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Sites Shut Down to Protest Software Patents

blueser writes "I went today to TUTOS homepage to check for a newer version, and I was surprised to see that the author replaced the homepage by a 'Closed because of Software-Patents' page, with a brief explanation." Just one site? that's hardly a big deal, but there's more. maliabu writes "Knoppix is closed, apparently waiting for the European Parliament to decide about the legalisation and adoption of so-called 'software patents' in Europe." And still more. SLbigE writes "The Wine HQ website has temporarily shut down its webpage in protest to a proposed law in Europe regarding Software Patents." There's many more sites as well, these were just the first I was alerted to, Feel free to note some more in comments. Looks like they're doing a good job of illustrating what could be lost soon.

100 of 563 comments (clear)

  1. Rpm find by CompWerks · · Score: 2, Informative

    Is also shut down.

    --
    If you can read this sig - the bitch fell off.
    1. Re:Rpm find by Rosco+P.+Coltrane · · Score: 4, Insightful

      Slashdot is not, however, even though some have requested it be taken down for the day...

      Yes, and here's the reason why : since the protest is about European software patents, Slashdot doesn't give a toss.

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    2. Re:Rpm find by blibbleblobble · · Score: 4, Informative

      The list of websites that've shut down is here (two and a half thousand sites so far)

      My site is shut-down.
      Others include KDE, Gimp, gnu-darwin, GNU-savannah, and most of the French and German linux sites.

    3. Re:Rpm find by Anonymous Coward · · Score: 5, Informative

      None of these sites shut down. They simply replaced their index page with the statement, which also provided links to the old index. Hardly shutting down.

    4. Re:Rpm find by rknop · · Score: 5, Interesting

      These site shutting down in protest is not very professional. This is one of the problems with the free software community, politics plays too heavy of a role in their actions.

      If you are too timid to take actions that are going to inconvenience somebody you will never be noticed. Software patents are serious. You lose your Linux dodad today; software patents could eventually make you lose them forever.

      For instance, do you really believe that the labor movement would ever have gotten anywhere if they never held any strikes? That the civil rights movement would have gotten anywhere if they never got in anybody's face?

      The road to hell is paved with business as usual. Shutting down your websites may be "unprofessional", but it makes a meaningful protest that gets across the point of just how serious these sites believe the issue is.

      -Rob

    5. Re:Rpm find by Anonymous Coward · · Score: 2, Insightful
      So what you're saying is you can't be involved in politics if you want to be a "professional"? Then I'd rather be an amateur who doesn't lose his freedom to make political statements, thank you very much.

      People like you just don't seem to realize shutdowns like this will become normal once the law is in effect. Downloading free software will become a thing of the past. The community has to take action and wake up the masses now, because once the law is in effect it's too late for whining...

      In the end, what you're saying is fighting for survival is unprofessional.

    6. Re:Rpm find by PainKilleR-CE · · Score: 3, Insightful

      but it should be remembered that some of the support for such changes in Europe comes from US companies, and that US intitiatives such as DMCA help provide a precedent for similar moves elsewhere. It's a global world out there :-) . If the EU gets bogged down in this, it may come back to bite at people in the US.

      It's not that it may come back to bite at people in the US, it's that it bites people in the US every day, because the laws being considered in the EU are not that different from the laws those of us in the US already have to live with.

      If Slashdot's going to protest, it should place more prominance on repealing or fixing the existing laws in the US than on preventing the laws from being enacted in the EU.

      --
      -PainKilleR-[CE]
    7. Re:Rpm find by TV-SET · · Score: 2, Informative
      wrong

      No, [s]he is not. The front page works, but statement is returned for any search query.

      --
      Leonid Mamtchenkov ...i don't need your civil war...
    8. Re:Rpm find by nova20 · · Score: 2, Funny
      Ok, who put goatse.cx on the list?

      /tim

    9. Re:Rpm find by ichimunki · · Score: 3, Insightful

      This is one of the problems with the free software community, politics plays too heavy of a role in their actions.

      Um, Earth to TedCheshireAcad, come in TedCheshireAcad. The "free software" movement is a social movement-- everything that happens in the movement is a political act. Just writing software and giving it away is a political act. Your concerns about your "clients" sounds a lot more like the rhetoric of the Open Source movement to me.

      Besides, if you go to set up a "[GNU/]Linux-doodad for a client", maybe as a professional (and someone with half a clue) you should be prepared for network outages and things like that. Relying on a web site on the other side of the Atlantic is the worst risk management ever. You need to have all your software and tools readily available on CD-ROM, I think. I mean, were you going to install Windows over the net by just going to some web site?

      Moderators: please mod parent down in spite of his request that you "do your worst". Notes like that to moderators ought to garnish at least a -1 just for putting that little challenge to the moderators.

      --
      I do not have a signature
    10. Re:Rpm find by 9mind · · Score: 5, Insightful
      People are forgetting the obvious, in shutting down the sites. It wasn't a protest against the lawmakers per se, but to make all the users of the software aware of what is going on.

      I for one knew nothing about it, or how it would affect me. Now I do, and if they ever needed a signature against it, I would sign. Because I was made aware though this protest.

    11. Re:Rpm find by Deusy · · Score: 4, Informative

      Software patents are serious.

      Yes, they are serious. I've been bombarding my local MEPs about it. And recently I got a very interesting response.

      It made me think that maybe we misunderstand the proposal - especially after it was recently been amended.

      I quote directly from Article 4a:

      Exclusions from patentability:

      A computer-implemented invention shall not be regarded as making a technical contribution merely because it involves the use of a computer, network or other programmable apparatus. Accordingly, inventions involving computer programs which implement business, mathematical or other methods and do not produce any technical effects beyond the normal physical interactions between a program and the computer, network or other programmable apparatus in which it is run shall not be patentable.

      Justification

      This, in conjunction with the corresponding recital, provides clarification that simply specifying technical means is not enough for patentability. There must be a technical contribution. It also makes it clear that the computer implementation of a business method simpliciter is not a patentable invention."


      IANAL but to me that satisfies everything we, as Free Software advocates, are seeking? Why are we so strongly opposing this? If you read the full directive, it sounds fairly sensible.

      --

      Free Gamer - Free games list and commentary

    12. Re:Rpm find by pmz · · Score: 2, Insightful

      None of these sites shut down. They simply replaced their index page with the statement, which also provided links to the old index. Hardly shutting down.

      Who, here, would be wearing a big smile when they say to their boss, "Sorry, I can't get that information/patch/download for our production webservers, because the Apache site voluntarily decided that some political issue was more important than our business."

      In fact, it was/is/will be responsible and expected for widely-used and critical websites to say what they want while still allowing users to get to what they need when they need it. Anything less would be a much bigger kick in open source's nuts than any software patent.

