    We have software patents in the US and have had it for many years. I'm not aware of any case where Microsoft or any other big company is trying to shutdown an Open Source project using patent laws. The claim that "with patent law allowed, the floodgates would be opened and Linux distributors swamped and bankrupted by court claims - with Microsoft leading the charge." is baseless.

    1. Re:Spreading FUD by greppling · · Score: 2, Interesting
      The problem starts much earlier than with a law suit shutting down a project. Just the impression that a project might get into troubles with IP issues can severely hinder its acceptance in the business world.

      The Linux kernel mailing list had long flamewars over patents for realtime Linux due to this. And, IIRC, in one of the MS memos posted by ESR they stated that possible trouble with patents was the most successful message to deter managers from steering towards FS/OSS.

    2. Re:Spreading FUD by Java+no+not+that+jav · · Score: 0

      one word SCO?
      STFU

    3. Re:Spreading FUD by Anonymous Coward · · Score: 0
      I'm not aware of any case where Microsoft or any other big company is trying to shutdown an Open Source project using patent laws.

      The big company is called Unisys. The patent covered GIFs. Now you are aware of such a case.

    4. Re:Spreading FUD by Billly+Gates · · Score: 3, Interesting
      Try SCO.

      SySVR4 is about to expire but has not yet. This explains their frantic lawsuit phase. Yes the lawsuit with IBM is about an internal agreement between SCO and IBM and not patent or copyright issues but it does give SCO power.

      The whole reason why they are suing is because IBM had no choice but to license SySV from USL because they had a patent on it.

      Linus himself maybe sued if this case is won or lost because Linux uses SySV. Linus also stated he does not believe in patents which makes a damming case agaisnt him since SCO lawyers can use it as proof of a corporate espianage conspiracy. Unlike the current SCO case which is mostly hogwash a patent lawsuit and injunction to end Linux is certainly favorable.

      Anway my point is if software patents did not exist we would not have this mess. They are a threat and yes bussinesses like Unisys do sue for damages when they are abused. SCO is no execption.

      I also remember a very old slashdot article which showed 5 patent violations just at slashdot's website. I think the big one is using fonts to display information.

    5. Re:Spreading FUD by tds67 · · Score: 2, Interesting
      The big company is called Unisys. The patent covered GIFs. Now you are aware of such a case.

      Although I agree with your point, that patent expired on June 20, 2003. When it was active, it encouraged more innovation in the form of .PNG files. So perhaps there is a silver lining in the cloudiness of this issue--and that is that Open Source is tough enough to survive this should the worst happen.

    6. Re:Spreading FUD by the+eric+conspiracy · · Score: 1

      Try SCO.

      From what I recall SCO doesn't own any UNIX patents - they are still property of Novell.

    7. Re:Spreading FUD by Billly+Gates · · Score: 1
      Nope SCO laywers proved that they did infact own the patents. Novell still has vested interest as stated in the contracts but the buyout specifically states that SCO has a right to protect the IP and has full power to do so. That includes all patent infringment cases.

    8. Re:Spreading FUD by the+eric+conspiracy · · Score: 1

      Nope SCO laywers proved that they did infact own the patents.

      Nope. SCO came up with an amendment to the contract showing they owned copyrights. They have not presented any evidence that they own any patents. SCO has not stated publically anywhere that Novell is incorrect in their claim that Novell owns the patents.

      http://www.planetanalog.com/pressreleases/prnews wi re/80620the

      specifically states that SCO has a right to protect the IP and has full power to do so

      It doesn't matter what any contract says - if you don't own the patent you have no standing in a court of law to claim infringement. Period.

    9. Re:Spreading FUD by Dunkalis · · Score: 1

      Umm...Linux is not based on code from any Unix...Its as related to SVR4 as it is to Windows. Remeber, Linux is not Unix. Its simply a kernel that works like a true-blue Unix kernel. But isn't.

      --
      Slashdot is a waste of time. I enjoy wasting time.
    10. Re:Spreading FUD by icewalker · · Score: 1

      There is a problem with this thinking. Typically, European countries thumb their noses are US Companies. After all, Microsoft has problems in Europe. But now, the EU is considering the same thing we have in the US. Now software based in Europe (as in Debian non-US) is subject to similar laws. Now Microsoft can start flexing it's muscle a bit more because now they have a law on their side, where before they didn't.

      You can only stand up to them (US or Other Software companies) if you are based in a country that doesn't recognize their laws. It's just like Canada telling off the US Drug Company and selling the stuff anyway!!! The WTO is nothing more than a Billie Club! My way or I beat you with it! And the US loves using it's Billie Club!!

      Pretty soon, the only safe place to get open source or free software from will be somebody who hates the US/EU enough to flip off US (And now EU) patent laws! But wait, wouldn't that country now be considered a terrorist state!!!! Hmmmmm!

      Just my $.02

      --
      The truth is usually just an excuse for lack of imagination.
    11. Re:Spreading FUD by Billly+Gates · · Score: 1
      No but it does violate the patent because its based on the same "idea" as SYSV because of the way the init scripts are stored and used.

      Patents are BS and they are designed to give credit to inventors of particular idea's.

      If the code was actually stolen, it would be a copyright claim. But a patent is just someone using an idea.

    12. Re:Spreading FUD by PingPongBoy · · Score: 1

      I'm not aware of any case where Microsoft or any other big company is trying to shutdown an Open Source project using patent laws.

      I have a feeling that big software companies may have willingly contributed to open source.

      However, if patent law for software blows wide open, big software companies might have no choice but to get as many patents as possible if only for protection.

      --
      Know your pads. One time pad: good for cryptography. Two timing pad: where to take your mistress.
    13. Re:Spreading FUD by muleboy · · Score: 1
      I'm not aware of any case where Microsoft or any other big company is trying to shutdown an Open Source project using patent laws.
      Here are a few. While it may not seem like much, the patents that are currently being pursued (such as Microsoft's patents on "digital rights management"), have the potential to completely lock free software out of the "normal" internet.
    14. Re:Spreading FUD by Dunkalis · · Score: 1

      That depends on the distro. Slackware uses a BSD-style init, Gentoo uses its own system, etc.

      --
      Slashdot is a waste of time. I enjoy wasting time.
    15. Re:Spreading FUD by magores · · Score: 1

      specifically states that SCO has a right to protect the IP and has full power to do so

      It doesn't matter what any contract says - if you don't own the patent you have no standing in a court of law to claim infringement. Period.

      Okay. They have the right and power to protect the IP.

      BUT... If the Actual Owner(tm) of the IP (Novell in this case) decides to use its trump card of ownership to block the efforts of the licensee (SCO), I think its pretty open and closed.

      Simplistic analogy forthcoming--->

      Joe Novell gives Doug SCO the chance to housesit for him while he is on vacation. J Novell lets D SCO uses his address while he is elsewhere.

      Joe Sixpack comes to visit his friend Joe Novell. Unbeknownst to J Sixpack, J Novell is vacationing somewhere else.

      D. SCO has J Sixpack thrown in jail for trespassing.

      J Novell comes home and says, "Hey! SCO! You have NO RIGHT to go against my wishes and have Sixpack thrown in jail. I OWN this property. You're just using my address. And according to my rights as the OWNER, I hereby revoke any previously given rights to any use you previously had to my address.

      ---- End of analogy

    16. Re:Spreading FUD by magores · · Score: 1

      In the part of the US I live in we refer to it as a "billy" club.

      Spell it right, or we'll sue!

    17. Re:Spreading FUD by lpontiac · · Score: 2, Informative
      I'm not aware of any case where Microsoft or any other big company is trying to shutdown an Open Source project using patent laws.

      Microsoft used patents to kill ASF support in VirtualDub.

    18. Re:Spreading FUD by Anonymous Coward · · Score: 0

      It did prevent the widespread adoption of decent, interoperable crypto protocols until the RSA patent had expired.

      The problem here is that it can happen any time. And as soon as one high-profile case has a significant effect, the floodgates are likely to open...

      The only thing protecting people is that (unlike SCO) most people don't want to make high-profile open source projects their enemies. But this is highly dependent on the fact that those projects are high-profile and are viewed in a predominantly positive light...which can change.

    19. Re:Spreading FUD by MSZ · · Score: 1

      When it was active, it encouraged more innovation in the form of .PNG files. So perhaps there is a silver lining in the cloudiness of this issue

      But in this case it was possible to work around the patented algorithm. It is not always so.

      Think about the BT patent on hyperlinking, if it wasn't mostly invalid it would destroy lynx, links, cause problems for Mozilla and any other free browser... there is no way around this one.

      However I look at this, I see no net benefit to the humanity at large. And in fact very limited benefit to the actual inventors. For hundreds of years we had no notion of "intellectual property" beyond autorship (moral right to call yourself an author of the stuff you wrote) and the civilization advanced nicely. Do we really need almost perpetual copyright and and patents on ideas for "advancement of arts and sciences"?

      --
      The moon is not fully subjugated. I demand a second assault wave preceded by a massive nuclear bombardment.
    20. Re:Spreading FUD by tds67 · · Score: 1
      Think about the BT patent on hyperlinking, if it wasn't mostly invalid it would destroy lynx, links, cause problems for Mozilla and any other free browser... there is no way around this one.

      There's no need to go around it. Like you said, it's invalid. You're engaging in a hypothetical. If it was valid, then I could see your point (but I don't see how it ever could be, since there is so much prior art).

      I agree completely with you that copyrights and patents are innovative-killing devices when it comes to computer software. But unless and until we get copyright and patent relief, I'll remain optimistic that clever computer people (like /.ers and others) will find ways around these stupid patents and copyrights as the need arises.

  14. Re:Good for them by Anonymous Coward · · Score: 1, Insightful

    Had you been reading your homework, you would probably have managed to divulge that intellectual property and patents are two fundamentally different things. IP is to hinder people from making duplicates of a creator's work. Patents are for stimulating invention within industries through awarding inventors a time limited "unfair" advantage. The reason people are against patents in the software industry is because they believe that it will instead lower the rate of invention, and also obstruct fair competition. Flange basket.

  15. the problem of the civilized world by Java+no+not+that+jav · · Score: 1

    it seems that if one of the 'big' (powerfull) countries decieds to tuffen laws on patents or copy rights all of the others folow suit no matter how terable these new laws are. for instance the u.s. used this justification the last time it extended copy right terms. not once do these polititions consider wheather it is in the best interests of the general public. this shit really pisses me off. :)
    whats the point of a copyright that never ends?

    1. Re:the problem of the civilized world by poptones · · Score: 4, Interesting
      Ask the people of Poland. Warsaw has a rich legacy of creative and talented artisans filling its hotels and apartments, yet "the public domain" is owned by the government. Mexico is also considering adopting this model - that is, copyright has a limited term (in Mexico's case they are talking an entire century) and then, when it becomes "public domain" you may still have to negotiate a commerce contract with the government, because it now owns "public domain."

      Sounds scary, huh? But consider this: if the government - that means all those politicians hungry for tax dollars - had to weigh on the one hand lengthening copyright terms and, on the other, lengthening the time until they could exploit this new tax revenue base, which way do you think they will vote?

      Ironically, the solution may very well begin with encouraging Mexico to adopt this model. At that point you can bet the Hollywood lobbyists will then be calling for a century of protection in the US "so we can keep up" - but if we (the people) then advance and lobby for the other side of this enforcement - that is, making sure the government has an economic incentive in preserving "the public domain" - then we could well begin to take back some of the territory lost to Disney and its ilk.

    2. Re:the problem of the civilized world by Java+no+not+that+jav · · Score: 0

      dude thats some scarry stuff... the end of free knowledge as we know it.

    3. Re:the problem of the civilized world by poptones · · Score: 1
      No, it isn't. It's only the end if you live in a totalitairan government - and in that case there's nothing to stop the gov from doing all this anyway. But by making "the public domain" part of our tax base, we give the government (more importantly, the social parasites who inevitably end up elected to office) an incentive to act in our interest, and a reason to adopt enhanced rules that will place our economic interests above those of corporations.

      IOW we become our own IP lobbyists.

      It's not the "end of free information" - even patented info is freely available today to anyone (that is the whole point of it). Nothing at all to prevent you or I from reading about, and making, our own patented widget in our garage and using it all we like. If we want to profit from that use, however, we now have to negotiate a contract with the patent holder or risk a lawsuit. Protecting your product from commercial exploitation does not, in any way, prohibit me from making personal use of the knowledge contained in your invention.

      Giving the government a financial interest in guarding "the public domain," however, will interfere with the ability of corporations to purchase laws and lawmakers that defy this interest.

    4. Re:the problem of the civilized world by SunPin · · Score: 1

      Interesting, yes, but I'm not convinced that creating a massive bureaucratic nightmare is the answer to protecting software. Unless somebody expands patent law to the God forsaken timeframe of copyright, there's not much to worry about. I seriously doubt that SCO can complete a victorious lawsuit before their clock runs out. That's why everyone thinks they want a buyout and that's why they are spinning it as a dispute over an internal agreement with IBM.

      --
      Laws are for people with no friends.
    5. Re:the problem of the civilized world by visualight · · Score: 1

      So a bad law is like a virus? It's just going to keep getting worse then isn't it.

      --
      Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
    6. Re:the problem of the civilized world by Qzukk · · Score: 1

      Nothing at all to prevent you or I from reading about, and making, our own patented widget in our garage and using it all we like.

      That better be a pretty well hidden garage, then. Patent law does not discriminate about how you use the device. If you build something covered by patent X, its infringing. Of course, the patent holder would have to find out about it, but if someone patented a new engine, and then drove by your house and found you using their engine to mow your lawn, they could sue you for infringement.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    7. Re:the problem of the civilized world by Anonymous Coward · · Score: 0

      Man, now that is fucking scary, like the gouverment didn't had enough power already...

      And I love the idea that once the copyright of my works expires... I will have to pay the gouverment to use what I have created! Wonderful!

      \\K

  16. creative commons by poptones · · Score: 4, Insightful
    It's called creative commons. If more people would register new work here then there could exist a database of prior art such that it would become increasingly hard to defend patents in court.

    There's little, however, that can be done (in today's corporatist environment) to prevent the granting of idiotic patents. That pretty much means there's nothing to be done about companies "buying markets" unless (or until) there exists an organization that would have an economic interest in defending against such practices.

