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RMS On How To Fight Software Patents

rimberg writes "Richard M. Stallman has a article on NewsForge talking about ways to fight software patents. It mentions the Public Patent Foundation (and why it's a good idea), but argues that fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria." (Newsforge, like Slashdot, is part of OSTG.)

259 comments

  1. I agree with the article by Anonymous Coward · · Score: 4, Funny

    Even though I haven't read it.

    1. Re:I agree with the article by Anonymous Coward · · Score: 5, Insightful
      Also seriously insightful.

      RMS wrote (or had EM write) the GPL at a time that I and many other techies thought it was just a bunch of lawyering interfering with code fragments we were just posting on usenet with no copyright/license info. Now the GPL probably helped Linux beat BSD (since companies wouldn't have shared as much if the GPL didn't encourage them to), and may be important to protecting Linux survive.

      RMS wrote The Right To Read back in 1997 at a time when DRM was a relatively new technology, and I dismissed him as being paranoid again. Note this was before the DMCA (1998). Long after, when the e-book DRM issues started I remembered his article. Now in the day of the increasing RIAA and MPAA presence, his article is more scarry than ludicrous.

      If I were to read this article, I'm sure I'd think he's paranoid again; only to once again see 5 years later that he was actually just years ahead of me again.

    2. Re:I agree with the article by Anonymous Coward · · Score: 0

      Here we have evidence that RMS himself is the cause of all IT suffering.
      Were he not consistantly emitting tautological jeremiads, companies wouldn't have these machiavellian ideas.
      <grin>

    3. Re:I agree with the article by Anonymous Coward · · Score: 1, Insightful
      BTW - if you want people to see the parent article, we need to mod up the grandparent's funny "Even though I haven't read it." comment, cause otherwise they both show up at the end of the comments instead of near their beginning. If you didn't think 'Even though I haven't read it" was funny, look again now that the parent poster revealed a hidden irony in the grandparent making it funny.

      Note that all posting involved are from ACs, so there's no karma whoring involved in these mod requests - just want more people to see the benefits that RMS brings, even though he's often dismissed as a crackpot at first (only to be proven correct years later).

    4. Re:I agree with the article by davegaramond · · Score: 1

      But surely more companies are contributing code to BSD-ish projects right now? Examples: Fujitsu with PostgreSQL, Apache, Ruby, Perl, PHP. And I bet Yahoo! is contributing lots of code into FreeBSD. Linux is one big exception, of course.

    5. Re:I agree with the article by Anonymous Coward · · Score: 0
      More than GPL'd software? I'd be surprised. MySQL's used at least as much as PostgreSQL, and has at least as big corporate sponsors (SAP). Perl, Ruby- sure; but surely more contributed to GCC.

      I think a good example is companies who use both. For example Cisco and its division Linksys use both Linux and PostgreSQL. Re-releasing to the communit is not one of their higest priorities. When pressured their GPL'd (Linux) parts are given back to the community. No efforts have been made to ask what the've done with the BSD licensed parts.

    6. Re:I agree with the article by Anonymous Coward · · Score: 0
      No need to mod this mod-up-request insightful anymore... the funny FP attempt that started the thread is already at +5.

      (mod parrent back down - it's silly to have a 'insightful' mod-up request)

    7. Re:I agree with the article by iamacat · · Score: 1

      Now the GPL probably helped Linux beat BSD

      This is not a sure thing by any means. Apple/NeXT probably chose BSD over Linux because they were affraid they would have to release the source to MacOSX UI over some obscure GPL vs LGPL issue. Otherwise, Linux would get all kind of patches like KHTML does from the company that spends hunreds of millions on OS development.

      Sure you should be able to lend your books to other people or write your own one using broad ideas you got from other people's work. But does it really mean you can just sell your own copies of Harry Potter without paying a penny to the original author? If not, you should support IP laws but only ones permitting fair use - like using a Linux DVD player to enjoy movies you paid for.

  2. It's very easy, actually. by Pig+Hogger · · Score: 5, Insightful
    Just make sure your legislator aren't bought by big croporations in the first place.

    This involves watching public affairs and politics closely, however, not an easy thing to do now that croporations have managed to make democracy look bad during the last 20-25 years...

    1. Re:It's very easy, actually. by Anonymous Coward · · Score: 1, Interesting

      "Every democray in hisotry has eventually commited suicide."
      -William Durant, Historian

    2. Re:It's very easy, actually. by flossie · · Score: 5, Insightful
      Just make sure your legislator aren't bought by big croporations in the first place.

      Even that isn't really enough. Many of the people who will be voting on this don't really understand the issue. Furthermore, the people who are pushing for software patents are being very deceptive. I have had correspondence with politicians who seem to honestly believe that they are voting for restrictions on software patentability when they are doing no such thing.

      The important thing is to educate the politicians. Make them understand why the issue is so important and make them understand what the legislation before them really says.

      A great battle was won when the European Parliament amended the Commission's directive, but there is still a lot more to do if we are to see final victory.

      Get writing!