    13. Re:Rpm find by Alien+Being · · Score: 2, Informative

      Yeah, the statement is returned, but you can click thru it. The site is not "shut down".

    14. Re:Rpm find by Halo1 · · Score: 3, Informative
      You're entirely correct that it sounds very sensible when you first read it. The reason is that you interpret the terms that they use differently than they do. The two main ones are:
      • Industrial application: the EPO interprets this as "usable in a way that makes money". Don't believe me? One of the biggest proponents of software patents said so himself in the JURI meeting, when other proponents mentioned they were afraid that this requirement would exclude too many software patents.
      • Technical effect: first of all, the "normal physical interaction between a program and the computer" is nowhere defined. Furhter, technical is also nowhere defined (and they don't want to define it, they say it has to follow from case law). In other words, you need anundefined effect apart from something which is not defined, so what could that be? Plenty of things, it turns out (see the heading "When is something technical"). Examples: processing data representing an image, saving memory, increasing speed, using computers instead of humans to process secret/private/sensitive data and automating a known process if the automated process provides surprising speed or economy of scale benefits.
      Keep in mind that the directive is designed to legalise all software patents that have been illegally granted until now by the EPO. You can find some examples of patents which such "technical effects" here and here.

      For information on her other claims, please read the the English translation of the letter I sent to most Flemish MEPs, as well as this short overview of why software patents are bad.

      Thanks for writing your MEPs, and keep it up!

      --
      Donate free food here
    15. Re:Rpm find by revmoo · · Score: 2, Insightful

      ...and when you are PAYING to use apache, you have every right to complain about such things. However, last I checked, apache is free software, so get over it.

      --
      I would expect such blatant racism on Fark, but on Slashdot? Mods please ban this asshole.
  2. Sign the petition by gagravarr · · Score: 5, Informative
    http://petition.eurolinux.org/

    Details of the campaign against software patents can be found at http://swpat.ffii.org/group/todo/index.en.html

    --
    This post will enter the public domain 70 years after my death, unless Disney buys another extension.
    1. Re:Sign the petition by Kyro · · Score: 5, Funny

      looks like the petition is down to protest against slashdottings!

      --
      save the GNUs!
  3. This is ridiculous by baldass_newbie · · Score: 5, Insightful

    Nobody patented or restricted the use of hammers and nails in construction.
    So why in the hell are algorithms considered 'patentable'?
    I can understand if they emulate a proprietary business methodology. Or an entire application (which really should fall under copyright law).
    But patents?
    Shakespeare was right. We should kill all the lawyers.

    --
    The opposite of progress is congress
    1. Re:This is ridiculous by Anonymous Coward · · Score: 2, Insightful
      Nobody patented or restricted the use of hammers and nails in construction.
      No, back then crafts were run by guilds. Try to do carpentry without being a member of the guild and you'd be run out of town, fined or imprisoned.
    2. Re:This is ridiculous by Rogerborg · · Score: 3, Interesting

      Patent for the wheel. There are others. The USPTO has gone beyond farce and reached a point where it's become simply too sick to live.

      --
      If you were blocking sigs, you wouldn't have to read this.
    3. Re:This is ridiculous by NormalVisual · · Score: 3, Insightful

      So all that is needed to fix the system is for any patent applicant to pay at least 100000 deposit when applying (I think that it should be more). If the application succeds he gets back 80% filled up further by government small business innovation grants (they are around 0.5-1M$ in the US for example). If the app fails he gets shit.

      You've just put all the small inventors out of the picture and restricted patents to those that already have a fair bit of disposable money to toss around. $100K for a patent application fee? Most legitimate small-time inventors have a hard enough time scraping together the $5-10K needed for a proper prior art search and other legalities. Good luck going to a bank and saying, "I need a loan for $100K, of which you'll get back $80K and maybe more if I can get a grant, and if the PTO finds prior art that we missed or otherwise turns us down you'll lose it all". Not gonna happen, and whoever modded this as 'insightful' needs a quick reality check.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    4. Re:This is ridiculous by dspeyer · · Score: 4, Insightful
      Well put, and we need general pattent reform badly, but even legitamate software pattents tend to be a bad thing.

      Consider GIFs. The algorythm there was (I believe) non-trivial. It was developed twice (IBM and Unisys?) arround the same time and pattented twice (oops!). It was also discovered independantly in academia a few times around then (once shortly before, but not widely enough published to be prior art, once shortly after, doing no good).

      So what did society gain for issuing a pattent on a (for practical purposes) new and genuinly nontrivial idea? Nothing whatsoever. We would have had the same algorythm shortly thereafter.

      What did we lose? We suffered over a decade of uncertainty, danger, and incompatibility in web images, ameliorated only by the fact that Unysis valued public relations over squeezing every last penny. Had Unisys' profits gone SCO-like, it could easily have been much worse.

      Software pattents are a bad idea because they don't work. Experimental evidence is clear: patents decrease technological development. Furthermore, programmers don't read patents; any benefit to be gained by learning about someone else's work that way is overwhelmed by the risk of discovering that your own work is patented by someone else. We don't need patents because barriers to entry are low. We don't need millions of dollars to test an algorythm, the way we do a medicine. Software patents just get in the way.

      P.S. I realize I'm a little light on evidence. I'm too rushed right now to hunt down links. They are out there.

    5. Re:This is ridiculous by MetalOne · · Score: 2, Informative

      I skimmed the patent. It does not patent the concept of a wheel. It patents a particular implementation of a bicycle wheel, designed to produce less wind drag from the spokes. Previous attempts at this have resulted in wheels that suffered ill effects from cross-winds or were expensive to manufacture. This design apparently doesn't have those two problems. Whether the design would be obvious to a mechanical engineer, I cannot say. It is a non-obvious solution to me. It may also have prior art, but I have not studied bicyle wheels.

  4. Microsoft wanted to protest aswell by jh_newroom · · Score: 3, Funny

    Microsoft was planning on replacing there page to protest as well. Unfortunately now they are hosted on Unix, they don't have anyone in the company smart enough, who knows how to change the home page.

  5. Wine isn't closed - Slashdot isn't closed by fruey · · Score: 5, Insightful
    Wine is working for me.

    As has been said in previous article comments, SlashDot could close too, that would have a far larger ranging effect than Knoppix or Wine anyway.

    --
    Conversion Rate Optimisation French / English consultant
    1. Re:Wine isn't closed - Slashdot isn't closed by Lumpy · · Score: 3, Insightful

      SlashDot could close too, that would have a far larger ranging effect than Knoppix or Wine anyway.

      no it wouldnt...

      all these sites closing are preaching to the Choir...

      What needs to close down with a protest banner on the front page is CNN, MSNBC,GOOGLE,YAHOO.... sites that the general public looks at daily.