    No, in theory that could be the creative commons itself - i.e. acting as an IP defense fund in the interest of registrants and using the income from settlements and judgements to fund more actions. The problem there is, of course, that if it actually became successful at this then it's quite easy to see how people would then become critical of the org itself, bitching that it was an organization of judicial elite exploiting "free knowledge" to line it's own pockets. Whether or not there was any validity to thius would, of course, depending on the leadership of the organization. But it is a start, and there does exist a good bit of potential there - both for good, and for abuse.

    1. Re:creative commons by Anonymous Coward · · Score: 0

      The main point is that if a patent-defence system
      succeeds, the big companies will change the
      rules of the game. The only practical solution
      is getting rid of the dictatorship of mega-corparations.

    2. Re:creative commons by Rip!ey · · Score: 3, Insightful

      There's little, however, that can be done (in today's corporatist environment) to prevent the granting of idiotic patents.

      I cannot agree that the inaction of those who are in a postition to actually do something (most likely because they are polititians who have been bought out by big corporations) means that nothing can be done. Plenty can be done. It's a simple matter that those who can will not.

    3. Re:creative commons by HiThere · · Score: 1

      It's a great idea...but there's a problem.

      N.B.: These rules apply to the US system. No other countries necessarily follow this (broken) system.

      If you don't file for a patent on a published idea, anyone else can, within a year, file for the patent. They've got to claim that they invented it, but if they're the first to file, then they are presumed honest.

      OTOH, it costs money to file for a patent. This is one of the ways in which patents differ from copyrights. To build a defensible patent requires input from a specialized lawyer. His time doesn't come cheap. (Actually, he needs to write the whole patent. There are lots of special archane rules that the USPTO uses, and nobody can predict them. But precedent is usually a good guide.)

      If your patent isn't defensible, then somebody else may well be able to steal it out from under you.

      If you are not officially filed, then the patent office won't even look at your invention when they consider prior art. They only check filed patents. Even then, descriptive language that is sufficiently different can defeat the search.

      I can imagine a decent patent system, but it isn't the one run by the USPTO. The US patent system is so broken that we would be much better off without ANY patent system. I think the best choice would be to start over from scratch, and considering who would be in charge of the rewrite, that's a pretty vile indictment.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    4. Re:creative commons by poptones · · Score: 1
      These rules apply to the US system. No other countries necessarily follow this (broken) system

      Duh. this is why we have treaties. And if a country doesn't recognize a treaty and the business there does not do business in the US, then you have no recourse no matter WHAT magic incantations you recite.

      If you are not officially filed, then the patent office won't even look at your invention when they consider prior art. They only check filed patents. Even then, descriptive language that is sufficiently different can defeat the search.

      Irrelevant. When challenging the validity of a patent in court, prior art does not merely constitute existing patents. There are patents that have been lost because of prior art that existed in lab books.

      If you doubt the efficacy of the creative commons project I'll leave it to you to argue why these studied lawyers participating in the project are wrong.

      Good luck with that.

  17. Re:First Patent!!! by tds67 · · Score: 2, Funny
    int i = 0; //EU Software Patent #00000000001

    int j = 0; //EU Software Patent #00000000002

    Stay away from my letter.

  18. Re:Good for them by BigBadBri · · Score: 2, Insightful
    Oh, dear.

    Sorry if we upset your little picture of the world, but the biggest argument against software patents isn't that we're not allowed to sleep on your couch or to steal your ideas.

    If you're clever enough to come up with a new business process (as opposed to manufacturing processes, which patenting was invented for), then you have the right (until your competitors analyse the situation and fight you for market share) to grab as much land as you can.

    Patents are intended to protect inventions - as a mathematician, I can prove (beyond all reasonable doubt) that all computer programs follow from all others, therefore all are obvious. Patents are therefore not applicable to software.

    --
    oh brave new world, that has such people in it!
  19. Re:First Patent!!! by tds67 · · Score: 0
    int i = 0; //EU Software Patent #00000000001

    Okay, I've changed my mind...I'll license it from you.

    int j = i; //Licensed from EU Software Patent #00000000001

  20. Except that it's not FUD by pslam · · Score: 3, Insightful
    We have software patents in the US and have had it for many years. I'm not aware of any case where Microsoft or any other big company is trying to shutdown an Open Source project using patent laws.

    It is, dare I say, ironic that Microsoft hasn't engaged in that activity, but there are plenty of other big companies that have and still are trying to shut down open source projects using patent laws. I'm not even going to bother quoting any, there's so many instances.

    The claim that "with patent law allowed, the floodgates would be opened and Linux distributors swamped and bankrupted by court claims - with Microsoft leading the charge." is baseless.

    You neatly chopped off the start of that quote, "The fear is that with patent law allowed...". They're not claiming anything, they're just giving a likely scenario. The aggressive anti-Linux retoric of the heads of Microsoft and their dubious involvement in the SCO vs Linux nonsense is enough to give weight to that outcome being likely.

  21. Someday... by jabbadabbadoo · · Score: 1

    ...someone will patent a very general method for patenting and then put the patent in a box and throw away the key. Surely, this patent will be accepted by at least the US Patent Office, putting themselves out of business.

  22. living under a rock by 73939133 · · Score: 2, Interesting

    We have software patents in the US and have had it for many years.

    For most of its history, the US software industry developed in the virtual absence of patents. Widespread use of software patents is largely a phenomenon of the late 1990s.

    I'm not aware of any case where Microsoft or any other big company is trying to shutdown an Open Source project using patent laws.

    People usually don't even start open source software projects that might infringe software patents. If they do, they usually do so in nations where the patents don't apply, and as a consequence will have a hard time reaching critical mass in the US.

    Software patents also have had a chilling effect on commercial development. And they are a drag on research, costing enormous amounts of money to obtain and having little commercial benefit.

    As for Microsoft, they didn't use to have a patent portfolio. But, in the spirit of mutually-assured destruction, they have been catching up fast. Expect direct or indirect Microsoft claims against open source projects soon.

  23. The EU is an unelected dictatorship by Anonymous Coward · · Score: 0

    20 un-elected council members rule the EU. Its completely non-democratic. The EU sucks.

    1. Re:The EU is an unelected dictatorship by frankmanowar · · Score: 0

      I'm glad somebody else noticed that. As if the electoral process wasn't enough to take the steam out of democracy, the EU can ensure the selling of its very soul.

      --

      "Other bands play, but Manowar KILLS"
  24. Can virii and software exploits be patented? by Anonymous Coward · · Score: 0

    I see them as a growth industry when software giants try to crush open source developers with bogus software patents.

  25. But we need something more than just a plea. by jbn-o · · Score: 3, Interesting
    The Open Source movement should have found some weapon to blackmail politicians into not allowing these new patent law changes to pass. For instance: "If you pass these laws these particular (thousands of) businesses will flee Europe and go elsewhere and take hundreds of thousands of jobs with them."

    This is more a reply to the Register than to Travoltus' post, but did it occur to Kieren McCarthy that blackmailing politicians into action is not the kind of government most people want and that we are trying to exhibit the kind of considered action we want to see more of in our government? I would not consider doing one's homework and presenting a complete case "blackmailing", so perhaps that wasn't the best language for the author to pick.

    I have some experience working on political campaigns (two local: one Congressional, one for local city council) and I'm active in my community on a number of other issues, so I'm aware of McCarthy's argument and how to wage it. And it would be valuable to do the research to be able to make that argument. But I think this is one of the weaknesses of the free software and open source movements--we don't mobilize our varied talents well.

    Does anyone reading this have the skill needed to address the jobs concern? Or know of anyone who can help? We need help now.

    I'm quite familiar with Stallman's excellent speech on the matter of software patents and how it adversely affects free software development. Part of that speech encourages us to consider that patents for one area of endeavor doesn't mean all areas of endeavor should have patents. Has this point been made clear to legislators? Has it been supported with examples of areas where patents would be a big problem (two hypothetical examples off the top of my head: legal argument strategies and surgical techniques--either of which could both lead to people losing their lives due to waiting for the patent holder to choose to represent or operate on them)?

    1. Re:But we need something more than just a plea. by Travoltus · · Score: 1

      It was me who put in the blackmailing part (the stupid site messed up my Blockquote tags so the two sets of quotes look all enmeshed! Damn!!)

      Our governments need to listen to principles more than what is 'pragmatic' (i.e. "profitable for the powers that be"). But then again we also need to re-think our ethics which give all the concern to the people on top at the expense of everyone on the bottom who support the ones up on top.

      --
      --- Grow a pair, liberals... stop letting the Republicans bully you!
    2. Re:But we need something more than just a plea. by frankmanowar · · Score: 0
      But then again we also need to re-think our ethics which give all the concern to the people on top at the expense of everyone on the bottom who support the ones up on top.

      Every time we cast a vote, we basically declare that we are leaving it up to them. And every time we pay are taxes we are consenting to their decisions.

      I like Thoreau's comparison of voting to gamming: we are declaring feebly to other men how we would like things to be, but we are not actually doing anything about it.

      --

      "Other bands play, but Manowar KILLS"
  26. That's because we were incompetent by devphil · · Score: 4, Insightful


    As the Register article points out, one of the reasons we're going to lose is that we didn't even try to convince them. We shouted, we hurled abuse, we held huge meetings and didn't invite the other side, but we didn't actually contact them with an explanation of why the proposed change was bad. ("Open letters" don't do shit, no matter how well-written they are.)

    --
    You cannot apply a technological solution to a sociological problem. (Edwards' Law)
    1. Re:That's because we were incompetent by lowieken · · Score: 1

      As the Register article points out, one of the reasons we're going to lose is that we didn't even try to convince them. We shouted, we hurled abuse, we held huge meetings and didn't invite the other side, but we didn't actually contact them with an explanation of why the proposed change was bad.
      Why do you think the vote was moved to september? Because we DID invite the other side, we DID contact them.
      Personally, I DID go. I went to Brussels physically. And I know of many others that did.

    2. Re:That's because we were incompetent by Elektroschock · · Score: 1

      You don't know the work of FFII and all the other initiatives in Europe do you? http://swpat.ffii.org http://www.noepatents.org

    3. Re:That's because we were incompetent by Anonymous Coward · · Score: 0

      And we didn't all use the lame duck arguments put forward by the lazy reporter. I got very positive feedback from 4 out of 6 MEPs for my region (unsurprisingly New Labour didn't even reply - I'm in the UK). I don't think I used any of his proposed arguments!

      The current position appears to be that only software combined with a physical device will be patentable. Its time to contact your MEP's and point out how easily the current wording could be abused to sneak software patents in.

      Despite the Registers half researched piece its not too late and the parliament is listening.

  27. Re:Good for them by BigBadBri · · Score: 4, Interesting
    Sorry - forgot the proof.

    1. All computers are Turing-complete. They may be mapped to the natural numbers.
    2. From Godel's Theorem, all true theorems in a mathematical system are derivable via an obvious procedure from the axioms of the system.

    3. Turing machines are equivalent to the mathematical system describing natural numbers.

    4. All computers are therefore mappable to the set of natural numbers, and all processes performable by a particular computer are therefore mapped to a pair of natural numbers.

    From the above, all computers, and all programs that terminate, can be mapped to the natural numbers.

    A simple enumeration (though it may take some time) would therefore cover all software.

    All software is obvious. QED.

    --
    oh brave new world, that has such people in it!
  28. Thank you, EU. by Ungrounded+Lightning · · Score: 0, Insightful

    I want to persoanlly thank the EU parlement - for crippling their own software industry and thus eliminating a competitive threat to that of the US.

    Now if only India, Asia, South America, and Africa would do the same.

    =============

    It's like protective tarrifs. "If you keep shooting off your own feet we'll have to retaliate by shooting off ours. So there!"

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  29. Help from the other side of the pond? by jbn-o · · Score: 2

    Ciaran O'Riordan, what can Americans do to help?

    1. Re:Help from the other side of the pond? by ciaran_o_riordan · · Score: 5, Interesting

      Wow. Thanks for your international interest JBN.

      It would be very helpful if you could send emails or faxes to MEPs. Your non-EU citizenship can be used as a positive, i.e.:
      "As an American, I see first hand how software patents hurt innovation and competition in a software industry. Start ups find it hard to enter the market when they can be threatened with costly patent lawsuits and investors are nervous about giving funding to a company when they know that a deeper bank account will likely draw the attention of Intellectual Propertly law firms"

      There is a listing of all EU MEPs at:
      http://wwwdb.europarl.eu.int/ep5/owa/p_meps2.repar tition?ipid=0&ilg=EN&iorig=home&imsg=

      Good arguments for talking to non-techs can be found at:
      (RMS and Nick Hill, longish)
      http://www.guardian.co.uk/Print/0,3858,4683640,00. html
      (and a short one from me:)
      http://www.electronicsweekly.com/issue/inview.asp? vpath=/articles/2003/05/28/view02.htm

      If you only speak english, stick with the UK and Ireland. Many EU citizens are already talking with their MEPs, your emails or faxes would be a great reinforcement.

      Ciaran O'Riordan

    2. Re:Help from the other side of the pond? by Flower · · Score: 3, Insightful
      What is your take on the RSA patent issue from a European standpoint? In the EU, do you think that there was more competition in using that algorithm and are there concrete examples where the EU benefited from that piece of technology being unencumbered?

      I had a chance to hear some of the American side of the story from Radia Perlman and from what little I've read it seems the RSA patent here in the US hindered adopting standards which used it - something that didn't happen in Europe. Wouldn't this real world situation make for a good argument against software patents?

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    3. Re:Help from the other side of the pond? by oolon · · Score: 1

      The RSA patent is perhaps not the right one to talk about, one of the problems the "europians" had with the patent was the fact that GCHQ in the UK had already worked out all the logic behind prime number pairs prior to the patent. They just (normal for the UK) wanted to keep it secret so they could use it. If they had infact gone public it probably would not be called RSA.

      James

  30. Welcome to the new (and growing) world order by MrLint · · Score: 1, Interesting

    In this world the 'regulating' government bodies will call the regulated 'customers' (See mike powell head of the fcc) and consumer will be defacto criminals (see RIAA, MPAA etc)

    I have coined a phrase for this, the high-tech dark age.

