Munich's Linux Migration Raises EU Patent Issues

J ROC writes "Techweb has a story about the German city of Munich's Windows-to-Linux migration. It appears the move to replace 14,000 Windows desktops with Linux has hit a bump. Green Party alderman Jens Muehlhaus, who is a supporter of open-source software, has petitioned the mayor to examine the status of software patents in the European Community. The issue involves a proposed directive on software patents that is being considered by various European governments. Muehlhaus fears that a patent owner could issue a cease-and-desist order against Munich, thus hurting the operation of various city departments."

Comments

So would MS software be immune?

[PhilipPeake]

I would think that given MS's past history of "borowing" ideas, they are as open to patent issues as anyone else. So what do they suggest Munich (and everyone else) do? Stop using software?

Re:So would MS software be immune?

[ron_ivi]

On, and once again I'd like to state the need for a third-party source-code auditing service that the large auditing company could provide to make sure that software (both open source and commercial) doesn't infringe on other people's copyrights and patents.

It's concerning to me how many people may be using illegal software from closed souorce vendors who stole source code from other projects. I would hate to build a business on a software package only to later have the vendor discontinue support because he got caught for having illegally stolen copyrighted software and incorporated it in his work.

With open source, I can feel pretty safe - based on the many eyes who see the check-in comments, someone would complain if they saw their stolen code. With proprietary software, I probably wouldn't even have a way of knowing until my vendor gets shut down.

This idea is GENIUS!!!

[erroneus]

I wish I had thought of it! The only way to make the government see that software patents are bad is to show them that they've got something to lose!! GENIUS!

Should have been obvious from the EU directive

[retrosteve]

They've stated the headline backwards! It should be:

EU software patent directive makes Munich's Unix migration difficult.

The moment Germany caved on Software Patents they ensured that free software would require licenses simply to continue to exist and be compatible with any commercial software.

Hence, any government (e.g. Munich) hoping to use open source or free software will eventually be unable to do so and still retain compatibility with common commercial software. It's a foregone conclusion.

Case in point: Samba. It's only a matter of months before Microsoft uses patents to kill Samba and all similar communications compatibility with Open Source software. How will this affect Munich?

I really do hope this brings the German delegation to the EU back to their senses, but I fear it's too late. By the way, the ffii site seems to be down. Anyone know why?

Sorry, proprietary tech end-users can get sued

[kjj]

Click here to read about a patent case involving Rockwell and a lawsuit generating company called Solaia. They decided to go after Rockwell's costomers and not just Rockwell. The customers sued Rockwell and Rockewell is now going after the Solaia's lawfirm for making the suit. This thing makes the SCO case look like a picnic, but in this case only proprietary software and technology and licensing is involved. Now of course these end-users are actually big corporations like Clorox and Shell which is probably one reason the suits were filed. I have not heard of patent suits where customers at a department store or mall get sued for their purchase, but do not rule out that possibility. It could happen. The point is using proprietary systems and licenses with big corporations does not put you in the clear of liabilities.