      Shutting down sites that only those that already know the problem is really not effective..

      so if you run a site that non-geeks use... Like a site about S10 pickup trucks, or how to repair your delorean, or underwater basket weaving... shut it down..

      It's much more effective to force non-geeks to read about it than to simply inconvience those that already know about it.

      --
      Do not look at laser with remaining good eye.
    2. Re:Wine isn't closed - Slashdot isn't closed by Esion+Modnar · · Score: 3, Funny
      SlashDot could close too

      And soon after, heard like some weird air raid siren, from the all the unemployed geeks, "Noooooooooooo!"

      --

      They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
    3. Re:Wine isn't closed - Slashdot isn't closed by T-Kir · · Score: 2, Insightful

      Even though the parent is modded +5, pity we couldn't have the option to remove the cap.

      As with other responses to this parents thread, even if /. closed for a bit or plastered a huge protest notice at the top of the site... this needs as much coverage as possible.

      Plus, if /. shut down for a couple of days, we could get a break from the SCO stories and dupes... mind anything that removes SCO from the headlines for over a day must be a good thing.

      --
      Are you local? There's nothing for you here!
    4. Re:Wine isn't closed - Slashdot isn't closed by lewger · · Score: 2, Funny

      The closure of Slashdot in a protest against patients has resulted in a huge boost of productivity in the IT industry as IT workers have nothing better to do than work. The government is now looking at more ways to get slashdot closed down.

  6. Gimp by MP3Chuck · · Score: 5, Informative

    Gimp is another...

  7. Qemu too... by mirko · · Score: 3, Informative

    We had an interesting thread about Qemu...
    It's closed too...

    --
    Trolling using another account since 2005.
  8. MRTG by Anonymous Coward · · Score: 2, Interesting

    MRTG has also joined the fight.

  9. Noticed it yesterday by MagicMerlin · · Score: 2, Informative

    I noticed the protest yesterday on this site although it appears the protest has been removed today. I was thinking about asking him what it was all about.
    PicoSQL seems to be the home of an up and coming open source SQL server.

  10. Freshrpms.net is also closed by tuxroot · · Score: 2, Informative

    Just adding this one to the list Freshrpms.net

  11. I hold a patent by Matrix272 · · Score: 2, Interesting

    I hold the "Words on a webpage" patent. It turns out that all of you will have to pay me royalty fees! I want 1 penny for every word on a webpage... I should be a trillionare by the end of the hour.

    Seriously though, does anybody have a link to the actual patents filed that contain references to "scrolling within a window", or "progress bars"? I'd be interested in looking over the legal ramifications in the US...

    --
    "It's better to have a gun and not need it than need a gun and not have it." ~ Christian Slater, True Romance
  12. RPMfind by PEdelman · · Score: 3, Informative

    RPMFind and its mirror sites are closed as well. Not the front page, but after a search query you get the warning. They say it's temporarily though.

    --
    Like science? Comics? Wicked...
    Funny By Nature
  13. What's the point of this? by goldspider · · Score: 2, Insightful
    Honestly, I don't get it.

    What message is this supposed to send? Why would the EU change its mind because a few sites decided to protest? How does the absence of a few sites hurt the EU? More likely, they'll only hurt themselves.

    --
    "Ask not what your country can do for you." --John F. Kennedy
    1. Re:What's the point of this? by Dot.Com.CEO · · Score: 5, Insightful

      Fair point. Mind you, European politicians are still very mindful of Europe-wide protests since they are a relatively new trend and, since they get a lot of coverage over here they appear in the news a lot. However, unless a "big" site decides to close for the day, this will pass off as a joke.

      --
      Mother is the best bet and don't let Satan draw you too fast.
  14. Kudos to SCO by $rtbl_this · · Score: 4, Funny

    SCO obviously felt so strongly about this that they got started a few days early! They're good folks, always doing their best for the community.

    --
    "Are you being weird, or sarcastic?" said Emma. I said I didn't know because I get the two feelings mixed up.
  15. Economists wrote an open letter on the directive by file-exists-p · · Score: 5, Informative

    This letter is worth reading ...

  16. gtk by den_erpel · · Score: 4, Informative

    gtk is another site that is protesting. Good though, if you look at the rubbish pattens which are already registered (illegally) in Europe, ...

    --
    Genius doesn't work on an assembly line basis. You can't simply say, "Today I will be brilliant."
  17. Vote delayed by mrew · · Score: 5, Interesting

    Apparently this protest (and the physical one) may have had some effect, in that the EU vote has been delayed according to LWN. Let's hope this additional time is beneficial to the anti-patent cause...

  18. Europe shows the US what to do... by MosesJones · · Score: 5, Insightful


    Come on guys, this is what the US community should have done to protest the DMCA, and the range of RIAA abuses that are being seen.

    Lets not be silly and take it down for ever, but why not have an official protest day? Slashdot, Freshmeat, maybe even some of the Corporates.

    And the time for this ? How about we start it on the same date as the end of the First World War ?

    November 11th, starting at 11am GMT, for 24 hours, we declare the internet closed for business.

    Are we in ? Slashdot.... are you listening ?

    --
    An Eye for an Eye will make the whole world blind - Gandhi
    1. Re:Europe shows the US what to do... by salesgeek · · Score: 4, Insightful

      I think its not to late to execute this kind of protest against DCMA. It would be smart to do so.

      * Explain what is at stake for the common citizen.
      * Explain who will use DCMA against them: RIAA, the porn industry and opportunists.
      * Explain that there is no due process.
      * Explain that your children are the target.

      --
      -- $G
    2. Re:Europe shows the US what to do... by Mostly+a+lurker · · Score: 2, Insightful

      I think a protest of some description is highly appropriate. However, I think an equivalent effect on public opinion could be achieved by a 30 second delay screen before allowing access to the site. Particularly for news organisations (and I put slashdot in this category) it may be too extreme to completely close the site.

    3. Re:Europe shows the US what to do... by usotsuki · · Score: 2, Interesting

      If a large number of people don't protest they won't know that anyone gives a damn.

      I say go for it. 2003.1111, 6AM EST 3AM PST, for 24 hours? Go for it! Everyone in the US rename your pages and slap up a simple INDEX.HTM, you can toss together in a minute with notepad. 24 hours, forget it, I'll have it up for 72 ;)

      -uso.

      --
      Dreams, dreams, don't doubt dreams, dreaming children's dreaming dreams. Sailor Moon SS
  19. Many sites closed by golan · · Score: 2, Informative

    You can find a list of sites closed at this link but I suppose many more closed on Ago 27th.

  20. Our feathered friends by buddha42 · · Score: 2, Informative
    All the apache projects sites have a message about this in their front page.

    www.apache.org

  21. This 'protest' needs some HUGE commercial... by cnelzie · · Score: 5, Insightful

    ...players to be of any use. To the regular, tax-paying/voting citizen, if a Free Software web-site is off the web for a few hours, days, weeks or even months, it doesn't affect them anymore then if a sports team in a sport they don't watch disolves.