    1. Re:Welcome to the new (and growing) world order by zogger · · Score: 1

      Nice one. Goes along with my favorite phrase describing this sort of thing, "technofuedalism".

  31. here is what you need to do by geekoid · · Score: 1

    Gat a lawyer, and be ready to file these patents. Patent everything in the Linux Kernel, and the GNU tools that come with most distibutions.
    If GoodGuy {

    Then set it up so that it and anything that could be considered a derivitive is royalty free.
    }
    ElseIf BadGuy {
    demand royalties from anything remotley similiar
    }
    Else {
    Go gat a mocha and wait for the /. Fallout
    }

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:here is what you need to do by Anonymous Coward · · Score: 0
      Gat a lawyer
      You could have just stopped there..
  32. New patent system by JVert · · Score: 2, Interesting

    Good news everyone I have if figured out.

    Ok my the new patent system works like this, you have to apply for the patent before you actually invent it, if the invention exists at all at the time you first place you patent you are denied (this would include if you already have a product on the market and you are just now patenting it). Second your patent is put in holding where anyone else can see it and if someone else produces a working model within the time frame the patent is void.

    If the point of patents is to encourage research as opposed to monopolistic tactics then this will do it.

    If the point of patents is to encourage research as opposed to monopolistic tactics then this will do it.

    ... I dunno I figured if I said it twice maybe I could belive it.

  33. You won't win. by twitter · · Score: 4, Insightful
    What we need is a good site for registering "prior art". Where peoplee in the open source communities (and everyone else with an interest) can submit their ideas along with proof of a working implementation to prevent patents to be applied.

    The current SCO/IBM trials should be a stark warning for how well this will work. You will have lost with the first patent you fail to get. Your enemies will be taking your money to pay their lawyers to steal more or your ideas. That is what SCO is doing, now isn't it? It's not like they developed anything, ever. Is this what you want? In the end, you will be no better than your enemies or you will not exist.

    Self preservation is not an ideological argument. If the EU does this, large US companies will crush EU software developers, free software will die and all EU governments will end up running M$. These beurcrats need to do a typical M$ install and push that "I submit" button a few times. There's no two ways about it, dipshits like Bezos will flood their system with junk just like they do the US system. This EU deal with the devil will leave the EU burnt.

    --

    Friends don't help friends install M$ junk.

    1. Re:You won't win. by triskaidekaphile · · Score: 1

      If the EU does this, large US companies will crush EU software developers

      At which point the EU software developers will show the EU that the large US companies are harming EU interests. Look, Ma, no jobs!

      --
      @HbFyo0$k8 tH!$
    2. Re:You won't win. by twitter · · Score: 1
      At which point the EU software developers will show the EU that the large US companies are harming EU interests.

      That's the point of the current EU Microsoft Anti-trust violation, isn't it? How much harm do you want?

      --

      Friends don't help friends install M$ junk.

  34. or not seeing the obvious solutions.. by zogger · · Score: 2, Interesting

    yes, they said wining and dining and flattering were the approved methods, which is another way of saying bribing and scmoozing and conning.

    It's all tied together, these and so many other apparently illogical actions on the part of many current governments...

    There's a solution, but it involves a more... umm... pro active response on the part of millions of people, all acting in concert with each other, across the EU..and the US....

    We will have a few superpowers in name, all run by a handful of multinational corporations.

    Hey look! A derivative work, probably violates some law! And I don't care!

    ya code sixteen hours

    and waddaya get

    another day older and deeper in debt...

    St. Linus doncha call me

    cause I can't g-o-o-o-o-o...

    I owe my soul to de company sto...

  35. Re:First Patent!!! by BigRedFish · · Score: 1

    Dear posters:

    I am writing to inform you that your posts in the reply chain entitled 'First Patent!!!' and its derivitave replies are in violation of FishSoft's patent regarding statement termination (patent #000000000.1-alpha).

    Please be aware that the use of the semicolon (;) character for the termination of statements in a programming language is the registered intellectual property of FishSoft. You are hereby ordered to cease and desisit use of the semicolon character as a line terminator in your postings, source code, and derivative works.

    Our counsel at the law firm of Vinnie and Guido will be contacting you shortly to discuss protec^D^D^D^D^D^D^D^D^Dlicensing fees.

  36. Crapflood and The Incredible Machine by i_am_nitrogen · · Score: 4, Interesting

    This story was hit by the biggest crapflood I have ever seen.. Is this what all those trojaned Windoze computers are used for? Trolling on dotslash?

    Speaking of patents, one of the most ridiculous software patents I've seen in the US is the interface to the game The Incredible Machine. Nobody can make a game with gizmos used from a gizmo-bar to make things happen.

  37. Re:Good for them by the+eric+conspiracy · · Score: 1

    Patents are intended to protect inventions

    The problem with your proof is that the premise is wrong. Patents protect implementations, not inventions, discoveries, etc.

    LZW per se is not patentable. LZW using a computer to compress images is.

  38. if Alan Greenspan... by frankmanowar · · Score: 0
    "...doesn't have any answers..."

    That's an odd comment for the author to make. I think Alan is asserting his answer by the questions he is posing, as they are formed a very certain way: Our current system protects the entrenched rich in their physical properties, and now we need to extend that protection, regardless of the concepts of freedom, liberty, or even (actual) fair trade to continue to protect the entrenched rich. In fact, we should extend it over "Intellectual Property," a vile and deceptive term, recently discuessed by R.Stallman in his column regarding the SCO Saga and what it means for GNU.

    Is this really extending the rights of those who need to protect their property, or to squash "unfair competition"?

    --

    "Other bands play, but Manowar KILLS"
  39. Yes, you misunderstood by Anonymous Coward · · Score: 1, Insightful

    I guess it's probably because you've never had any original ideas of your own, so you don't recognize the problem faced by those that do.

    Although it will of course amaze you, not everyone that has an idea gets it by "stealing" it from others. Yes, it happens, stunning isn't it!

    It's not as if having an idea makes it impossible for someone else to have the same idea independently, yet that view is what patents enshrine. The reality of the matter is that we all live in a very active sea of ideas, and the collosal majority of patent applicants gain their inspiration from a common public pool. To then shut out others from germinating the same seeds is simply not right. Except in very rare cases, those ideas are just not theirs alone to gain from.

  40. The concept of voting ... by mmThe1 · · Score: 0, Redundant

    .. has been patented by the US Senate. EU Parliament can't do that this way...

  41. Great Article by RMS by Anonymous Coward · · Score: 3, Interesting

    Software patents - Obstacles to software development
    Richard Stallman

    [Transcript of a talk presented 2002-03-25 at the University of Cambridge Computer Laboratory, organized by the Foundation for Information Policy Research. This transcript and audio recording by Nicholas Hill, HTML editing and links by Markus Kuhn.]

    You might have been familiar with my work on free software. This speech is not about that. This speech is about a way of misusing laws to make software development a dangerous activity. This is about what happens when patent law gets applied to the field of software.

    It is not about patenting software. That is a very bad way, a misleading way to describe it, because it is not a matter of patenting individual programs. If it were, it would make no difference, it would be basically harmless. Instead, it is about patenting ideas. Every patent covers some idea. Software patents are patents that cover software ideas, ideas which you would use in developing software. That is what makes them a dangerous obstacle to all software development.

    You may have heard people using a misleading term "Intellectual Property". This term, as you can see, is biased. It makes an assumption that whatever it is you are talking about, the way to treat it is as a kind of property, which is one among many alternatives. This term "Intellectual Property" pre-judges the most basic question in whatever area you are dealing with. This is not conducive to clear and open minded thinking.

    There is an additional problem which has nothing to do with promoting any one opinion. It gets in the way of understanding even the facts. The term "intellectual property" is a catch-all. It lumps together completely disparate areas of law such as copyrights and patents, which are completely different. Every detail is different. It also lumps together trademarks which are even more different, and various other things more or less commonly encountered. None of them has anything in common with any of the others. Their origins historically are completely separate. The laws were designed independently. They covered different areas of life and activities. The public policy issues they raise are completely unrelated. So, if you try to think about them by lumping them together, you are guaranteed to come to foolish conclusions. There is literally no sensible intelligent opinion you can have about "Intellectual Property" . If you want to think clearly, don't lump them together. Think about copyrights and then think about patents. Learn about copyright law and separately learn about patent law.

    To give you some of the biggest differences between copyrights and patents: Copyrights cover the details of expression of a work. Copyrights don't cover any ideas. Patents only cover ideas and the use of ideas. Copyrights happen automatically. Patents are issued by a patent office in response to an application.

    Patents cost a lot of money. They cost even more paying the lawyers to write the application than they cost to actually apply. It takes typically some years for the application to get considered, even though patent offices do an extremely sloppy job of considering.

    4:05Copyrights last tremendously long. In some cases they can last as long as 150 years, where patents last 20 years, which is long enough that you can outlive them but still quite long by a timescale of a field such as software.

    Think back about 20 years ago when a PC was a new thing. Imagine being constrained to develop software using only the ideas that were known in 1982.

    Copyrights cover copying. If you write a novel that turns out to be word-for-word the same with Gone with the Wind and you can prove you never saw Gone with the Wind, that would be a defense to any accusation of copyright infringement.

    A patent is an absolute monopoly on using an idea. Even if you could prove you had the idea on your own, it would be entirely irrelevant if the idea is patented by somebody else.

    I hope you will forget about

  42. It exists: Prior Art DataBase by ciaran_o_riordan · · Score: 4, Informative

    Some people are already working on this, please work with them:

    http://www.nongnu.org/padb/

    Development of the database is being worked on at:
    http://savannah.nongnu.org/projects/padb/
    and the software used is Free Software, available at:
    http://savannah.nongnu.org/projects/topas/

    Lobbying EU MEPs is still the best thing we can do right now, people from any country can do this. I gave an example for what an American can do in a later post:
    http://slashdot.org/comments.pl?sid=69331&threshol d=0&commentsort=0&tid=155&tid=99&mode=thread&pid=6 327875#6328000

    Ciaran O'Riordan

    1. Re:It exists: Prior Art DataBase by EABinGA · · Score: 1

      Do they have a patent on this?

    2. Re:It exists: Prior Art DataBase by kramer2718 · · Score: 3, Informative
      Well, I have taken (some of) your advice. I have written a letter to most of the EU representatives from the UK. I enclose the text so that other slashdotters can use it in contacting any EU reps. I may not be the best rhetorician, and I certainly glossed over many technical details, but feel free to use/modify the following:

      I am writing this because the European Union is considering a alteration of patent law to bring it in line with U.S. patent law particularly with respect to software patents. I am an american, and I understand that my government is placing great pressure on the European Union to change their patent policy. However, I can tell you that the patent policy here is extremely bad. In particular, software patents are a problem for several reasons. First, allowing software patents will encourage a glut of ridiculous patent applications. Second, in the software industry collaboration is a more effective strategy than protection. Third, the admittance of software patents would encumber the developement and innovation process with too many legal considerations.

      As a computer programmer, I keep track of significant developements in the software industry, and there have been some very silly patents awarded lately. One aspect of programming is that software tends to build on other software. As such when a new technology such as the internet becomes available, many applications that may seem non-obvious to a lay person are fairly obvious to a skilled programmer. It's then only a matter of who gets to the patent office first. One example of this is the Amazon.com one-click-purchase patent. It is quite evident how to do this. It's also a fairly obvious idea. Yet the patent led to a lawsuit which took years to settle. Ask yourself this, "Would I like to see European Union courts burdened by such frivoities?" I hope the answer is "No".

      Collaboration is especially in the software industry. In particular, the success of Open Source Software (or OSS) shows how successful cooperation can be. If you are not familiar with OSS, it is a software developement model in which the client can see the internal workings of a program and freely copy them. Often, OSS programs are distributed free of charge, also. Often, many people (sometimes as many as one million; mostly amateurs) will contribute to an OSS project. Some OSS projects have accomplished things that giant corporations never could. For instance, Linux and BSD are some of the best most stable operating systems around. Many companies such as IBM and Hewlett Packard use OSS as a starting point and build solutions for clients on top of it.

      OSS has many advantages but is particularly vulnerable to software patents. Because the source code (internal representation) of the programs are available, patent owners can pick through the program to find an infringements where closed source programs do not have that problem. Also, because OSS projects are often undertaken by collectives of hobbyists and altruistic amateurs, if there is an accusation of patent infringement, there are not usually funds to fight in court. In this way, a corporation could stop an OSS competitor by just filing suit. If this ever became common practice, it would be the end of Open Source Software and the technolgical world (not just the computer industry) would suffer immensely.

      The process of software developement does not need to be encumbered with the patent process. Software evolves rapidly and if developers have to do a patent search every time they write a program, software developement would grind to a halt. (You may think it unlikely that a programmer could accidentally write a patented program, but I assure it is not; note the above Amazon.com case, several auction patents, various interface patent; there are many more).

      In closing I implore you to vote against software patents or at least to restrict the term. Drug companies may need 20 years to recoup developement costs, but the software industry moves much faster than that. Often a granted patent is many years obsolete by the time it expires.
    3. Re:It exists: Prior Art DataBase by N+Monkey · · Score: 1
      Well, I have taken (some of) your advice. I have written a letter to most of the EU representatives from the UK. I enclose the text so that other slashdotters can use it in contacting any EU reps. I may not be the best rhetorician, and I certainly glossed over many technical details, but feel free to use/modify the following:

      I am writing this because the European Union is considering a alteration of patent law to bring it in line with U.S. patent law particularly with respect to software patents.

      IANAPL, but I have written and co-written several patents that have been filed in EU and US.

      What makes people think that "software" patents don't already exist and are not accepted at the EPO? Many that I have read include "a method of..."-style claims which, for all intents and purposes, cover software.

      Besides, how can you tell the difference between a black-box device which is using a "dedicated hardware" solution and one that is using a CPU? To further confuse the issue, if that CPU's program is stored in ROM, is it not "dedicated hardware"?

      Anyway, from what I've read, my understanding is that the invention (however implemented) must still be novel and contribute to the advancement of science/technology. Of course, I have found in practice that the EPO is a lot more stringent in its patent examinations in this regard than the USPTO. :-)

      All IMHO of course.

