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City of Munich Freezes Its Linux Migration

Jan0815 writes "Yesterday I received disturbing news from the CTO of Munich, Wilhelm Hoegner. As previously mentioned, there is a rising concern that software patents could stifle development of open source worldwide. FFII has complete coverage of what is going on in Europe." (FFII stands for Foundation for a Free Information Infrastructure.) Reader jmt(tm) writes "The call for bids was supposed to be published in late July, but the Munich Green Party had pointed out about 50 possible patent conflicts which the city wants to evaluate before moving on."

9 of 523 comments (clear)

  1. Re:...EU software patents? by Anonymous Coward · · Score: 5, Informative

    We don't have them yet. That of course didn't stop the european patent offices from granting thousands of software patents even though they are illegal. As it is now these patens are useless as they will not be enforcible in front of a court, however the moment software patents become a reality that will change.

    Stop Software Patents!

  2. Re:...EU software patents? by _mArk · · Score: 5, Informative

    OK, I am replying to my own post...
    Some important issues they raise in the 'patent PDF'

    - mozilla tabbed browsing (from opera?)
    - GIMP image export formats (ie. JPEG, GIF)
    - OOo macro support
    - OOo XML schema (from MS Office)
    - CIFS / SMB
    - Use of browsers for eCommerce (Oracle patent)

    Seems to me that they have been exaggerating some patent issues.
    Others might apply, such as CIFS, Gimp GIF issues etc.

  3. Even though its german, read the study by Anonymous Coward · · Score: 5, Informative

    I can only urge you to read the study that lists the potentially infringed patents.
    http://www.ffii.org/~blasum/basisclient/ swpatmuc.p df

    Even though it is german there are a lot of patents listed in english and you will be able to see how incredibly absurd this whole thing is.

    For example there are patents for:
    - Tabbed Browsing
    - Multitasking
    - Using your browser to browse online forums
    - Creating documents through macros

    to just name a few.

  4. Re:Translation . . . by BadDoggie · · Score: 4, Informative
    I don't have time to translate it. Basically, it says that Munich's project is being watched worldwide and that there are a lot of attacks against Linux right now. It lists some examples of infringement threats should the EU accept software patents (currently about 30,000 submissions, 10-20% of which directly affect client software).

    The list of example patent claims (most of which would be easy to fight but we aren't really rolling in dough here in Munich at the moment) should be clear enough and translation sites don't mangle them too much.

    Note that this is mostly based on patent applications, not accepted patents. The majority of concerns become moot if the EU denies software patents.

    Cheers,
    woof.

  5. some more details who supports what here... by w4rl5ck · · Score: 5, Informative

    the green party just brought up the software patent issue to get some attention to an existing problem - software patents.

    They are pro Linux (at least for Munich), and against (pure) software patents.

    Just to prevent misunderstandings... :)

  6. Re:Munich Green Party by FlorianMueller · · Score: 5, Informative

    They are with Linux and they are against software patents. I know that because I helped them last Friday with some of the PR work for their motions that made the city administration put the LiMux project on hold for now.

    If everyone in the industry and in politics understood that you can only be either for open source or for software patents, it would all be a lot easier. Some say that software patents have not hurt open source so far but today we have the first incident that shows how software patents can put a hallmark Linux project in jeopardy.

    What people need to understand is that the competitors and enemies of open source may very well accept today's stack of open source software, but they lay huge patent minefields in new areas of technology so they can arbitrary restrict the functionality of open source and keep its market share limited in the future. However, the best that can happen to all of us is an unfettered proliferation of open source.

    I'm not just involved in open source. I'm also developing a closed-source computer game based on the .NET framework. I really love .NET but I want its developers to face open source competition because that's the best assurance that they'll do their best in the future.

  7. Official Declaration of Mayor of Munich by FlorianMueller · · Score: 3, Informative

    http://www.muenchen.de/Rathaus/bb_dir/presse/2004/ 08/99502/limux_softwarepatent.html

    Here's a translation:

    The [Bavarian] state capital Munich certainly holds on to the Linux project that was decided on by its city council, and upholds its strategic decision in favor of an open source project. [reference to dpa report, a German news agency]

    "It was just yesterday that the IT experts of the city explained the strategic benefits of its Linux project to the city administrations of Augsburg and Nuremberg [two other Bavarian cities, Nuremberg is the 2nd largest one]. We were pleased to see that those cities, like Vienna (Austria), are interested in Munich's open source solution." All that is correct to say is that the bidding process for the base client has been temporarily put on hold because the legal and financial risks due to a draft directive proposed by the EU Competitiveness Council (which would allow for the very broad patentability of software) need to be checked into.

    In the opinion of the mayor, it is now the highest priority that all European municipalities and enterprises that have a vested interest in open source take influence on the EU institutions and the national governments of the EU member states. The goal must be that the envisioned directive does not take effect as a European law. In that regard, Munich concurs with a decision by the European Parliament, "which once again is attempted to be turned around and into the opposite, by small EU committees that pander to the interests of large corporations".

  8. Some of those patents are plain criminal by theolein · · Score: 4, Informative

    Although the original auther didn't bother, here is a basic list of what some of the patents are:
    Tabbed browsing...
    Reading fees for web based applications...
    Web shopping basket....
    60 Firewall patents....
    Jpeg compression...
    Windowing systems...
    Document creation via macros...
    Multitasking...
    SMB/CIFS...
    Web based deployment...

    These patents are literally criminal. Why bother to use a computer at all. Why bother to even consider working in IT since, due to patents, you're fucked the moment you write your first line of code. Christ alfuckingmighty, Microsoft and these fucking patents make one feel like being back in the fucking dark ages when you were forced by law to pay taxes to the fucking church just because they were there.

    I'm going to work in a fucking restaurant as a waiter. At least there I know why the customers and the boss treat me like shit.

  9. Re:...EU software patents? by brlewis · · Score: 4, Informative

    There are thousands of software developers who read slashdot. Find one who says "I found this great algorithm in the patent literature". Or find a reference to one on a web page. Or find someone who knows someone whose third cousin once heard about a software developer saying that. Until then, shut up about software "patents" increasing knowledge.

    I put "patents" in quotes because the EU hasn't made them legal yet, and they've never been legal in the U.S. The Supreme Court has ruled each and every time that software is not statutory material for a patent. And their most recent decision (Diamond v. Diehr, 1981) cautioned that you couldn't make nonstatutory material statutory by changing the wording, etc. See section IV of the majority opinion.