    Now, if Microsoft's European branch went off the web or Netscape or any number of other software companies that are BIG on the commercial radar were to join in on this protest, then more people would notice... But, that's not likely to happen...

    I see this too often. We geeks, as a political body, are simlpy blind to reality. Most of the sites that are currently 'down' are only going to affect fellow computer geeks. We hurt ourselves more then we hurt the opposition. There has got to be a better way to actually take some ground in a battle like this one over software patents.

    Who seriously came up with this idea with the honest belief that cutting off the Free Software community from Free Software sites would somehow affect the GREATER MAJORITY (That use Proprietart y software) that simply could care less about Free Software?

    --
    If you ignore the other uses of a tool, does that make the tool less useful, or you less useful?
    1. Re:This 'protest' needs some HUGE commercial... by Minna+Kirai · · Score: 2, Informative

      How about Google?

      Umm... Google owns software patents. Sergey is listed as an inventor. Other companies are now resuming the fight for web-search dominance, and this patent is part of Google's defense.

      It means that no one else in the US can use their highly-successful ranking algorithm. Google stands to benefit greatly from software patents- I can't expect them to take such an expensive moral stand.

      (Amazon.com CEO Jeff Bezos stood against software patents, even though his company benefits from them. But there's much more to Amazon.com than a piece of software. Google basically justs rents access to that algorithm and their webcrawled database- and other companies have equally extensive databases...)

  22. mplayer and ffmpeg by Comsn · · Score: 3, Informative

    http://www.mplayerhq.hu and http://www.ffmpeg.org are both 'shut down'. but they still link to thier old homepage.

  23. An MEP Replies by maroberts · · Score: 3, Interesting
    I wrote to my MEP to protest and got this back - the only problem is, that like a typical politicians speech, I'm not quite sure at the ened of the day what its saying. I get the impression this is a little double edged. See what you make of it.


    Dear Mr Roberts,

    Thank you for your email, which has been passed to me as your local MEP from Philip Bushill-Matthews MEP.

    Conservatives in the European Parliament have supported the objectives of the Directive to set out and defend the status quo in Europe following changes to the patent system in the USA and also planned for Japan. There is a clear intention across the EU Member States to see that Europe does not follow the USA and Japan in allowing widespread patent availability for software and business methods. Copyright will remain the principal method of protecting intellectual property in these cases. I and my UK Conservative colleagues support the general line that the Commission has taken which builds on and clarifies the existing patent law across the European Union and makes it clear that only software which forms part of a technological process will be patentable. This will allow patents to be provided for genuine technical inventions and stimulate European economic development in areas of economic strength like mobile telephony, digital television and computer controlled machine tools to name just a few possibilities. Contrary to the impression given in your letter there is no intention what so ever to allow generic patenting of software in Europe.

    The amendments agreed by the Legal Affairs and Internal Market Committee last week, and supported by Conservative MEPs, have clarified the test conditions for software (deciding whether it has a technical effect) before authorising a patent. The Parliament amendments improve the text while ensuring that its principles are supported. Codification of the existing position will also avoid raising complicated issues of the validity of existing patents across Europe or allowing current unpatentable technologies to claim new patents. This will allow European businesses the chance to develop ideas with certainty as to their legal position. It will also reduce the pressure from companies holding permissive American software patents who wish to gain an extension of their patent rights in Europe.

    Finally, I must point out that the Directive contains detailed provisions for review of its operation and for early revision should its provisions not work as intended. If it is clear, from the type of inventions being patented or from ongoing legal cases, that the goals of outlawing generic software patents are not being met, then a process of revision can be implemented quickly.

    Yours sincerely,

    Roger Helmer MEP
    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

    1. Re:An MEP Replies by buford_tannen · · Score: 2, Insightful

      Yeah, it is quite double edged. A summary:

      He thinks your concerns about the software patent directive are unfounded. He is certain (in his own mind) that the Directive will have no impact on software development, because it has "protections" to "prevent" "generic software patenting".

      Basically, he is saying that he knows what is best for you and that you are full of crap. But, since he's a politician, he has to hide that under a mountain of words.

      As a 'merican, I wish you the best of luck at saving your continent from the patent hell we have over here. You're going to need all the luck you can get, if this letter is any indication.

      Jon

      --
      Buford "Mad Dog" Tannen
    2. Re:An MEP Replies by neillewis · · Score: 3, Interesting

      Well it's rather vague and definitely boilerplate, I got exactly the same thing from John Bowis MEP (another Conservative.)

      From Glenys Kinnock (Labour) I got a paraphrased version of one of the directive's author Arlene McCarthy's own (self-praising) letters which is already posted on seveeral mailing lists. (I doubt Glenys uses Google much, or she'd be a little more careful what she sends out.)

      After receiving these two, I got seriously annoyed that this vague and partial directive would pass due to a mixture of horse trading, lobbying special interests and the old pals act, so I'm glad to hear it looks like it's going back to the committee stage.

      On a brighter note, Conservative Richard Balfe sent a thoughtful reply saying we should 'move carefully' and that he would 'take on board' my points when voting.

      Jean Lambert sent me the most positive response I've had, which shows the Greens are very strongly onside, and noting that "The influence of the Business Software Alliance (whose main members are Microsoft and IBM) behind the project has been widely condemned."

      At least these people actually bothered to answer, other MEPs haven't so far.

    3. Re:An MEP Replies by Lochin+Rabbar · · Score: 2, Insightful

      That letter reminds me of a poor student essay, lots of buzzwords, no evidence of understanding, and no sign of any original thought. Take the phrase "makes it clear that only software which forms part of a technological process will be patentable." Can anyone tell me of any software that doesn't form part of a technological process. Clue, any piece of software run on a piece computer (i.e. a piece of technological equipment) is transformed into a process.

      Now look at this bit, "This will allow European businesses the chance to develop ideas with certainty as to their legal position." WTF patent laws create uncertainty you need to know if your work is already covered by a patent, is that patent valid, and anything which involves courts and the legal system always introduces an element of uncertainty. On the other hand no patent law means absolute certainty, if you can do it you're allowed to do it

      Finally look at the phrase, "I and my UK Conservative colleagues support the general line..." which can be translated as ' I do what the party tells me and you as a mere constituent are stuffed because all the major parties are following the same line.' Isn't democracy wonderful.

  24. Listing of website participating in the action by Anonymous Coward · · Score: 4, Informative

    http://wiki.ael.be/index.php/OnlineDemoPartnersWeb sites for a full list of website participating in the action. You can also add your web site if you participate in the online action against software patents.