      S
    4. Re:It exists: Prior Art DataBase by the_olo · · Score: 1

      http://www.nongnu.org/padb/

      To submit your idea you will have to write your idea in a file and add it to PADB using CVS. If you do not have access to CVS you can simply mail the ideas to a human that has access to CVS

      What CVS? To which human? A contact address and CVS access instructions are needed on that site. This project does not lie in my definition of "organized" :(

  43. I think this message is fairly clear; by TyrranzzX · · Score: 4, Interesting

    Don't fuck with the open source software community. Right now big companies are trying to knock it out using the goverment and the media because they don't like it, and trust me on this one, if they ever managed to make open software illegal, how many white cap hackers do you think would go black overnight and decide permenantly and perpetually destroying the infastructure of companies like microsoft, ibm, sun, etc is the way to show protest?

    I don't know about you guys, but protests aren't working, letters aren't working, e-mails aren't working. Voting is not working, propaganda isn't working. There's only 1 alternative after peacful protest; violent protest and our leaders are too dumb to realize that if they piss enough people off, they are dead meat literally.

    So label me a terrorist for conveying the message bitch, I'm getting to the end of my rope and patience.

    1. Re:I think this message is fairly clear; by swissmonkey · · Score: 1

      There's only 1 alternative after peacful protest; violent protest and our leaders are too dumb to realize that if they piss enough people off, they are dead meat literally.

      So label me a terrorist for conveying the message bitch, I'm getting to the end of my rope and patience.


      Yep good idea, and I'm sure you'll get to think about it again once you're in jail, at least you'll have plenty of time for that.

    2. Re:I think this message is fairly clear; by TyrranzzX · · Score: 1

      You sir, are a chicken and an idiot. If something I was working on for 5, 10 years was all of a sudden sliced and diced by corperations and goverments that don't hear my side of the story, then it was stolen bastardized and sold what do you think is going to happen? That's right, I'm going to be pissed, and since peacful protest isn't working, I'm going to do the only thing I know how to do; get together with people I know and fight back. You take away 5 or 10 years of my work, I'm going to take that back. We're powerful enough to do it, enough hackers could get together and make powerful viruses or break into systems and do things like, oh I don't know, knocking out DNS, taking out microsoft corp's accounting system, etc. This is why the goverment is trying to make the term "hacker" synonimous with "terrorist"; they fear the true hackers and the power they wield over the goverment's communciation systems. When they talk about "securing cyber space against hackers" they are talking about securing themselves against the retrobution from hackers when they do stuff against the will of the public behind closed doors and behind their back. You can fight protesters with rubber bullets and tear gas, but you can't fight a determined and educated individual that you don't know the location of and who's smarter than you.

      I'm NOT going to bend over and take it in the ass like everyone else seems to like doing. We aren't at the point of violent protest yet and the goverment and corperations have the ability to make the choice to stop fighting us. In the coming years when you start seeing things like employers wanting to chip their employees and goverments deciding to make it manditory, when you start hearing about kids getting sicker and sicker from eating irradiated meat at school, when you start to hear about rapists and murders going free becuase it's more profitable for cops to be giving tickers instead of stopping them, that is the time for violent protest. When there is no other alternative, that is the time for violent protest.

      I have my freedom of speech and if the goverment wants to opress that by saying I'm threatening them, go right ahead it'll be more fuel for the fire and it'll make my conviction all the stronger. I'm simply reiterating something they already know and history has taught us; if you fuck enough people over, they'll fight back.

    3. Re:I think this message is fairly clear; by Anonymous Coward · · Score: 0

      The bigger problem here is that you open source weenies don't have the courage or conviction to bring an attack like this to fruition. You talk and you talk and you talk. But in the end, nothing gets done. Writing letters and voting is about the extent of what you'll ever do to change the world. So suck it up and accept your role.

    4. Re:I think this message is fairly clear; by Halo1 · · Score: 4, Interesting
      I don't know about you guys, but protests aren't working, letters aren't working, e-mails aren't working. Voting is not working, propaganda isn't working. There's only 1 alternative after peacful protest; violent protest and our leaders are too dumb to realize that if they piss enough people off, they are dead meat literally.
      Are you completely out of your mind? Actually, what apparently isn't working is the informing of the media, because the article at the Register is factually wrong. First of all, the European parliament voted (unanimously!) last Thursday (2003/06/16) against rushing the proposal through, so there is no vote today on it. Secondly, a lot of MEP's are *against* the software patents proposal. I don't think the author of the article bothered to contact any politician, she just enumerated a couple of popular preconceptions about politicians.

      I do have contacted my (Flemish) MEPs and it turns out all Flemish parties but one are against software patents (only the liberals haven't chosen a side yet). Arlene McCarthy is starting to get strong opposition from within her own (socialist) faction... Although I by no means want to suggest the fight is over or won, the article at the Register is spreading a lot of uninformed FUD imho.

      It does make some good points, but it's by no means accurate about how a lot of politicians think about this issue, unless only the Belgian factions are against and the representatives from all other European countries are pro, but I doubt that... Most of the times, these factions try to take a common stand.

      PS: I'm not politically active (except by writing an email - in Dutch - to the Flemish MEPs on this issue) or tied to one or other party in any way.

      --
      Donate free food here
    5. Re:I think this message is fairly clear; by Anonymous Coward · · Score: 0
      This man's got one thing that too many Westerners lack these days: Passion.

      Do something to stop what this world is turning into you fuckin' sheep.

    6. Re:I think this message is fairly clear; by Anonymous Coward · · Score: 0
      This man's got one thing that too many Westerners lack these days: Passion.
      Having passion is one thing. Doing something good/effective with it is another...
    7. Re:I think this message is fairly clear; by TyrranzzX · · Score: 1

      Goto rantradio.com and spread the virus. I can't do anything by my lonesome but with the help of others I can do something.

    8. Re:I think this message is fairly clear; by swissmonkey · · Score: 1

      No, I just have a brain, something which you obvisouly don't have.

      Community is more important than the individual, if the decision of the majority pisses you off, then so be it, and if you do any violent act, then you need to be thrown in jail, if you fight it physically and get shot, I won't shed a tear, you deserved it by your stupidity.

      You're just egoist and think only about your own interest, you're an idiot.

  44. EU credibility on the line by SunPin · · Score: 4, Insightful

    You make a serious point. Newsclips of late have portrayed European governments as highly sympathetic to the needs of their local economies. I doubt the EU can survive the damage to their credibility if they pass this and Munich et al. gives them the bird. Despite zealots, governments in Europe at every level have a huge interest in seeing that Linux thrives. It's a home grown OS for them and an enormous chunk of Europe (15%) depends on Linux. Europeans will get along only if the EU isn't pulling stupid stunts that hurt individual member states. Corporate influence is much weaker because of this dynamic.

    --
    Laws are for people with no friends.
    1. Re:EU credibility on the line by Alcohol+Fueled · · Score: 0

      Okay. This post by SunPin is basically a copy and paste from a previous post in this same discussion thread. See here to see what I mean. The first comment was modded Insightful, and this guy gets almost the same score for pretty much C&Ping something?

      --
      Ah am not a crook! (\(-__-)/)
  45. Re:Good for them by infolib · · Score: 4, Informative

    intellectual property and patents are two fundamentally different things.

    No. "Intellectual property" is used generally about exclusive rights to information in some form. See for instance the annex to the EU directive proposal on IP enforcement. It mentions copyright, trademarks, biopatents, denominations of geographical origin, semiconductor topography etc. Oh well, perhaps it's used differently in the US.

    --
    Any sufficiently advanced libertarian utopia is indistinguishable from government.
  46. Re:Good for them by Billly+Gates · · Score: 3, Interesting
    True.

    Computers at the very internal level only know if something is on or off. A layer outward shows these patterns can represent numbers. Everything is a number.

    People, when they see gui's see text and virtual paperpads ( word processor ), virtual accounting books ( spreadsheets ), text, and cute little graphics. Internally they are just numbers. Most are not even aware of ASCII. Obviously ascii is just a number chart since computers only know numbers and need a way to output and input text. And graphics are just an array of numbers where numerical numbers represent color, darkness, and pixel position for each of the values. All the image formats just compress this to a file but uncompressed the formats are pretty much the same.

    The problem is most people writing the laws do not know this and all they hear are lost R&D and jobs due to piracy from industry lobbiests. They consider programing == manufactoring since alot of hard work goes into comming up with idea's and somebody can take them. Also campaign money is a good thing so they can make compromises.

    The sad thing is that the EU parliment is not a democracy! They are appointed by memember states. These memember states are elected and influenced by lobbiest. The senators in EU parliment know they can not be unelected so they do not give a shit. I think the EU could be vulnerable to corruption without checks or ballences. Hitler came to power because Germany had a lose set before ww2. He only won 26% of the vote and was appointed by conservative leaders to overthrow the left. Turns out he took over the whole government then country as a result.

  47. Re:typical europe by mkavanagh · · Score: 1

    Oh, please. I'm British, and we're perfectly capable of making stupid laws and inducing prejudice through the media and putting yes-men into power. Propaganda such as yours is exactly what is most wrong with this country.

  48. Money talks by PingPongBoy · · Score: 2, Interesting

    I like the part about inventors being protected. Any poor schmuck can invent an algorithm and sell it to earn a living rather than allowing some rich jerk reverse engineer it and use it in a business.

    Software is typically not locked into a jurisdiction. It's production is not confined to a factory. There is no bricks and mortar as long as the software is not used to run a business with a bricks and mortar element.

    If the Internet is fast enough, software can be running on a server far away where no patent restriction exists.

    The new patent law will cause a spike in inflation. Initially software developers will pay a lot to get as many patents as possible on many little routines. No one wants to leave any crumbs around. If many patents come into existence, there may be a large number of lawsuits going around with people trying to grab as much money as possible. This will cause all kinds of businesses thinking of new software to raise prices.

    The inflationary surge should start soon, even before the vote. Programmers that anticipate a patent deadlock, the situation where patent holders sue each other for every little software tidbit, have to raise capital now to patent as much as possible. Research has to be done to prepare for patent applications. No one wants to miss the boat.

    What has to be prepared? I'm not an expert in patent law, but the software developer has to show that the software does something not done before in existing patents, at the very least. This will mean searching the patents as well as explaining what the software does so nicely. Time consuming and expensive but the loser pays the winner so it's worth it.

    One can bet that all the large companies that get in the race will try to patent everything and the kitchen sink so a lot of software may be unpatentable due to competing claims received at the same time for the same thing.

    All the same, no one wants to find out that quicksort has been patented by IJKIJK Inc. all because no one else competed for it.

    A ton of money was spent on Y2K. Now a frenzy of spending will occur for patents.

    Let's compile lists of software, patented and yet-to-be-patented.

    --
    Know your pads. One time pad: good for cryptography. Two timing pad: where to take your mistress.
  49. get an open source lawyer by jeoin · · Score: 1

    Why not? Why not find a linux advocate that cares and also is a lawyer. So we set up a community effort to pool our resources and counter the threat that big corporations have always imposed. We could beat their cases in court, ban together to change the law. Since big business has money we need to have cohesion.

    --
    Jeoin
  50. open source governments by cifey · · Score: 2, Interesting

    How will these patent laws effect governments which are trying to use open source? They might have more pull than anyone.

    --
    Hello Cruel World
    1. Re:open source governments by barryvoeten · · Score: 1

      I wonder about that too. I suppose at least the Germans will stop this whole thing.

  51. The legalist approach of GPL is doomed. by Anonymous Coward · · Score: 1, Insightful

    The Laws will always be owned by the rich and powerful. The way of sharing, free software is alien to them. This way has grown too strong for their liking. They are pybassing the copyright law so far misused for our benefit.

    We can't fight on their terms. We can't make free software something it isn't, to make it understandable for them. Open source is a scam. It does lip service, but it is irrelevant, it does no good against attacks like the patent law. At best they are at loss; at worst they abandon free software altogether.

    The best options available are resistance and finding ways of making them irrelevant.

    I, for one, have hope at peer to peer software. They can never drain that swamp, short of shutting down the Internet. They are a behemoth, able to smash large things, but a multitude of small things can evade it, even bring it down. The swamp is what we must defend and extend. GPL is just a fortress for them to storm. GPL relies on the law, it is vulnerable to it. They own the law.

    I will continue to release software under the GPL as thus far. But if they come after me with their petty patent law, you will know where to find further releases.

  52. Re:Good for them by PingPongBoy · · Score: 1

    LZW per se is not patentable. LZW using a computer to compress images is.

    Then use LZW on a Turing machine.

    --
    Know your pads. One time pad: good for cryptography. Two timing pad: where to take your mistress.
  53. You mean "Thank you, US" by jmason · · Score: 2, Interesting
    Actually, you can thank the US for that. ;)

    One reason this has come up as an issue, is because the US (via the WTO) have been applying pressure to countries around the world to "reform" their IP systems -- to match the US' own system -- for quite a while.

    The TRIPS (Trade Related Aspects of Intellectual Property Rights) treaty, and GATT, are the main methods used to do this. The FFII page on the treaty notes 'Article 27 has often been construed by patent lawyers to imply that patent claims must be allowed to extend to computer programs' (my emphasis).

    FFII go on to make the case that this can be circumvented BTW; here's hoping, since all of Europe has signed up to TRIPS AFAIK.

  54. If the rest of the article is as badly researched by Anonymous Coward · · Score: 0
    nnovation: If companies are able to as there section describing defences for stronger patents
    In this sense, patents protect not only large but also small companies (1994 - Stac won $120m from Microsoft after it included its compression program in Windows).
    This has nothing to do with patent law. Microsoft copied the program thus infringing copyright. If they had made there own compression program then it should not be an issue. This is the stupidity of using the word "Intelectual Property". Copyright law makes a lot of sense and is easy to comply with. With patents it is impossiable to insure compliance. There is always the posiability that some patent will be found to apply to your invention.
  55. AFAIK this is postponed. by balog · · Score: 1

    http://swpat.ffii.org/news/03/plen0626/index.en.ht ml

    no?

