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Patent Mess May Stifle Australian Software

gtoomey writes "Australian Open Source lawyer Brendan Scott is claiming the USA/Australia Free Trade Agreement (FTA) will damage all Australian software development. An article in the Sydney Morning Herald says that developers have probably built products which 'infringe' on U.S. software patents, while the FTA is forcing Australia to adopt DCMA laws."

6 of 231 comments (clear)

  1. No it won't by fireman+sam · · Score: 5, Funny

    It won't damage Australian software development. Microsoft Australia, Sun Australia, Apple Australia will do just fine.

    For me personally, you can catch me at Elisabeth St intersection washing windscreens for the MS, Sun and Apple developers as they head of to work.

    --
    it is only after a long journey that you know the strength of the horse.
  2. Re:Australia? by Soko · · Score: 5, Interesting

    Well, for one, Dr. Andrew Tridgell is an Aussie. Several key OSS devs are as well. A major thorn in the side of Microsoft et. al. is that when they win in the US through buying laws, someone in another country does what those in the US no longer can.

    One can see that the Closed Source MegaCorps have realised that unless they get all lawmakers, not just those in the US, on thier side OSS will march on with out missing a beat. This could be the thin edge of the wedge, as it were.

    Soko

    --
    "Depression is merely anger without enthusiasm." - Anonymous
  3. Help fix this problem by Marlor · · Score: 5, Informative

    I posted this information in the earlier (less specific) story about the FTA's impact on Australian software development, but we really need to take action to let the media and politicians know that this is a big issue.

    One of the best tactics is to send letters to newspapers. The FTA is a hot topic in the news right now, so there's a good chance that letters relating to it will be accepted. You can send letters to the editor at the following addresses:
    The Australian
    Sydney Morning Herald
    The Age

    You can also let your feeling be known to the shadow minister for the Arts, Sport and Information Technology (Senator Kate Lundy). Her contact details are here. Be sure to mention that this issue will affect your vote.

    The Department of Communications, Information Technology and the Arts have so far brushed off any suggestion that Australia's software industry will be harmed by the FTA, and really do not seem to understand the issues. However, you can contact them here, and the Minister for Communications, Information Technology and the Arts here. Once again, be sure to mention that this will affect your vote.

    You can also find out which electorate you are in, if you don't already know, and send your local federal MP a message about how disappointed you are over the FTA's impact on the IT industry.

  4. This has me worried in a major way by inflex · · Score: 5, Interesting

    I'm a small software development company, a one person one in fact. While I don't have any concerns (yet) about the DMCA, I do worry about patent implications.

    Given the spate of trivial patents that are granted, it's somewhat inevitable that any piece of software more complex than perhaps "Hello world" is bount to infringe on something, somewhere.

    I'm seriously considering moving my operations base overseas. NewZealand would be nice but it's a tad too close, especially since I've heard that there's plans for greater unification between Au and NZ.

    I've contacted my state and local representitives about this matter, strangely all of them see to forsee it as something which "will" happen as apposed to something that the people of Australia even have the slightest choice in. Seems to me that "democratic" governments are far from being such anymore.

    PLD.

  5. Hmm... Samba... by Anonymous Coward · · Score: 5, Interesting

    Aren't most of the Samba developers in Australia? If so, would this mean that MS could now go after the Samba developers for infringing on patents in SMB?

    Hmm...

  6. OMG no guns no revolution! by Anonymous Coward · · Score: 5, Insightful

    AND we don't have a bill of rights either...

    Funny that most people consider out democracy to be better than America's in terms of representing the people. Our gun crime rates are WAY lower per head, in fact I think all crime is way lower (probably because we have real welfare, health and education accessable to all). In fact, in many ways, before the neo-liberal reforms of the past few decades Australia was probably only suceeded by war-time britain in representing an ideal socialist state married with real democracy.

    But now we have compromised a bit towards market capitalism and our economy is one of the strongest in the world. However, our social amenities have also erroded. It's about striking a balance really.

    This is why so many aussies are worried about the FTA with the US. Not because we don't like you, it's just that american companies will use the FTA to change our local legislation re: culture, software, drug prices. So it's not a FTA, it's signing away some of our sovereignty, equalising with a society who's ideals we respect, but who's standard of living is below ours in so many ways.

    America is a ghetto compared to Australia. I recently had medical problems, and with no insurance I saw a doctor about 10 times, got xrays, blood tests etc. etc. Didn't hand over a dime, no waiting in line, it just all worked... for free. I don't think you americans understand this. Got my university degree via a government loan which I pay back with no interest once I start earning over a certain threshhold. So it was free too until I get a job with it that earns a reasonable amount. If I never get that job, I don't have to pay it back. And if I can't find a job I get a reasonable set of benefits, straight away none of this 6 months before benefits stuff you americans have. And on top of this our economy is arguably stronger than that of America's.

    WTF? you say. WTF indeed.

    The basis of good policy is to not argue about ideology it is to look at other societies do and learn from them. Case studies of other societies should inform the policy process, but in your myopic vision america cannot see that the standard of living we have is far greater than theirs even if you guys have a tad more GDP per head.

    This is why you should vote back in the democrats and get a real healthcare system. Your health, edcuation and welfare systems are the laughing stock of the western world. It was once said if you want to know the essence of a country you should look at how it treats it's poor.

    Oh mighty america, how you are powerless.