  25. Meaningless sites by uradu · · Score: 2, Insightful

    While I applaud each site's initiative, obscure nerd sites are hardly going to influence the decisions of techno-illiterate politicians likely to vote on this. Now if amazon.com, wsj.com or freshyoungboys.com closed down, they might take notice.

  26. Bit late ... by ldm · · Score: 2, Informative

    It should be noted that the "official" day for doing this was the 27th August, and that all the sites I've seen have not shut down, but simply replaced their front page with information on the protest, and then included a link to the original project anyway.

  27. don't get me wrong, i think this is great but... by naph · · Score: 2, Insightful
    ... really... who's gonna notice? if it ain't ebay shutting down, or msn.com or some other site like that then i don't think it's gonna make much of a splash.

    sure us nerds know about it, but joe public or mr european parliament bozo? don't fink it's gonna change their day.

    but still, kudos to the sties that did.

    --
    "if i'd known it was harmless, i'd have killed it myself"
  28. Re: Slashdot is not down by MuParadigm · · Score: 4, Informative


    "Slashdot is not, however, even though some have requested it be taken down for the day..."

    Well, someone has to be up to let people know what is going on.

  29. Close Slashdot by MrSkunk · · Score: 5, Insightful

    I totally agree with the parent poster. CLOSE SLASHDOT. A majority of people on these forums are always complaining about software patents and how they are going to stop any and all innovation in software development. Well, here is a chance for slashdot to spread this message far and wide.

    If slashdot closed down in protest, there is a good chance that some news agencies would pick up that story. This would be good because it get this message out to people who don't normally visit slashdot, gimp, or wine hq.

    Grow some balls slashdot. Shut your doors in protest!!

    1. Re:Close Slashdot by MrSkunk · · Score: 5, Insightful

      Just because slashdot has a US-centric bias, does not mean that slashdot does not have a large foreign readership. I see posts on here all the time from Australia, Germany, England, and Soviet Russia.

      If large sites start closing in protest, this story has a large chance of making it into the mainstream media. That will mean that people who don't usually visit sites like slashdot, gimp, wine, freshRPM will start to hear about software patents and why they are bad for everyone. They will see that the software community is not going to sit idly by while politicians take away our ability to develop software.

      Slasdot's closing in protest would be a very good thing. It might even cause some people to venture out into the light since they will not have their favorite site to read.

      Come on, say it with me. CLOSE SLASHDOT!!

  30. Apache Software Foundation page by saforrest · · Score: 2, Informative

    I'm surprised nobody's mentioned that Apache is down too.

    Sigh... they had to choose the last bloody day I can download anything before I move (after which I'll be without Internet access for a week).

    (Then again I can probably hold off on installing a webserver until my net access is back.)

    1. Re:Apache Software Foundation page by jdreed1024 · · Score: 2, Informative
      I'm surprised nobody's mentioned that Apache is down too.

      That's because it's not. Their front page talks about the issue, but then they have a continue on to apache.org link which takes you to index2.html. This is also the case on their sub-sites, like httpd.apache.org. If you click on that link, you'll see that the Apache site is there. Sometimes we do need to read beyond the first setence of websites, even if this is Slashdot.

      --
      There is no sig, there is only Zuul.
  31. List of Online Demo Partner Sites by popierius · · Score: 2, Informative

    List of participating site can be found here.

    Join in, and contact your MEPs if you are a citizen of an EU member country.

  32. Will shutting down sites matter? by CastrTroy · · Score: 4, Insightful

    Seems to me that a lot of the sites that are shutting down for the day are ones that are frequented by people who are already aware of the issue. Also, they aren't sites that most people would visit on a daily basis. It would be nice to see some more general, more widespread sites shut down for the day. I'm not talking about geek sites, I'm talking sites like google, BBC, Yahoo, E-bay, and other big name sites. Could you imagine the effect of these sites closing down? I think it would get the attention of a lot more people, and people who weren't already aware of the issue.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  33. Re:European patents != American patents by iapetus · · Score: 5, Insightful

    Slashdot has a large contingent of non-American readers. It's News for Nerds, not News for Nerds Who Live in the United States of America. Stories about Brazil's attitude to open source and the UK's plans for built-in monitoring of cars make the front page, so why not this sort of demonstration?

    Anyway, plenty of people outside the US have protested against the many moronic decisions taken there in recent years (DMCA, Skylarov etc.) - I'm sure there are plenty of people in the US who'd like to reciprocate. Stupid software laws are bad wherever they're passed.

    --
    ++ Say to Elrond "Hello.".
    Elrond says "No.". Elrond gives you some lunch.
  34. no, email your MEP by misterpies · · Score: 5, Informative


    If you live in the EU, don't just sign the petition - email your MEPs explaining why they should oppose the motion (and reminding them - gently - that they want your vote!). Yesterday I emailed all 10 MEPs representing London explaining my concerns, and I've already received 2 thoughtful responses -- one of which was seemed convinced by my arguments.

    Probably the best arguments to use are those against patenting algorithmic business methods (also covered by the directive) rather than software per se, as they're more likely to be appreciated by politicians. My example was patenting an 'algorithm' that uses a number keyed in by a bank customer to verify their identity against the account details held on their bank card. Hey presto, your "software patent" gives you a monopoly on ATMs.

    You can find a list of UK MEPs at the European Parliament's UK Office. For other countries, check out the main EU parliament website. Note that each constituency is represented by several MEPs, allocated between different parites by proportional representation. The vote on the directive is next week, so email your MEP today!

    --
    The author of this post asserts his moral rights.
    1. Re:no, email your MEP by GoofyBoy · · Score: 4, Insightful

      I don't know about Europe but if you are serious about doing something, don't email. Call or write a paper letter CC'ed to newspapers and media outlets.

      Emails and electronic forms don't have the impact of something in the "old fashioned real-world".

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
  35. Lawyers aren't the problem by psxndc · · Score: 4, Insightful
    "Kill all the lawyers"

    I hate that phrase. First, lawyers don't create laws; Legislators/Congress(wo)men do (and judges interpret them). Secondly, lawyers' clients are the ones that hold the patents, not the lawyers. Thirdly, the USPTO (or the european equivalent in this case) is the one granting the patents. Lawyers are the middle-(wo)men in all this. Removing the lawyers won't solve the problem.

    Sorry but I see people saying this all over slashdot. I think it's an unjustified statement that people like to throw out there when legislators make bad laws, judges interpret the law incorrectly, or the PTO grants patent they shouldn't have.

    Anyone can be a patent agent. There is a separate patent-bar that just about anyone can take. You don't even need to go to law school or have passed the state bar exam.

    psxndc

    --

    The emacs religion: to be saved, control excess.

    1. Re:Lawyers aren't the problem by hamster+foo · · Score: 2, Insightful

      Lawyers/patent agents are at the very least part of the problem.