    1. Re:AFAIK this is postponed. by balog · · Score: 1

      fucking filter. (and, yeah, DOH for not making it a link)

      http://swpat.ffii.org/news/03/plen0626/index.en.ht ml

  56. A way to use this against the government? by Zen10 · · Score: 1

    Patent laws apply to processes right? That's how they're able to apply to that stupid "one click" thing. So how about applying for a patent towards various processes that various government beurocracies use? That way massive lawsuites could be launched against the government ordering them to cease and desist from using them, and causing the governments to run into huge problems. So the politicians will alter the patent laws, and thus many if not all of the software patents would become invalid. Sure a valid patent even under the current rules couldn't exist, but there are plenty of invalid patents being given all the time. So all it would take is several filings of various properly obfuscated patents to get one of these.

  57. bs. by autopr0n · · Score: 1

    It looks as though, despite widespread and deep criticism, the report will be adopted. And this will probably mean a shift of power from small software companies and the open source community to large multi-national corporations.

    OK, this is laughable. Two reasons. 1) Corporations already have the power, and 2) Without patent law, individuals and small companies would have more power over huge corps. Anyone can file a patent, it only costs a few hundred dollars. And believe it or not individuals can and do prevail in court over large companies in patent disputes.

    Without patents, anyone can sell tools that do the same things. Who ever has the most resources wins. If, without patents I thought up an innovative software tool, Microsoft could implement it and throw it into windows. With patents, they can't.

    I do think patent mania has gone a little too far, but acting like they are pure evil is just stupid.

    --
    autopr0n is like, down and stuff.
  58. Oh, puleeeze by autopr0n · · Score: 1

    If you havn't noticed, here in the US you can patent anything. This is also the country that orgionated the GPL and Free Software. Free software has been around for over 20 years in this environment, and there's no reason to suspect it will die in europe under much more sensible patent laws that do allow software patents.

    --
    autopr0n is like, down and stuff.
    1. Re:Oh, puleeeze by Zork+the+Almighty · · Score: 1

      For most of those 20 years, free software slipped in under the radar. Now that it has become a competing force, there will be war. I suggest we write free software, patents be damned. My rationale : this whole situtation is going to get a LOT worse before it gets better, and we are simply not going to win on their terms.

      --

      In Soviet America the banks rob you!
    2. Re:Oh, puleeeze by Sanity · · Score: 0, Offtopic
      Free software has been around for over 20 years in this environment, and there's no reason to suspect it will die in europe under much more sensible patent laws that do allow software patents.
      For just one example of how patents have hurt free software in the US, just look at the evolution of gzip, they had to rewrite it several times as each time they discovered that some patent covered the algorithm they were using.
  59. Vote date pushed back? by Sebby · · Score: 1
    According to MacBidouille, the vote date has been pushed back to the original September 1st date.

    Can anyone confirm this?

    --

    AC comments get piped to /dev/null
    1. Re:Vote date pushed back? by brenno · · Score: 1

      Yes that is true. I learned it from a MEP.

      --
      Cheers, Brenno de Winter.
  60. Troll? by poptones · · Score: 1
    1. Re:Troll? by Qzukk · · Score: 1

      No, it means that if you're amused by putting it together, or you assembled it to learn how a motor works, or if its assembly contains the meaning of life, then you're ok.

      If you're putting it together to use it, its not protected. If you assemble the motor for using it, thats one less motor the patent holder can sell you for your use.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  61. Why I question this by MickLinux · · Score: 4, Insightful

    Look, there are a couple of problems with this database:

    (0) They require CVS. That's awkward. Lots of people have ideas who don't use CVS.

    (1) It's website is, by the URL, non-GNU. My worst nightmare would be submitting to this site, and later finding that they patented it. Microsoft would love to buy a site like this. How do I know this won't happen? They don't describe their process; they just say "oh, it's here." That bothers me. Can the FSF verify this site?

    (2) the PADB should be sending its ideas to the appropriate developers for possible development. Specifically, coders should be able to sign up for the class of coding they they do, and submitters should be able to direct information to them. But there's a name for this: a journal. At the very least, all ideas in the DB should *also* be published on the web. I should be able to go to a website, and either browse or search.

    ---Now, what I think the PADB should be doing instead:---

    (3) Time-stamping is easy: simply submit a copy of your information to the Library of Congress (US) or any other national library.

    (4) Both (2) and (3) can probably be accomplished by publishing a journal would do the trick. Typically, as people subscribe to journals, they also pay a small amount -- or advertisers pay.

    (5) As available, the PADB should also research true prior art, to break patents that are strangling free software. Those should be published as well, with a reference.

    (6) I have no idea whether this site will do this or not, but the site should keep a database of the inventors. Probably the inventors have more ideas, or have done more work than is published. Therefore, they are an ideal consultant.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  62. The European Parliament ? by Cochonou · · Score: 1

    I believed the EU Parliament had about no power, that its main role was only controlling the other institutions.

    After a little research:
    The Parliament's powers, which have grown very substantially since the 1957 Treaty of Rome and especially since the 1986 Single European Act, now include: * the right to examine, amend, or reject most proposals for EU legislation and the EU budget; * the right to approve the appointment of the President and other members of the European Commission; * the right to approve all important agreements with non-member countries, including the admission of new members; * the right to examine every aspect of EU activity through questions to the Commission and the Council of Ministers, special committees of inquiry, and regular debates on the Union's annual legislative programme and the work-programme of each six-month presidency.

    And more specifically, since the Amsterdam treaty:
    The EP's powers were radically altered by the Treaty on European Union signed at Maastricht in 1992 (and hence known as the Maastricht Treaty). As a result of this treaty (which entered into force on 1 November 1993), Parliament wields a power of codecision together with the Council of Ministers on legislation in important policy areas including the single market, culture, education, health, research and the environment. Parliament's lawmaking powers have been significantly expanded as a result of the Amsterdam Treaty, which was signed on 2 October 1997 and entered into force on 1 May 1999. From now on the EP will have an equal say on legislation in 38 areas instead of the current 15. These will include employment, social policy, health, transport, consumer protection, further developments in the single market (e.g. free movement of workers and freedom of establishment), education and vocational training. The basic assumption of the codecision procedure is that Parliament and Council are equal. Its aim is to bring about a consensus between the two institutions. Agreement is reached via the "conciliation procedure", which follows on from Parliament's second reading. Under this procedure Parliament and Council are equally represented on a Conciliation Committee, whose task is to reconcile divergent positions of the two sides. Experience shows that in the vast majority of cases the procedure works. When it doesn't work, the legislative process has failed. This means that, under codecision, EU legislation cannot be adopted against Parliament's will.

    So it seems we have to see what the European Council (which holds true power) has to say on this matter.

  63. Addendum by MickLinux · · Score: 1

    I should offer one more comment here. I *do not* have good website development skills. I *do* have a prepublishing company. I think that starting a journal and publishing it would be well within the range of possibility and practicability, but what we do not have is money.

    So the only way I could publish a journal would be if there were enough subscribers and/or advertisers to cover the cost of page layout and publication. Initially, that would mean black and white print, "text ads", minimal layout, small print, and such. I would be willing to do this, as long as I got as much out of it as it cost me [that is, paper, and I and my family and our workers continue eating].

    But there are other prepublishers out there, as well. Any of them could do the job, probably for a similar price. Some could do it for free. But no matter who does it, I really think that paper publishing still needs to be done, both for idea distribution and for the reassurance that the ideas aren't being patented.

    If you are doing the publishing, then there are a bunch of methods that can help, including: compiling all information to CD ISO images; printing to polyester paper on an HP DJ5000, and using the polyester paper as an offset print plate; each idea gets its own index number, and the index numbers are then entered into the appropriate classifications. That's for starters.

    But I can say immediately that this can't be done without a good web development team, as well [something which I cannot do]. Businesses will want paper and some programmers will prefer paper; but the Free Software developers are too web oriented to let things be limited to paper.

    Anyhow, if there is someone who wants to get an FSF idea journal going, and has a web development team, and compiles a list of subscribers, and wants to contact me, they can do so: reply to my journal entry, or to any recent post.

    But I probably am not ideal, and if you can get someone who is ideal, so much the better. Look around, especially for those in your own hometown -- but also realize that time is running out. The prior art search service really needs to be up and running *before* the EU patents go through, lest GNU's momentum be destroyed.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  64. Vote was postponed to September by Balaitous · · Score: 5, Informative

    It is known since Thursday 26 June that the vote will not occur on 30 June. Despite pressure from the pro-patent UK labour rapporteur Arlene McCarthy, the conference of group presidents in the Parliament has decided that the vote in plenary will occur only in September.
    A little more time to convince Members of the European Parliament of all parties of the the common sense decision: rejecting patents for software ideas and information processing methods.

  65. Sign the petition !!!!! by Anonymous Coward · · Score: 0

    http://petition.eurolinux.org/index_html?LANG=en

  66. Ok here is what you can do by Anonymous Coward · · Score: 0

    Help out the http://www.ffii.org/en by direct support or just by donation of money.

    Sign the Eurolinux anti patents petition

    Write to your member of the European Parliament, emails usually can be found at the homepages of the political parties of your country.

    And please don't just do the usual british anti eu rants here, the main proponent of software patents is from britain. Everybody knows whom I'm talking about.

  67. EU law by Zog+The+Undeniable · · Score: 1

    It's OK, the Italians will ignore it and create a safe haven for open source in Europe! (Seriously, the Italians are notorious for supporting every piece of EU legislation during its creation, then failing to comply once it comes into force.)

    --
    When I am king, you will be first against the wall.
    1. Re:EU law by Anonymous Coward · · Score: 0

      Actually, France is historically more prone to not complying with the directives. They have also already stated their opposition to software patents.

  68. Easy solution by Ath · · Score: 5, Interesting
    I am sure this is not an original idea, but why do open source developers just make a minor change in their license. Basically that under no circumstances can a patented software application make use of any functions built into the open source software.

    This would simply use a software licensing term to send a clear message. Want to patent your software? Fine, but you won't get to use it with any open source software.

    Everyone is trying to put their damn finger in the dike regarding this stuff. I say we pull our fingers out of the holes and let the place flood. Then we will see how companies like it when they want to use everyone else's work to their financial benefit while not sharing.

    You think Amazon and it's "one-click" crap doesn't use open source software to actually implement the idea?

    1. Re:Easy solution by Alsee · · Score: 1

      For one thing a new clause like that would be incompatible with the GPL. Authors can re-release their code under the new licence, but projects like LINUX have several thousands authors. You could never contact them all therefore you'd have to re-write almost everything from scrach.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    2. Re:Easy solution by HiThere · · Score: 1

      Actually, the GPL essentially includes a clause like that. But it only applies if you are distributing the software (and you also have a legal right to distribute it, i.e., you can satisfy the requirements for distribution).

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    3. Re:Easy solution by Ath · · Score: 1
      For one thing a new clause like that would be incompatible with the GPL.

      My recommendation is to change the GPL to include this restriction. It would be a completely innocuous restriction, so long as you did not try to enforce unfriendly restrictions in the EULA that were specifically forbidden in the GPL.

      Your point about changing the license for existing code is well taken, but I think it would become irrelevant in a relatively short period of time. If you release all new version under the modified GPL (or variant) then you would quickly reap the benefits.

      Some might argue that this kind of restriction is exactly what the GPL is meant to fight against. I agree on one level, but if we wait around for the IP laws to reflect the open source approach to software development then we will continue to face such restrictive acts.

      Is it so hard to imagine a future where IP rights are automatically given to an author without any claim of ownership from the author? What if the state or even an independent third party could legally act to protect these IP rights on "behalf of the public". It's not too far fetched. These independent parties could then use the law to basically attack real or potential competitors without even owning the IP right itself.

  69. Petition against software patents by Anonymous Coward · · Score: 0

    150'000+ people has already signed.

    http://petition.eurolinux.org/

  70. Constant battle by freedog · · Score: 2, Interesting
    I am getting so sick of this constant battle having to be waged just so I can have my right to freedom of speech and my right to earn a living with the tools that I choose. These are all being threatened by the basest of interests, a pure Machievellian credo.

    A pondering/suggestion:

    I think it is time to put our money where our mouths are, since it seems that at the present hour, this is the only way to be heard. The saying "An ounce of prevention is worth a pound of cure," seems to be apropos right now. I mean, there have got to be a least a million users of Linux that are aware of the issues at hand, earn their living in large part due to OSS and GPL'd software, either through coding or adminstering it, and/or both combined. I'd wager that at least a million or so of us could donate 100 U.S. dollars each to some general fund to promote the interests of OSS and GPL. I think it's time we all realized that our asses are on the line and if we don't put up a good fight now it's game over. How much is your freedom worth to you? How much is your time worth to you, and then consider the countless hours you will waste using proprietary once you no longer have a choice - not to mention the things you will never be able to do should you be forced to use only proprietary software. You can accuse me of being an alarmist, but it seems to me that this is the intention of the BSA et. al. These are ruthless, amoral people that aren't happy until they have total control, people who consider sharing a trait of "suckers".

    Everyone on this site seems to want to bash RMS, but excuse me, where is Linus while this EU putsch is going down? I mean, if for no other reason, he should be a little concerned about his own rearend, because if things keep going the way they are, he'll be next in line for a lawsuit. You may not agree with everything RMS says, but at least he's out there doing battle. It's 5 til' midnight, doesn't Linus have anything to say about this. WTF! If not Linus, somebody in a leadership position needs to standup and ring the donation bell real loud and clear and lead the charge because We are losing the battle.

  71. European Parliament Rejects Attempt to Rush Vote by Elektroschock · · Score: 1

    European Parliament Rejects Attempt to Rush Vote on Software Patent Brussels 20030626 For immediate Release The European Parliament has postponed the vote on the software patent directive back to the original date of 1st of September, thereby rejecting initially successful efforts of its rapporteur Arlene McCarthy (UK Labour MEP of Manchester who acted as a rapporteur for the directive in the parliament) and her supporters to rush to vote on June 30th, a mere twelve days after publication of the highly controversial report and tend days after the unexpected change of schedule. Background Members of Parliament from all parties had complained that it was impossible to react adequately within a timeframe of 10 days. Until Wednesday, leaders of the two largest blocks, the socialists (PSE) and conservatives (PPE), seemed determined to follow the recommentations of their "patent experts" and go ahead with the vote quickly. They explained that there was no reason to wait, because all possible amendment proposals had already been submitted to the committees and translated to all languages, and there was no need for new amendments. This view however became increasingly difficult to uphold, as more and more MEPs in all parties became aware of the schedule change and pointed out that they wanted to prepare new amendments. Within the socialist group, a large opposition group, possibly the majority, gathered around Michel Rocard (FR), Luis Berenguer (ES), Evelyn Gebhardt (DE), Olga Zrihen (BE) and other MEPs who had played a prominent role in resisting software patentability. On Wednesday the climate change became apparent. More and more MEPs rumored that the schedule would not be upheld. Even (11)Arlene McCarthy was quoted as saying that it might be too tight. A spokesman from the (12)General Directorate for the Internal Market of the European Commission, which has been pushing for the directive together with Arlene McCarthy and other allies in the Parliaments Commitee for Legal Affairs and the Internal Market (JURI), meanwhile told journalists: "Arlene McCarthy has tried hard to have the vote conducted on June 30th, but as things now stand, this looks rather unlikely." On Thursday morning, at the meeting of the secretary generals, the representatives of all political groups voted for postponment. Their vote was confirmed by the conference of presidents (i.e. head of transnational party groups) during their session at 3 p.m. At 8 p.m. the decision was made public on the Parliament's (13)schedule webpage. Many software professionals have been contacting their MEPs in recent days. A letter by (14)Tim Jackson, operations manager for Internet Assist Ltd in Chelmsford, UK, reflects the mood : Almost all involved in software in Europe, bar a select few large corporations, and law firms who make money from litigation and legal complexities, are opposed to software patenting. There is a huge groundswell of opinion amongst the real software engineers (who understand the complex process and history of software development) which favours strong and unambiguous prohibition of patents on software. Copyright is the right tool to protect software, not patents. By using grossly misleading and emotive language such as "giving software innovators the protection they deserve" the proponents are trying to give the appearance that software developers and businesses are crying out for "protection" by patents, when quite the opposite is true - we (and society at large) actually want and need protection from software patents! (...) If any of you intend to vote in favour of the proposed Directive, may I ask you to be so kind as to explain to myself your reasons for concluding that this is in the interests of Europe? The eyes of many IT-literate constituents are on you, and you will undoubtedly permanently lose many of our votes (certainly including mine) should you choose to support this assault on our livelihoods and interests. This groundswell of public sentiment, together with a concerted lobbying effort by a group of 2000 software companies

  72. Politicians won't care by zzyrc · · Score: 1

    The problem is that todays politicians are not public's representatives anymore - in fact they support the companies that have helped them during election or give them another pay beside their already quite huge daily allowance.

    However, stupid public elects those people again and again. So what do you expect?

  73. Re:Spreading FUD (There you have one case) by Anonymous Coward · · Score: 0

    Of course it happens.
    Your are just to blind to see. Check this case in which a german mathematican was stopped from distributing his software by some americn patents...

  74. Re:Good for them by con · · Score: 2, Insightful
    The sad thing is that the EU parliment is not a democracy! They are appointed by memember states.
    BEEP! Wrong. MEPs ( Members of the European Pariliment) are elected. I think that the election is every 4 or 5 years.

    These memember states are elected and influenced by lobbiest. The senators in EU parliment know they can not be unelected so they do not give a shit.
    BEEP! Wrong again. What you are thinking of is the European Commission - similar to the US Administration who are also unelected.

    There are several check's and balances in the EU including EU Parliment, EU Commission, EU Court of Justice, National Parliments, EU Court of Auditors, EU Court of Human Rights, and EU Council of Ministers.


    I think the EU could be vulnerable to corruption without checks or ballences.
    You are quite naive if you think that any political process is immune to corruption.


    Hitler came to power because Germany had a lose set before ww2. He only won 26% of the vote and was appointed by conservative leaders to overthrow the left.
    Oh gawd! I won't even try to correct this many mistakes/miscomprehensions/rose-spectactled view of the world.

  75. We have three weeks by JPMH · · Score: 1
    The vote isn't until 1 September.

    But in effect there are only three weeks to go, because for most of that time the MEPs are away on holiday.

    To be more precise:

    • Next week [30/06 - 04/07] we can lobby in Strasbourg (Session).
    • The week after [07/07 - 11/07] we can lobby in Brussels (Committee meetings).
    • ... after that there is no official business scheduled all summer ...
    • Finally [25-29/08] there is one week in Brussels before the September session which starts on 1st September.
    Even then, attendence for the two outlying committee meeting session-weeks in Brussels is notoriously poor.

    The MEPs' UK constituency offices stay open over the summer, but politics in Brussels essentially shuts down.

    So the next two weeks are critical.

    Most of the political groups will decide in Strasbourg *this week* what line they will take, before all the MEPs go away.

  76. European Social Democrats, speak up by Christian+Engstrom · · Score: 1
    The bill is being introduced into the European Parliament by a representative from the UK Labour party, which means that members of the PSE group (Social Democrats, roughly) from other countries might feel inclined to support it on the grounds that "it comes from our side".

    The PSE members from other countries ought to reflect upon the fact that the primary motivation for a representative from the party that is in government in the UK is quite likely to be that the UK government is interested in nurturing its "special relationship" with the US, rather the (dis-)merits of the proposal in an of itself. While this may be a perfectly rational stance for the UK Labour party to adopt, it does not automatically follow that it makes sense for the representatives from other European countries to support it, despite the fact that they may be members of the same political group inside the European Parliament.

    For this reason I would urge in particular those Slashdot readers whose political affiliations are with the other PSE parties in other European countries to contact their respective Members of European Parliament, and make the case against software patents to them. It could very well be that some of those MEPs were just intending to support the bill out of loyalty to their political friends, rather than on deeply held convictions, and that they might be quite prepared to listen to reasonable arguments (if they are presented in a polite and coherent manner).

    --
    Christian Engström, Former Member of the European Parliament 2009-2014 for The Pirate Party, Sweden
    1. Re:European Social Democrats, speak up by Gwylan · · Score: 1

      And the British Labour party is very, very chummy with Microsoft. Bill Gates has been a visitor to Number 10 (the PM's house) many times and there have been some very 'favourable' licensing deals. Looks like some Microsoft's lobbying has paid off.

  77. We have three weeks by JPMH · · Score: 2, Informative
    Sorry to repeat myself, but the time for action and contacting MEPs is now

    The truth is, we have about three weeks to go, because for most of the summer the MEPs are away on holiday.

    To be more precise:

    • Next week [30/06 - 04/07] we can lobby in Strasbourg (Session).
    • The week after [07/07 - 11/07] we can lobby in Brussels (Committee meetings).
    • ... after that there is no official business scheduled all summer ...
    • Finally [25-29/08] there is one week in Brussels before the September session which starts on 1st September.
    Even then, attendence for the two outlying committee meeting session-weeks in Brussels is notoriously poor.

    The MEPs' UK constituency offices stay open over the summer, but politics in Brussels essentially shuts down.

    Most of the political groups will decide in Strasbourg this week what line they will take, before all the MEPs go away.

  78. It's only a hiccup guys by melonman · · Score: 2, Insightful

    Predictions of the demise of computing, or even the demise of European computing, seem a little premature, IMO. Whenever this sort of thing is discussed on /., people respond as if we are talking about the law of the Medes and the Persians, ie once it's passed it can't be modified or recinded. A brief look at EU legislation in any other area shows that this is not the case.

    Take farming legislation. At one point, the EU was paying farmers to remove hedges from between fields to allow US-scale farming technology. Lots of people said it was a dumb idea, the EU persisted, the topsoil blew away, and now the EU is paying farmers to put the hedges back. Probably not the best environmental scenario imaginable, but it could have been a lot worse.

    On the 35-hour week, one of the cornerstones of EU employment law, countries like the UK never bothered to enforce it, and countries like France who did are now backpeddling like mad before unemployment rises any further.

    The EU is not the Beast, it's just not clever enough. It doesn't have much of an ideology, despite France's best efforts to give it one. It's the world's biggest fudge factory. The people who draft the legislation like regulation, but if it hurts national interests those people get stomped on.

    IF software patents are approved, and IF they are enforced at national level (in Italy?? Greece???), and IF large companies set out to destroy small companies, the legislation will be changed. The first time a non-French company threatens French jobs through patents enforcement, I would expect the French government to take unilateral action, backed by the majority of their population and the Germans, and simply refuse to budge until the EU caves in, much as they did over BSE (the UK had the law squarely on their side, but what difference did it make?) I saw an article in a national French newspaper six months ago about a powerful French lobby demanding that French computer games be classified as 'art', like films, so that the government can limit and tax US imports, subsidise French computer games, enforce quotas in shops and cybercafes...

    So if you guys the other side of the Pond want to see this law withdrawn, lobby a big American company to threaten a French one, and Chirac will do the rest :-)

    The same is true for patents in the US, except that the rebound would be faster and harder. Politicians are stupid, but they aren't that stupid.

    --
    Virtually serving coffee
  79. I've seen him speak by pjc50 · · Score: 2, Informative

    I saw him at a conference in 2000 on "Collaboration and Ownership in the Digital Environment" - a big multidisciplinary thing on IP. He was as you say, a prepared, coherent and persuasive speaker.

    Then the next speaker came on, an EU patent lawyer, to describe the current system. He pointed out that you can already patent software in the EU, you just have to use the right phrasing. Somewhere in the middle of this, RMS went bersek and started ranting from the audience. People had to persuade him to leave before the lawyer could continue.

    If that had been, say, an internal EU consultation on patents, someone would have called security and that would have been the end of the Free Software community's involvement in the process.

    RMS is not always a zealot, but flashes of zealotry are just too inappropriate for the modern political environment. A different representative is needed for that, and one has not yet appeared.

  80. Re:Good for them by Anonymous Coward · · Score: 0

    Not a great proof -- the Turing-Church thesis is not
    a statement of mathemetics (though we all believe it)

  81. If that's true, it's extremely dangerous by MickLinux · · Score: 1

    I should note that if that is true, then that implies that money has bypassed the popular power already, before the EU has even gotten its constitution.

    In such a case, that doesn't mean that the people are without power -- far from it, it means that the people have more power (it isn't reigned in by governmental process), but only with the power modes that are normal to popular voice.

    Typically, that's ended up being Russian or French revolution. That's bad; very, very bad.

    On the other hand, let us consider: if popular power, not given a voice in the government, becomes more powerful within its realm, then what should we do about the power of money, which is overthrowing the other forms of power (wise counsel/courts, charismatic leader/president, popular power/lower house, ethnic group/Senate)?

    I would suggest that if this is the case, the EU's parliament needs to give an official voice to money, but in a way that reigns in it's unsettling characteristics. For example, allow a third house that has *only* bought seats, sold at auction to the highest bidder [365 seats, 1 sold per day, good for 1 year], that has the power to block new law, but not to write or introduce new law.

    Of course, they don't have to. But a government's modes of failure depend on its structure. So if they don't, my advice would be to stay out of the population centers (cities, for example) when [not if] civil unrest begins. It's bound to be bloody.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    1. Re:If that's true, it's extremely dangerous by Anonymous Coward · · Score: 0

      " I should note that if that is true, then that implies that money has bypassed the popular power already,"

      It did that years ago. The whole power structure of the EU and most of its member governments is essentially corrupt to the core: you only have to look at tht track record of the UK's corporate puppet MPs to see how bad it is.

      And it's going to be years before this is changed, probably a decade or two before real civil unrest starts. Why? Because, so far, they have avoided or downplayed most issues that would bring it onto the radar of the "9 to 5, watch soaps, read tabloids, don't care shit as long as the wage comes in" majority of the population. Software patents? Obscure legal mumbo-jumbo most people haven't got a clue about, much less feel passionately enough to torch city centres about.

      Remember that what people really, truly want isn't freedom or justice or good government, it is that tomorrow will be much like today. It is only when you start to have noticable, significant effect on their circle of life that the drowsey masses start to make a noise.

  82. No. Don't advocate violence by MickLinux · · Score: 1

    It's one thing to say that violence comes from ignoring the power of the people. That's a political science theorem. It might be right, it might be wrong.

    It's entirely another thing to advocate violence. Be very careful what you say, therefore. Don't advocate violence.

    For one thing, violence is a kind of war as are many others, including terrorism, nuclear war, cold war, insurrection, revolution, and civil unrest. Not one war has ever had a winner. Everyone loses in a war, but some lose more than others. It's much better to just skip war entirely, even if it means leaving your homeland.

    For another thing, advocating violence is a great way to get labeled a terrorist. At which point you can then say "I'm getting to the end of my rope and patience" as you make a short 3-foot drop on the docks.

    Much better than that is to not horriblize, find the best ways for OSS to duck and adapt to the new "biznis" climate, and keep on trying to make ends meet.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  83. Some questions... by jez9999 · · Score: 1

    I have yet to fully understand the problem that software patents cause OSS. Could somebody explain it a bit better to me? It seems to be that the opensource ideology is that *EVERY* piece of code in an OSS program has been written, ground up, by a developer who has licenced the code to be opensource. This can't possibly infringe a software patent; the opensource program is different in substance from any patented program/code, and was written seperately.

    It was my understanding that originally, Linux was written by Linus Torvalds and a group of other opensource developers, who licenced it to be opensource. If Linux contains 'some areas' of the kernel that are patented, why can't some opensource developers just rewrite them, and licence them under the GPL? No patent infringement, no lawsuit.

    What is the issue here? Although this rather reprehensible change in law would make it easier to be granted software patents, how would it make stuff like Linux illegal?

    1. Re:Some questions... by Anonymous Coward · · Score: 0

      Patents cover ideas, not implementations, which is the domain of copy rights.

      If a company patents the process of, say, a sort routine which just happens to be mathematically provably the best possible way to accomplish a given task, and a Linux developer comes up with the same idea on his own (after all, there is only one best way to do this hypothetical task), the Linux developer is infringing on the patent. It doesn't matter whether or not he/she knew before implementing it (well, it does when determining damages, but it is infringing either way).

      Even if the company is aware of the infringement they don't have to sue right away. They can bide their time until they are certain that so much of the program relies upon the infringing code that a rewrite becomes effectively impossible (realtime apps that depend on the optimized FFT, for instance, would have been susceptible to this tactic).

      So you see, you might be unknowingly infringing on any number of patents when writing software. Even if your code is high quality stuff, most companies will not risk using and therefore becoming reliant upon it for fear that it might be infringing on a patent and that the owner of the said patent might sue for damages in the future.