      Yes, the people in the system that create the laws, interpret the laws, and perpetuate the patent system in its current state all share a large portion of the blame for the problem, but lawyers also play a part in the perpetuation of the system.

      If lawyers/agents started saying no to filing ridiculous patent lawsuits and representing clients in the pursuit of said lawsuits, it would send a message not only to the corporations, but to the law makers and decisions makers that this needs to be changed. As long as lawyers are gaining from these lawsuits and helping to facilitate them, they can not be considered innocent middle men.

      --
      - b
    2. Re:Lawyers aren't the problem by psxndc · · Score: 2, Interesting
      True, lawyers are not "innocent", but "kill all lawyers" makes them out to be _the_ problem, not part of it. Why not say "kill all that cause frivilousness"?

      As for saying "no" to ridiculous lawsuits, patents, etc. it _is_ done, probably moreso than most think. Secondly, it is not always in an individual lawyer's ability to do so. If a lawfirm partner says "ClientX, who is a very valuable client, has 23 valid IP patents and 1 so-so patent. But someone is infringing on the so-so one. Go get them Associate-Boy" it's not like the associate can say "Sorry Mr. Partner-Man, no can do". They could, but it would be like an IT person in an all Windows shop saying "We must switch over to Linux because Windows is Non-free". There is moral merit to the argument, but it doesn't make business sense and it's not really the whipping boy's decision to make.

      Again, I don't absolve all lawyers of guilt in the matter, but I want people to recognize and point fingers at the other parts of the problem

      psxndc

      --

      The emacs religion: to be saved, control excess.

    3. Re:Lawyers aren't the problem by Rogerborg · · Score: 3, Insightful

      >I hate that phrase. First, lawyers don't create laws; Legislators/Congress(wo)men do (and judges interpret them)

      Funnily enough, 39% of Congress are lawyers. I believe that this is lower than usual. Perhaps some of them have been disbarred because of all the fraud, assault, drug use, shoplifting and drunk driving that they like to indulge in.

      Lawyers and Congress are two sides of the same tarnished coin.

      --
      If you were blocking sigs, you wouldn't have to read this.
    4. Re:Lawyers aren't the problem by 2short · · Score: 2, Insightful

      I don't buy it. I don't think there are any lawyers out there who think they would be making more money if only there were more laws. A fair number of laws probaly reduce the work pool for lawyers by removing ambiguities.

      In your take on my analogy, you suggest asking a city planner or traffic engineer about a bridge. Both of these are people with training and experience in the question at hand, so if the question were about laws instead of bridges, they would be lawyers too. "Lawyer" encompasses a wide range of specialties just like "Engineer" does. For some reason, most people judge all lawers by one fairly small subset: "Unscrupulous Plaintifs Attorney". I would guess that former plaintifs attorneys are not particularly likely to be in Congress (as opposed to say, prosecutors).

      Anyway, laws effect all segments of society. What profession would you like Congress people to come from? Would people from that background really have enough less conflict of interest to balance out not having any training in the job you're electing them to do?

      In any case, I don't vote based on someones previous proffession, nor do I expect many others do. I would guess people who are interested in law are more likely to become lawyers, and theose same people are more likely to run for office, so naturally the candidate pool is biased toward lawers. I can see that you might disagree with my opinion that that is a good thing, but I don't see that it's a particularly bad thing, and it certainly doesn't look like a conspiracy.

  36. Far larger ranging effect by Anonymous Coward · · Score: 2, Funny

    My site, http://goatse.cx was also shut down. Needles to say the politicians in Brussels were in a state of panic and despair yesterday and we now expect this law to be thrown out. We just had to show them what they'd lose if they passed it.

    Sincerely,
    Goatse Man

  37. Re:European patents != American patents by __past__ · · Score: 3, Insightful

    If you write software that violates a european patent and distribute it in europe (for example by putting it on a globally reachable web server), you can be sued. Not to mention that I'm quite sure that you are using software written by european developers that would certainly be affected. So stop being such a narrow-minded dork, if you will.

  38. What's the solution? by criquet · · Score: 2, Insightful

    Does anyone have a plan for getting rid of software patents in the US? I mean, you can't just one day say "Ok, no new software patents and all old software patents a null and void". It'll never happen. There's simply too much money involved and that money is being used to ensure software patents continue.

    I think the only way to change things is to convince big business that they are hurting themselves more by patenting software than by allowing it to be free. But to do that when companies are making millions from patents right now?

  39. Re:Hmmm... by cioxx · · Score: 4, Insightful

    Because the editors are out of touch. They don't understand the scope of the issue. This is the kiss of death to the OSS model, if in fact it goes through.

    I've submitted 3 separate articles regarding EU patent initiative since 25th and all of them have been rejected. This is just another case of ignorance on part of American OSS supporters ignoring what goes on outside of US, and later bitch and moan for years why the laws are unjust.

    For fuck's sake, I live in California and I'm horrified of the fallout that might result from this.

  40. Re:European patents != American patents by Raphael · · Score: 5, Insightful

    Here is an example: although the GIMP web site is hosted in the US, several of the most active developers are living and working in Europe. So after some discussion with the other developers, I decided to close the home page of www.gimp.org. Even if you live and work in the U.S., you could be affected because some software developed by many contributors from all around the world could cease to exist because of software patents affecting these developers.

    Allowing patents on software and business methods in the U.S. was a bad idea. Several studies have shown that software patents in the U.S. have had a negative impact on the industry. But so far, the damage has been limited because these patents are not accepted worldwide. So in many cases, a company that was more interested in litigation than real innovation was not able to sue the developers who (unknowingly) infringed on its patents because some or all of them were not in the U.S. But this could be different if these patents were valid worldwide (WIPO). The patent holders would have a bigger chance to hit the small companies and small developers, especially those working on Open Source or Free Software (because they cannot buy a license or pay royalties for all potential users).

    This protest against the changes in the European law would also be a good way to promote a necessary reform of the U.S. patent system. A growing number of economists in the U.S. are raising their voice against the patentability of software. A clear sign coming from Europe could also help the U.S. industry in the long run.

    Some people hide in their shell when their neighbors are threatened. Some people try to help them because they know that they could be affected directly or indirectly. The choice is yours.

    --
    -Raphaël
  41. Re: Slashdot is not down by brokencomputer · · Score: 4, Interesting

    We have software patent laws in the US and slashdot is in the US so slashdot would be protesting a law that were already enacted in the US. I dont think it would be helpful to shut down slashdot. if slashdot were shut down, a lot of people would not know about the protest and lots of other news.

  42. FAX by Elektroschock · · Score: 2, Insightful

    FAX Is more appropiate. Document what you did in the community tool http://aktiv.ffii.org Dont' spam. Be polite. Ask for amendments to McCarthys proposal. So read the texts on swpat.ffii.org first. Demand a definition of technical in the directive. Tell them you don't want Amazon vs. Barnes and Noble in the EU. Or MS vs. Eolas (500 mio $) or other patent privateers. Tell them what the W3C says.