    2. Re:Some questions... by jez9999 · · Score: 1

      Patents cover IDEAS?? OK, so software patenting would make it impossible to write a piece of code without worrying that you may be infringing on a patent. What do they expect you to do, get a lawyer to do a patent search every time you write a new program, or addition to your program?? This does seem like madness. Didn't they actually think about how much this idea would hinder the development of new programs?

    3. Re:Some questions... by logpoacher · · Score: 1

      You are, I think, confusing patents with copyright.

      If I have a patent on, for example, "dynamically installed software for controlling auto-sensed computing equipment" (ie plug and play), then it doesn't matter whether it's written by you or Fred Bloggs' brother, in C or Lisp or Java. If the software does what my patent describes, then its ass is mine, and I dictate the license terms. It's the idea that counts.

      Of course if *I* wrote the software, and you used it in your own products, then whether that's legal becomes a copyright issue. If you sidestep the copyright and do a clean-room re-implementation, I'll whack you with the patent.

      The specific danger with software patents is that there are so many of them, covering so much, that no real software engineers can ever hope to avoid them all. So all our code is legally disputable. OSS is particularly at risk because there is no revenue stream to build a fighting fund to defend against patent infringement claims, or to pay licence fees on patents which it (almost inevitably) does infringe.

    4. Re:Some questions... by logpoacher · · Score: 1
      Jez9999,

      You got it. It's deeply crazy, evil stuff.

      But then, if you're a toymaker or something - you make real things - you bump into patents all the time. The difference is that our craft is expanding at a fantastic rate, so there are gzillions of patents. And most patents in our field are still current - if you make puppets from wood, most patents that matter are long expired.

      Didn't they think about it? Well, if you're a big co, then these patents are your weapon against small companies that come up your ass. They start to bite, then you start hitting them with patent suits and threats, and they either die or they cooperate. Joke is that these are the people that patents are meant to "protect".

      The other "they" in the question - the politicians - mostly don't know the difference between developing new programs and wiping their bottoms. So no. But that's not their fault: I know some programmers who don't know the difference either...

    5. Re:Some questions... by Anonymous Coward · · Score: 0

      Like jez9999 I was also not completely sure of what was the problem. Thanks for the explanation. This is how idiodic it sounds like. Ford, Chrysler, Toyota, Honda, Mercedes Benz, BMW etc, etc... seem to all be infringing on ideas. The idea of a car, the idea of 4 wheels and a steering wheel an automatic transmissions etc. is that why cars are expensive? we pay for all the patented ideas from the screw to the transmission and the 4stroke engine? How many bucks could we knock off the price of the cars if we didn't have to pay any licensing fees that must be built in. I'll sue your mom because she copied my mom and had a boy just like me. Shit what a fucking dumb ass world this is. as far as code goes ... well I can see if an applications code is exactly the same as another's (copyright infrigement) but so what about the functionality. it seems to me that programs all do basically the same things. It should just be the ones that perfect it the best come out on top. Seems like some big corps are starting to shake at the knees with all the little open source projects around the world. oh oh! time to bite back with stupid little legislations to make sure we survive. do it through your integrity and determination to provide the best service. they should remember that politicians can be voted out and their products collectively banned by the OSS public. (they may be already though.).

    6. Re:Some questions... by jez9999 · · Score: 1

      Wouldn't this make criminals out of most people running a computer? Not only Linux, but I'm sure quite a few Linux utilities, 'ideas' and other OS freeware utilities and 'ideas' have probably been patented, yet there are people running software that implements these ideas, around the world, that has not been licenced. Don't they realise this obvious fact?

    7. Re:Some questions... by logpoacher · · Score: 1
      It doesn't hurt users.

      You're only bound by patent law as a creator of new stuff. If I invent a new mouse-trap and patent it, and then you start manufacturing them without my consent, then I can come after you for infringement, but not your customers. On the other hand, the court can award me damages that make up for the lost sales, and can award further damages if it's agreed that I lost out in any other way (which I might reduce if you agree to issue a product recall, for example).

      Problem is that just the threat of this is enough to prevent a customer from switching to your product if there's a plausible chance of it being terminated. And if you can't afford to fight me, then you have to settle.

      Folks like IBM, M$ etc don't have this credibility problem, because, if threatened, they can point at all the IBM (M$ etc) patents that the accuser is infringing, and they can offer a cross-licence agreement as compromise. An IBM person once claimed that their patents' ability to coerce cross-licensing was worth 10 times their raw licence value.

      It's just like Mutually Assured Destruction. My ability to blow up your cities is far less valuable to me than the fact that my bombs deter you blowing up mine. In fact, I probably don't give a damn about your cities!

  84. The people's wishes & EU/UK government by Anonymous+Brave+Guy · · Score: 2, Informative
    I think the article went on to say that despite it being against the people's wishes, it was going to pass. It's what the US wants, and it's what the corps want. It doesn't matter what the people think.

    In Europe, both at EU level and in many countries within it, it's quite normal for governments to come down heavily in favour of a particular piece of legislation to begin with, but then to back off rapidly if faced with a backlash of popular opinion. The fact that this has been brought up now doesn't mean it will automatically get passed as it stands.

    As for what the US or its big corps want, you're obviously not very familiar with Europe. With the notable exception of Tony Blair supporting Bush's invasion of Iraq (and in that case, look how the rest of Europe acted), Europeans aren't exactly known for towing the US party line. Our legal systems and governing bodies don't seem to be nearly as susceptible to corporate influence and bribes as the US equivalents.

    Personally, here in the UK, I put this down to having more than two political parties with significant power, and bizarrely enough to having the House of Lords (our unelected second chamber, whose members normally stay for life, which the government is currently trying to do away with) as a check and balance on the whims of any incumbent majority party. But I digress...

    Getting back to the plot, it does matter what the people think here, and if enough people make reasoned, informed objections, the politicians' opinions are likely to change. The problem, as the linked article in el Reg so insightfully noted, is that the average person complaining about this gets up on his holier-than-thou high horse and starts ranting. That will have exactly the opposite effect to what the advocates want, and let's face it, it probably deserves to.

    By the way, MEP = Member of the European Parliament, who are elected representatives from European member states. How much real power they have is debatable, because there are other bodies involved at Europe level besides the EP, but certainly they have a significant influence on European policy.

    MP = Member of Parliament, an elected representative of a national government (in the UK, and possibly elsewhere, though I don't know of any other country that uses that specific term). These guys do have real power. However, under current international agreements, certain "guidance" from Europe is pretty much required to be incorporated into national law in its member states within a defined timescale after it is passed at Europe level.

    Thus MPs must pass laws that respect the European direction, and under some circumstances cases within the UK can wind up being taken to Europe if the UK law is inadequate in this regard. Human rights issues have seen several such cases since Europe passed much stronger HR rules than the UK used to have not so long ago.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  85. #include <std_problem_with_RMS_post.h> by Anonymous+Brave+Guy · · Score: 2, Insightful
    All in all, he's a very good speaker, and I don't get where the idea he's a raving lunatic comes from.

    The problem with RMS is that he's a wildcard.

    He is capable, as you say, of putting together a very coherent argument to support his beliefs, and of presenting it very professionally. This is good.

    However, he is also capable of launching into spontaneous rants that are totally one-sided. He will completely ignore the good points of things he disagrees with, while outright exaggerating the damage done by something, or the negative effects he thinks it will have. His extreme views as expressed in these rants are often incompatible with any realistic outcome. Such rants very much do more harm than good, yet he has indulged in them on numerous occasions, both in print and with a live audience.

    Someone so unpredictable is simply not a good figurehead for a political movement hoping to see something changed. The first rant would convince the politicians that he was an extremist whose views were unrealistic and whose goals were unattainable, and thus someone who contributes nothing useful to a constructive debate.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  86. Congratulations... by Anonymous+Brave+Guy · · Score: 1

    You just became the idiot described in the Register article, whose outright evangelism and hyperbole cause the politicians to ignore them and their viewpoint in favour of more reasoned replies.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  87. Re:Good for them by Anonymous Coward · · Score: 0

    Hi,

    > 2. From Godel's Theorem, all true theorems in a
    > mathematical system are derivable via an obvious
    > procedure from the axioms of the system.

    Godel's theorem states precisely the opposite: there are true statements in any complicated enough self-consistent mathematical system that *cannot* be proven. A well-known example is the Continuum Hypothesis from standard set theory. Therefore the above does not prove that all software is obvious.

    If you really read again the sentence I quoted you are writing that you have an obvious proof for the Riemann Hypothesis. Please share it with us and go earn a million dollars. By the same token SAT is always trivial. I don't think so.

    Also I didn't know there existed false theorems.

  88. Reply: PLEASE, keep the Buzzard article in mind by OldHawk777 · · Score: 1

    The Article Very, Very, Very True and Good for US (us) and EU (you), I suspect globally applicable. The Buzzard article expresses great strategy and tactics for, US and EU OSS community and small company confederations/Associations. For developing political clout hire lobbyist and pay for politicians elections as a group.

    We should all remember: "Patronize Political/Religious Egos", "Money Rides to heaven and Shit Floats down stream, and "Capitalist Democracies" is a literal phrase/philosophy not in any way plural, inclusive, or figurative.

    So always praise the PTB (powers that be), and backstab the political and religious enemies of humanity where possible.

    OldHawk777

    Reality is a self-induced hallucination.

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  89. Spreading false rumours is annoying by LeftOfCentre · · Score: 1

    All of the EU institutions involved in legislation (Council, Parliament, Commision) are either directly or indirectly elected by the people. The council comprises the directly elected member state governments, the parliament is directly elected in EU wide elections every four or five years, and the commision is elected by the member state governments.

  90. Thank you... there's now a major problem by SunPin · · Score: 1

    My post occurred on Sunday June 29, @10:39PM. The copy occurred at 10:54. I enjoy /. but this changes everything. If some loser admires my posts then that's great but it's still plagiarism. I don't see the point to stealing a post. This is deflating. I never log in under any other name or IP. This should be a clear cut case for banning that guy. I don't flame anybody or remotely insult people here so I'm not sure why somebody would do this.

    --
    Laws are for people with no friends.
    1. Re:Thank you... there's now a major problem by Ungrounded+Lightning · · Score: 0, Offtopic

      My post occurred on Sunday June 29, @10:39PM. The copy occurred at 10:54.

      Not only that, but the one change made in the cut-and-paste was to incorporate your signline as part of the post.

      I'd say your countersuit wins on the evidence. B-)

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    2. Re:Thank you... there's now a major problem by SunPin · · Score: 1

      Yeah... the whole signature copy thing just shows the kind of pretard that guy is. I looked at his message history, they are all zero except for the one he stole from me which got what it deserved--+ 5 insightful. It's ridiculous. How the hell does somebody avoid this?

      --
      Laws are for people with no friends.
  91. Hey assh*le by SunPin · · Score: 2, Informative

    That's my post and my signature. You think you're clever, right? I wonder how many other posts you've stolen.

    --
    Laws are for people with no friends.
  92. Interview today with Michel Rocard by JPMH · · Score: 1
    The Social Democrat bloc is very split, even country by country.

    The French newspaper Liberation has an interview this morning with Michel Rocard MEP, who wrote the opinion of the CULT committee, and is firmly anti-swpat.

    A former prime minister of France, Rocard is one of the most senior and influential figures in the Social Democrat group, and his words probably speak for quite a following amongst their MEPs.

    (Translation to follow)

    http://www.liberation.fr/page.php?Article=121303

    Michel Rocard s'oppose à la brevetabilité des logiciels:

    Tout le monde se copie et c'est bien ainsi Par Florent LATRIVE et Laurent MAURIAC

    lundi 30 juin 2003

    Il faut préserver une civilisation où la part du non-marchand et des savoirs humains est respectée.

    On ne trouve pas d'ordinateur sur le bureau parisien de Michel Rocard. Il l'admet volontiers : il n'est pas de la génération qui a une pratique facile de l'ordinateur. Président de la Commission de la culture au Parlement européen, il a pourtant dû se plonger, avec un mal fou, dans la brevetabilité des logiciels, des mots qui étaient pour moi inconnus il y a encore un an. Aujourd'hui, s'il en parle avec autant d'animation, c'est que derrière les aspects techniques se cache un vrai sujet de civilisation. Pour l'ex-Premier ministre, l'introduction de brevets sur les logiciels en Europe serait très grave. Elle remettrait en cause la libre circulation du savoir humain. Jusqu'à présent, les logiciels sont officiellement exclus du champ de la brevetabilité en Europe, tout comme les équations mathématiques ou les recettes de cuisine. Depuis plusieurs mois, un projet de directive très polémique est soumis aux institutions de l'Union européenne et vise à modifier ce régime. Il sera soumis au vote du Parlement européen début septembre.

    Pourquoi estimez-vous que l'Europe ne doit pas autoriser les brevets sur les logiciels ?

    Depuis la grotte de Lascaux, il n'est pas sûr que l'humanité ait progressé dans ses capacités esthétiques. Quant à ses capacités éthiques et morales, on s'entre-tue toujours autant. En revanche, dans le domaine du savoir technique et de la maîtrise de la nature, les progrès sont foudroyants. La croissance vertigineuse du savoir est la clé de cette histoire. Le savoir s'est répandu par la copie, tout le monde a recopié tout le monde, et c'est bien comme ça. Avec la brevetabilité du logiciel, on change le statut du savoir humain. Tout le commerce intellectuel des produits de l'esprit humain, les moyens de connecter les savoirs passeront de plus en plus par des logiciels. Si on introduit une brevetabilité, c'est-à-dire un coût, une interdiction, on met en place une règle inédite. C'est inquiétant.

    Il ne paraît pourtant pas anormal de rémunérer les créateurs et les inventeurs...

    Il faut distinguer deux choses : les oeuvres, protégées par le droit d'auteur, et les inventions, protégées par le brevet. Au XIXe siècle, on s'est d'abord intéressé aux premières. On a considéré comme normal de rémunérer les créateurs et de garantir la préservation de l'intégrité de leurs oeuvres. On a ainsi créé le droit d'auteur. Plus tard, on a mis en place le brevet d'invention, soit l'interdiction à quiconque d'utiliser une invention sans payer une redevance. Pendant le XXe siècle, nous n'avions pas de problèmes pour différencier les deux. Contrairement aux oeuvres protégées par le droit d'auteur, l'invention se définit par la mise en jeu de la matière ou des forces de la nature. La conviction que le savoir humain doit circuler impliquait qu'il n'y ait pas de breve

  93. FFII - Support anti-patent lobby in europe... by Anonymous Coward · · Score: 0

    hi,

    just try going to http://www.ffii.org or http://www.eurolinux.org and sign up as a supporter.
    ffii even has free rooms for member lobbiests at bruessels to lobby against patents.
    all you need is sign up, go there, protest.
    whats so difficult when you can defend your rights ?
    sign the petitions, voice your opinion.
    thats politics.

  94. Letter to The Green's by managementboy · · Score: 1

    This is the email I got back after sending my opinion to my Politians (green germans) in the European Parlament:

    Thank you for your email concerning the McCarthy report on computer implemented inventions (com 2002-092). Like all Green parties in the European Union, we share your concern that software patents and patents on business methods are a threat for the European software developpers.

    The Greens/Efa in European Parliament are fighting on this dossier in order to prevent software patents to be legalized in the Union; we have organized two conferences with Richard Stallman (in November 2002 "Is software patenting necessary?" and in May 2003 "Software patents and SMEs" with David Axmark, Opera, Graphic Convertor,...). You will find more info on our website http://www.greens-efa.org

    Regarding our work inside European Parliament we tabled amendements - and won- in the culture committee and again in the industry committee but we lost in the committee for legal affairs as the rapporteur (Arlene Mac Carthy, member of the Social Democrat Group, UK Labour) refused any compromise. We thus voted against her text.

    Lately we opposed the very fast and very discrete attempt to add the report on the plenary of July : it is now scheduled for September (see http://www.europarl.eu.int).

    You can be ensured that we will defend software freedom in plenary as well.

    Sincerely yours,

    mit freundlichen Grüßen

    Kathrin Kummerow
    persönliche Referentin
    Heide Rühle, MdEP
    Die Grünen/EFA
    Unter den Linden 50
    10117 Berlin
    030. 227 78411
    030. 227 76392
    info@heide-ruehle.de
    www.heide-ruehle.de

  95. test by Anonymous Coward · · Score: 0

    test im just testing right now ignore me

  96. Re:Good for them by BigBadBri · · Score: 1
    No - Godel's theorem states that there are undecidable statements in any formal system with a finite number of axioms.

    The procedure to produce all valid statements in a formal system also produces these undecidable statements.

    It's still true that all true statements are produced by this mechanical procedure, so my point holds.

    It is only conjecture that the Continuum hypothesis is unprovable, btw.

    I admit I wasn't as clear as I might have been, but it was about 2AM when I wrote the post, and I was a little drunk.

    --
    oh brave new world, that has such people in it!
  97. More concrete advise, please by Anonymous Coward · · Score: 0
    Ok. You think we are not behaving, not communicating, not putting our points accross nicely.

    Fine. It's the first time I do these things, probably the same for other peole involved, and we may have much to learn.

    But it is a bit easy to simply say "no,no. We did it wrong". It would be most kind of you if you could:

    • Please explain the work you did to convince MEPs or the public or whatever you spent you time on to avoid software patents in Europe (or wherever). I don't mean to attack you, simply to learn from someone who seems to think (s)he knows better, and might as well know better.
    • Please go through this history of attempts and explain concrete errors and other ways to handle it. For example, how would you have written this document?. This could prevent further mistakes from us.
    Thank you
  98. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  99. Yup, troll by poptones · · Score: 1

    Perhaps you can provide some citations to prove your meanderings, huh?

    1. Re:Yup, troll by Qzukk · · Score: 1

      Lets cite your document back at you. These are all in there:

      "The idea of a "fair use" defense finds direct authority in copyright law. Copyright
      tatutes up through 1909 spoke in terms of "exclusive" rights, but these were quite early
      ubjected to a judge-made equitable rule of reason ultimately known as fair use. [n.45]"

      "The jury instructions had been given the effect that absent a finding of intent to use the
      invention for profit, infringement could not be established. Noting that the "use for
      profit" limitation was actually in the defendant's favor, Justice Story affirmed..."

      "Faced with a problem of first impression, the court reviewed a fair amount of property
      concepts to determine whether or not the patentee had any rights to recovery for some
      manufacturing before the issuance of the patent. The court noted that in Gayler v. Wilder..."

      "Arising solely out of case law..."

      What do these all have in common? They're not laws, they're rulings. I don't have the time to sit down and hunt through ancient tomes of proceedings to look for examples of companies suing individuals who implement inventions for personal use, but I can point to current events for an example of how much your cited ruling means in the grander scope of things.

      Take a look at the recent Supreme Court decision where they reversed their stand on anti-homosexual-sodomy laws. Just like that, your claim that these exemptions exist could vaporize. A case comes up to a new set of justices, and they can rule whichever way they please.

      All it takes is the right president appointing the right justices, and the right case to test it... I wonder how many appointments will come up while Bush is in power? Ever noticed how all the big companies get off with slaps on the wrist under his administration? I wonder if the Bush camp would be for or against the little people when it comes to building something someone else invents.

      Since nothing I say is going to convince you that I'm not a clueless troll, I might as well end this with a bit of an apples to oranges comparison so you can rant some more. Under copyright law, if I write and publish a book and sell it for $5, if you produced a copy of the book using your own inks and paper, I can still sue you for copyright infringement. If you have no intention of selling it to anyone, I can still sue you and show that damages did occur, on the order of $5-(cost of producing the book) because you did not purchase the book, however you demonstrated through the effort you took in copying it that you desired the content of the book. So, in the case where you built my engine for your own use, it would be trivial to show that your construction of the engine and subsequent usage caused damages to the tune of (how much I charge per engine)-(cost of engine construction), in other words: "lost profits".

      Sure, my engine infringement case might be thrown out. The judge might even cite your case law back at me. But what if they don't? What if I get an ignorant judge, or if the judge's grandfather used to work for GM and suddenly finds his retirement account topped off from a "lucky investment"? Or the judge doesn't like your attitude? Then what is your case law going to buy you then? An appeal? Is ignoring precedent to follow the letter of the law an error upon which you could appeal? (Of course, theres always an error somewhere to appeal. Plus, bribing the judge would certainly invalidate the ruling, as well as get us both in a ton of trouble, but lets assume I got there without cheating)

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  100. Politicians don't grant patents by poptones · · Score: 1
    And I have heard of no one putting forth any meaningful reforms.

    Lots of bitching about stupid patents... but no one offers any practical solutions - on either side of the argument.

  101. Thanks. Mod parent up, not down. by MickLinux · · Score: 1

    Thanks for your reply. It's good to know, because that implies that there will be peace for a while, anyhow. When, not if, can still happen later rather than sooner.

    Hmmm... so it sounds as if the Hansiatic League is in full effect. No joke, our european bank is "Hansabank". That's ours, as in we use it, not ours, as in we own it.

    I'm glad to hear that people are a bit drowsy, specifically because I *don't* want war of one kind or another to happen.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  102. Re:Good for them by rp · · Score: 1

    just as a technical point, no computer is equivalent to a Turing machine, for all have finite memory. many programming languages also assume finite memory.

  103. I contacted PADB; here's the conversation by MickLinux · · Score: 1
    I contacted PADB; here's the conversation. I'm going to be posting their responses as "Anonymous Coward" to help clarify who wrote what. Just follow the thread of first posts along (probably only posts). Here was my first email: -------------------- Hi, To reference this, I posted this on slashdot: [reference to this thread above] A few quick questions:
    (1) *CAN* you get FSF verification (and better, support: a link from GNU or the FSF)?
    (2) Does Denmark have a national library where paper copy can be submitted and registered?
    (3) Can you set up an easy web search / submission engine?
    (4) Can you also set up an "area of interest" subscription form, where people can sign up to recieve e- or paper- copy?

    If you think you can do these things, and if you think you want me on the prepublishing end, we are located in Silute, Lithuania. Our labor costs are probably cheaper than elsewhere. We also have a US business (that is, we have a US business and a Lithuanian business), and I would be interested in possibly helping to prepublish all this if it can be made to pay our expenses.

    I suspect that businesses and developers would like and pay for targeted mailings or paper-copy indexes to CD-copy information, within their specific range of development.

    Anyhow, if you're interested, let me know. If there is a specific roadmap to becoming profitable, and it is not too long or expensive [looks feasible], and you have FSF verification and support, I would also be willing to donate some amount of time ahead of time to get things going.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  104. PADB response by MickLinux · · Score: 1
    Here was the PADB response from /Ole

    (1) *CAN* you get FSF verification (and better, support: a link from GNU or the FSF)?

    Your fear on /. is unfounded. It seems you do not know how the patent system works: If something is published then you cannot patent it (and if it - by mistake - is patented after the publishing date you can invalidate the patent with prior art). So let us assume that Mr. Bad reads PADB then he will not be able to patent the ideas described here.

    (2) Does Denmark have a national library where paper copy can be submitted and registered?

    I believe so. Feel free to contact kb.dk (Danish national Library).

    (3) Can you set up an easy web search / submission engine?

    Submission should be possible to set up: A magic-mailaddress could simply add the mail to CVS. Anyone with CVS access can do this. It is not feasible to do the search engine. The reason is that fortune seekers will look for new ideas and patent variations of the ideas in the database. You may say: The harder it is to read the database the better.

    (4) Can you also set up an "area of interest" subscription form, where people can sign up to recieve e- or paper- copy?

    This would also not be a great idea: The reason is that fortune seekers will look for new ideas and patent variations of the ideas in the database. Also it would be classifying the ideas which would defy the idea of PADB which is to publish but not order the ideas.

    The way ideas should be spread is not through PADB but through specialized mailinglists/forums such as the Linux Kernel Mailing List.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  105. My answer to PADB by MickLinux · · Score: 1

    Submission should be possible to set up: A magic-mailaddress could simply add the mail to CVS. Anyone with CVS access can do this. It is not feasible to do the search engine. The reason is that fortune seekers will look for new ideas and patent variations of the ideas in the database.

    Two points: (1) fortune seekers already do this, and will do this

    (2) It isn't a problem, and is less a problem if more people can access the database. You have to remember that fortune seekers make their money doing this, so this can be a career for them. Once they stumble on your site, if they are able to read it [that is, if it is really published], then they will have every incentive to spend the effort to get all the information.

    But the goal for an anti-patent database shouldn't be to prevent them from making money, or taking it from gullible companies/investors. That's not worth my time or anyone else's. The goal should be to open up paths for free software to successfully develop. Indeed, you want development then to proceed along those paths, to be sure that your software is patent-free. For that, you want things to be better known [thus becoming a standard], not worse known. If, for example, ogg-vorbis predated mp3, then there would have been little incentive to pick the closed-source mp3 standard.

    Moreover, you never know when one developer's solution may help another developer in what he's doing. For example, suppose that someone found a way to use video cards [yeah, just turn off the monitor] to improve sound-processing music programs for live sound compression?

    Finally, you'll get the fastest growth of patent-free ideas if it is well published. We want to outstrip the forces of darkness, because that is the strength of open-* systems.

    So I really think that publication should occur.

    You may say: The harder it is to read the database the better.

    In that case, the publication could be said to not really be published, which presents a legal weakness.

    This [item #4, to set up a subscription form] would also not be a great idea: The reason is that fortune seekers will look for new ideas and patent variations of the ideas in the database. Also it would be classifying the ideas which would defy the idea of PADB which is to publish but not order the ideas.
    The way ideas should be spread is not through PADB but through specialized mailinglists/forums such as the Linux Kernel Mailing List.

    That is closed-source at its worst. Open source should be more open, not less open. Let's not make this a version of "your version of closed versus my version of closed" [paraquote: if you keep shooting your feet off, I'll have to retaliate by shooting one of our workers' feet off, so there!] but rather "open is better, and we'll outstrip your closed. You can be closed, but you'll never be able to stop or block our development".

    P.S. Please do reply to this, as long as you disagree. I really think this is important. If you have other responsibilities, then simply reply less often, but please do reply.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  106. PADB's response; and conclusion by MickLinux · · Score: 1
    Two points: (1) fortune seekers already do this, and will do this

    But without proper indexing it will make it harder for fortune seekers.

    But the goal for an anti-patent database shouldn't be to prevent them from making money, or taking it from gullible companies/investors. That's not worth my time or anyone else's. The goal should be to open up paths for free software to successfully develop.

    Ahh. Now I see where we disagree.

    PADB was never meant for opening paths for free software, but to avoid others closing the paths for free software. It seems you think that ideas are better collected in a large pile no matter how different they may be, whereas I believe it is better to exchange the ideas in specialized forums where the people interested in the subject is anyway. I believe it is highly unlikely that crypto experts would like to read about ideas for vacuum cleaners and loud speakers. I am pretty sure they would much rather read about bad crypto ideas than genius vacuum cleaner ideas.

    The ideas should be submitted to PADB only to avoid closing the path - not to inspire others to follow it as there are much better ways for doing this.

    Finally, you'll get the fastest growth of patent-free ideas if it is well published.

    Yeah - for what? I know no developers that would like to read about every subject imaginable - they tend to focus on they speciality. I believe the only one that will gain from this is fortune seekers who will find "holes" in the ideas that are patentable.

    So I really think that publication should occur.

    I can't stop you. But I will not help you either.

    The way ideas should be spread is not through PADB but through specialized mailinglists/forums such as the Linux Kernel Mailing List.

    That is closed-source at its worst.

    Actually no. That is how free software is developed today.

    ---END OF COMMUNICATIONS---

    That is where it stands at this point. Sorry, I forgot to do this as anonymous coward for PADB, and the formatting isn't the best. But I did clarify who was who with the subject lines.

    I kindof felt like I should post this conversation, because it does clarify what PADB is. I disagree with it stopping where it does, but not everyone will, and if you agree with it, well, maybe it will still do some good.

    I still don't know whether they can get the support of the FSF. I don't know if it will actually protect anything. But I think that this is a good thing to post, since I did find out the answers to the questions that I posted. Well, some of them, anyhow.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  107. Re:Good for them by Chris_Jefferson · · Score: 1

    Yes, but by an identical proof you can prove that any piece of text that is ever written is just as "obvious", and this will clearly include every patent :)

    --
    Combination - fun iPhone puzzling