  43. It'll move these EU folks to write their reps. by The+Revolutionary · · Score: 4, Insightful

    Yes, closing Slashdot may be preaching to the choir, but at this late stage in the game, this is exactly what can be most effective.

    We need the EU folks reading Slashdot to get a jolt, to say, "Hey, this really is something Big." We need this, because this is the only way that many of them -- just like Americans -- will take the time to fire off their position to their representatives who have both the duty to represent their constituents and the power to stop this in its tracks.

    And Slashdot, what is going to earn you more good will among your readership than taking a bold stand like this? Perhaps there would be more willing to subscribe -- at least for a month -- if they were to see you as politically active and not just a disinterested for-profit news portal.

    C'mon Slashdot, even just a prominent alert that could stay at the top of front page. Isn't it for the good of everyone?

    1. Re:It'll move these EU folks to write their reps. by ninewands · · Score: 3, Insightful

      I'm opposed to software patents as much as any European /. reader is, but I think there would probably be more of an impact in the EU if The Register were to close its website or at least put up a notice like this one.

      Why should /. close down when The Reg doesn't?

  44. Change the Law by MichaelCrawford · · Score: 4, Interesting
    The section of my article called Change the Law in Links to Tens of Thousands of Legal Music Downloads explains steps you can take to change the laws.

    While it focusses on reforming copyright laws, most of what I say applies to patents. Note that in the U.S. at least, patents have the same legal foundation as copyrights, being authorized by the same clause in the Constitution.

    The steps I suggest are:

    • Speak Out
    • Vote
    • Write to Your Elected Representatives
    • Donate Money to Political Campaigns
    • Support Campaign Finance Reform
    • Join the Electronic Frontier Foundation
    • Practice Civil Disobedience
    Well I don't think the EFF deals with patents but they do a lot of other good work.

    The above article is going to be put under a Creative Commons license to encourage copying as soon as I have the final draft done. I expect that to happen this weekend. So check back and copy the article to other websites when it's ready.

    Also I closed my consulting business website a couple days ago and will keep it that way a couple more days.

    While I don't get a huge amount of traffic to my homepage, I also don't expect most of the people visiting it to already be free software enthusiasts who know all about the patent controversy.

    --
    Request your free CD of my piano music.
  45. You got my vote on this. by SharpFang · · Score: 3, Insightful

    ...and in the meantime, link main page of Slashdot to the EU parliament, asking people to write petitions, visit all its pages etc... Effectively slashdotting it to a crawl - showing what REAL POWER stands behind the protesters.

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    1. Re:You got my vote on this. by Simon+X. · · Score: 2, Insightful
      Methods such as spamming are not the way to get your point across.

      I don't think anyone will be impressed much by your opinion if you express it by making a nuisance of yourself.

  46. What about a "Thought Bank"? by Ridgelift · · Score: 2, Insightful

    BTW, Debian is still up, but the top of the fold indicates their support of the protest.

    Maybe this is totally naive, but what if we setup a "thought bank". Most patents holders need to show their idea was theirs first don't they? If someone else can show prior art (ie. newspaper article, widely available source code, etc, anything to prove that someone else thought of the idea first) then the patent is invalid.

    People who think of an idea who don't want someone else to patent it can describe their idea in the thought bank. It would then digitally sign the idea and post it for search engines and archive.org to catalogue it, and thereby providing a central place to create "prior art".

    Any comments on why this is a [good|bad] idea?

    (and just so you know, I'm patenting the idea of a "thought bank"...just kidding :-)

  47. Is This Really Effective? by suwain_2 · · Score: 2, Interesting

    I have to question the impact this will have. Sure, we who already dislike software patents are upset by it. But will anyone in the closed software world be upset by this? If anything, I think some larger companies will be delighted that their 'competition' in the Open Source world is taking their site down.

    Don't get me wrong; I'm against software patents too. But this seems no different than if, say, abortion clinics closed their doors to protest potential anti-abortion legislation -- it's going to make the other side happier, and I doubt anyone in the EU would even notice. Frankly, I think all this is doing is inconveniencing those in the OpenSource community who are trying to download the programs, forcing those who really need it to find a closed-source (and patented!) equivalent. They're hurting their cause, not helping it. The petition someone here linked to would be a far more effective way of protesting.

    --
    ________________________________________________
    suwain_2 :: quality slashdot p
  48. This protest violates my patent! by ivanmarsh · · Score: 2, Funny

    I am issuing an immediate cease and disist order re: my patent #654335436543

    Which states in part:

    "A method or system for demonstrating political opinions through an electronic medium."

    You bastards all owe me money!

  49. The coming Digital Dark Age... by Lodragandraoidh · · Score: 5, Funny

    Worse case senario: Free software is defeated.

    Free software goes underground. Geeks start sharing software through encrypted peer to peer networks. Non-geeks end up buying high priced crud from M$.

    M$ and the RIAA companies get richer, and root out the last vestiges of free software on the net. Geeks build elaborate screen savers that look like a M$ windoze box - for when guests are around, but run Linux and free software underneath the hood.

    The Senate convenes a new 'Un-American Activities' commitee, and brings prominent geeks in for public 'questioning' (ridicule). These geeks are blacklisted, and can not find work. This serves to make other geeks 'tow the line', or at least pretend to.

    After a decade of low wages, persecution, and social programs intent on 'Microsoftizing' the populance, the well of available geeks runs dry. Geeks, themselves, no longer pass on the arcane subjects of computers to their children, instead opting to teach them candle making, and send them to seminary.

    Over the next 20 years all remaining geeks retire from the workforce. There are no new systems built. All existing systems are kept running by non-geeks who use cargo-cult methods, not really understanding how it works. If a system breaks down - it does not get fixed. Slowly the network deteriorates; world wide communications become extinct. The Digital Dark Age lasts for ten thousand years, until some proto-geek reinvents the computer and the silicon chip.

    Is this the future we want for our children? Make a difference - now!

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
  50. Not just a handful by too_bad · · Score: 2, Interesting

    Just google for "closed because of software patents" and there are so many
    companies doing the same.

    --
    DO NOT PANIC
  51. Self-generated protest? by phorm · · Score: 2, Funny

    I wonder if SCO is joining the protest, their website seems to be down lately a lot too!

    It's up right now. Perhaps if enough slashdotters could visit them and help them protest a bit more?

  52. This isn't about Open Source by Sloppy · · Score: 4, Insightful
    One thing that disappoints me is that at least one of the pages that I saw (Apache), talks about this as a threat to Open Source.

    It is, but the problem is bigger than that. Software patents are a threat to Open Source in much the same way that nuclear war is a threat to beekeepers. Almost everyone who writes software has this sword hanging over their necks, the only real exceptions being people who are at companies who have large patent portfolios and can cross-license. Those programmers are a minority.

    I develop and maintain proprietary software for a living, and like every other programmer in the world, I have no idea how many patents I routinely violate every week. The only reason it hasn't been an issue (so far) is that our source is closed so it would be pretty hard for a hostile outsider to know what patents I violate, too. But if there ever were a conflict that somehow resulted in us having to reveal our source, the risk .. well, the risk is unknown. And that's pretty scary.

    A litigeous situation like that is unlikely because we're so small and our competition isn't very heated. No one has much to gain from harming us. But I can easily imagine situations where larger companies who are battling for big stakes, could find patent violations in one another products. (Look at how IBM responded to SCO. Never mind that SCO were the bad guys in this fight -- IBM could have done that to anybody.)

    The kind of patent violations I'm talking about aren't "IP theft" or lazy followers copying true leaders' work. It's just people doing their jobs and solving problems the way any programmer should solve problems. Problem solving is what we do every day. And it's not like we're all these brilliant Edisons and Franklins who are inventing these insightful things all the time; it's just that with software, there's a simple process (that does not require genious) for arbitrarily piling layer upon layer to create immense complexity. And whatever you come up with, there's a reasonable chance that someone might have a patent on it. This is not what patents were intended to cover!

    Anyway, what I'm getting at is that most proprietary and internal services programmers should be just as concerned about software patents as Free Software and Open Source developers. This is a much bigger problem and I think the publicity needs to get that message across.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  53. If slashdotters really want to have an impact by Sphere1952 · · Score: 3, Interesting


    Accidentally hit reset on a few well chosen machines all at the same time -- say maybe midnight GMT tonight.

    I bet the shock to the Internet would be nothing compared to the political earthquake of headlines reading "Slashdot readers bring down Internet in protest over software patents."

    --
    Big Brother Bush is doubleplus ungood.
  54. One other link to protest by llebegue · · Score: 2, Informative

    http://linuxfr.org/

  55. Patent/Copyright ... outdated by willtsmith · · Score: 2, Insightful

    The fact of the matter is that Copyright and Patent law is completely outdated and can no longer effectively cover the sphere of creativity in the marketplace. 100 years ago, the scope of what was a written work and what was an invention was pretty easy to comprehend. It was also very clear who was the patent holder, the originator of the work.

    Today, the issue is a real mess.

    Software-
    Software is a written work that becomes a machine when compiled and executed. It is a work that spans the two and should clearly have it's own category. Software patents for REAL innovation is appropriate. However, applications of derivates of well known concepts are simply not deserving of 17years of exclusive use.

    I once had a colleague who had effectively patented the bit. Basically he had determined a scheme by which a record would either be a "summary" or a "detail" if a bit was switched. They actually successfully sued AT&T and succeeded in getting royalties.

    While the use of such a technique does show a level of adaptivity and creativity, it doesn't rise to the level of "NEW IDEA". Certainly not one warranting 17 years of exclusive rights. The fact is that fundamental computer science is MEANT to apply to a limitless number of scenarios.

    As far as copyrights go, it's pretty foolish to copyright something that you don't publish. Software code is virtually NEVER published. It's really a bad fit for copyright as no-one has a clue as to whether they did or did not infringe.

    Clearly a new classification of intellectual property is needed in this category.

    Bio-Tech-
    A tremendous new force is emerging to literally turn biological information into machines. The pharmeceutical industry has existed for nearly a century treating drugs as "inventions".

    The thing about modern pharmeceuticals is that their is way more at stake than the invention itself. Pharmecuetical production involves

    1) Identification of a substance (or class of substance) that produces specific effect in anatomy.

    2) Processes to synthesize that agent in a manner that is cost productive.

    3) Development of an appropriate delivery agent.

    4) Clinical trials to determine the efficacy of the product so that it can be marketed.

    Each of these steps require uniquely different skills and techniques. In a way, each represents a uniquely different type of intellectual property.

    Furthermore, when we look at the real "new age" biotech, there core product is often "knowledge". For example, knowledge of the human genome and how individual genes effect human anatomy. Our law is now recognizing the patent of individual "genes". Those are FACTS.

    Patents aren't supposed to recognize scientific facts and truths, only inventions. However, patents are now issued to biotech firms for the knowledge of functions for individual genes or clusters of genes.

    Clearly this fundamental research is a form of intellectual property. But it clearly IS NOT an invention since the knowledge does not produce a workable product, device or machine. It certainly is not a copyright, only god could copyright the human genome ;-)

    Again new forms of intellectual property law is warranted to account for expensive research. Such a research is VERY valuable to humanity and an economic incentive may clearly be warranted (though perhaps not 17 years worth of protection).

    Beyond that, perhaps research that produces new uses for older "inventions" should be relevant. For example, pharmeceutical companies simply will NOT invest research into known substances going of patent. There is no economic motivation. Perhaps a "IP" that would allow royalties for NEW uses of existing substances would be appropriate.

    Another aspect of biotech firms is "process". The concept of "process" is embodied quite boldy in patents now. Though their relevance and applicability is often questioned. Indeed, I would claim that the a GUI software appli

    --
    -------- -------- Support Wesley Clark for president!!!
  56. Are the PHP folks participating also? by The_Real_MrRabbit · · Score: 2, Interesting

    Simply cannot get to the web site today... It's pingable, can browse site initially with telnet://www.php.net 80 and do a GET /index.html. Elsewise, no cookie when using browser... Just hangs... =8-(

  57. Hack the system by mic256 · · Score: 2, Insightful

    I've heard an opinion recently, that the GPL is just a hack around the normal legal system. Basically, the free software movement did not start with changing the law. It wasn't like there were demonstrations or petitions against copyrights. Instead the legal system was simply hacked. I just wondered if that could be done again, this time with patents. Wouldn't making simple adjustements to the GPL work? Here are my (very rough) proposals
    I) if you agree to use this software you must not claim infrigments of any of your patents by any software covered with the GPL 3 or greater
    Also, the FSF, OSDN or whatever free software organization could register patents and then license them under the GPL with the following another adjustement
    II) you are free to use the patents no. aaa, bbb, ..., in any program covered by this license free of charge, however you are forbidden from using this patents in any product not covered by this license
    I am writing this from mozilla, so I have some
    simple patents proposals (I don't know if they are valid)
    a) type ahead search
    b) spam filter
    c) mouse gestures
    I know they are stupid (just like every patent out there). Imagine next time a nuisance like SCO happens (hey, but you infringe 100 of our patents :)). Basically, what I am saying - if you cannot change the system, use it to your advantages. Any thougths on why did would or not work?