    3. Re:It's very easy, actually. by Anonymous Coward · · Score: 3, Informative

      Of course you don't live in a democracy. Which is one of the biggest problem when 95% of a countries population does not know the form of government they are living under.

      BTW if you live in America you live in a REPUBLIC, if we lived in a democracy we would directly elect the president.

    4. Re:It's very easy, actually. by Anonymous Coward · · Score: 1, Insightful
      BTW if you live in America you live in a REPUBLIC, if we lived in a democracy we would directly elect the president.

      In a *real* democracy, you wouldn't need to elect a president. The citizens would vote on the issues directly, just as the ancient Athenians did.

    5. Re:It's very easy, actually. by smittyoneeach · · Score: 3, Insightful
      The important thing is to educate the politicians.

      More important still is to educate the electorate to vote for educated politicians.
      A younger me thought politicians were the horse, and the electorate the cart.
      We do far too little to promote leadership of any kind in _any_ party, as evidenced by the lack of any substantial debate from anyone in the US presidential farc^H^H^H^Helection.
      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    6. Re:It's very easy, actually. by Anonymous Coward · · Score: 0

      Assuming the politicians care about what you think is a little naive.

      Politicians are the knobs corporations turn to make sure the economy is tweaked to run efficiently and profitably.

      They really don't give a shit what you think.

      Now go argue about gay marriage or abortion and forget about the economic issues. Keep shopping or the terrorists win. Thank you, have a nice day.

    7. Re:It's very easy, actually. by fgb · · Score: 1

      Well...that's partially correct. We do live in a republic. In a democracy, however, people vote directly on the law. Whereas in a republic the people's representatives, elected or otherwise, make the laws.

    8. Re:It's very easy, actually. by Pig+Hogger · · Score: 0, Troll
      BTW if you live in America you live in a REPUBLIC, if we lived in a democracy we would directly elect the president.
      I live in America, but not in a republic. Canada (which is in America, by the way) is a -spit- monarchy.

      You should get your facts straight.

      Cuba and China are republics, too, but unlike the USA, they don't have democracy.

      A republic can be democratic, or not.

    9. Re:It's very easy, actually. by Gentlewhisper · · Score: 2, Interesting

      "In a *real* democracy, you wouldn't need to elect a president. The citizens would vote on the issues directly, just as the ancient Athenians did."

      Don't know if there are any anime fans here, but if you want Kino's Journey there was an episode that is exactly like this. So people all vote on issues, and there are disagreements, and eventually, what did they do?

      They start voting to have the minority executed.

      Eventually there is only a couple and a man left, and the couple voted to have that man killed. Then one fine day the wife died of illness, because there are no doctors left (they killed them all).

      Finally, the remaining man shot himself.

      Not a pretty end for the US of A, I'd say stick with the present system however bad it is.

    10. Re:It's very easy, actually. by autophile · · Score: 2, Funny
      Just make sure your legislator aren't bought by big croporations in the first place.

      Craporations?
      Copro-ations?
      Crop-rotations?
      Crap-of-nations?

      Score -1, misspelling and (bonus!) grammar error.
      Score +1, but the mispelling is so funny.

      --Rob

      --
      Towards the Singularity.
    11. Re:It's very easy, actually. by pivo · · Score: 1

      They start voting to have the minority executed.

      That is bascially why the founding fathers of the US created a republic.

    12. Re:It's very easy, actually. by the_meager · · Score: 3, Interesting

      This is one of the ways that open democracies fail. The U.S. was never meant to be a democracy but a [Limited] Republic with democratically elected officials.

      Alot of people like to blaim politicians being bought out on the free market (often trying to use the term capitalism, as if they are one and the same). The problem of becoming too democratic is that the most powerful few (tyrrany of the minority/of the wealthy elite) and those of the greatest numbers (tyrrany of the majority) can influence the law to their own will.

      If we fought to maintain our Limited Republic more dilligantly, we would not be set up in a system where it is easy to sway the legislature in your favor. When making new laws is just short of impossible, and government does not have the "right" to set in place new legislature at will, you do not see politicians being bought out...

      I'm not specifically saying you were doing this, Pig_Hogger, but alot of people here at slashdot need to stop pointing at corporations and saying that capitalism (not to be confused with a free market... since corporations do not naturally exist in a free market) is the problem, totally ignoring the unfolding of our government with the decrease in trust and the rise in illegitimacy issues.

      Democracy has been making democracy look bad for the past few thousand years, that's why people as far back as Plato have been warning us of the difficulties.

      I'll give a few quotes...

      "We are now forming a Republican form of government. Real Liberty is not found in the extremes of democracy, but in moderate governments. If we incline too much to democracy, we shall soon shoot into a monarchy, or some other form of dictatorship."
      --Alexander Hamilton

      # "Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide."
      -- John Adams, 1814

      "The adoption of Democracy as a form of Government by all European nations is fatal to good Government, to liberty, to law and order, to respect for authority, and to religion, and must eventually produce a state of chaos from which a new world tyranny will arise."
      -- Duke of Northumberland, 1931

      "A democracy cannot exist as a permanent form of government. It can only exist until a majority of voters discover that they can vote themselves largess out of the public treasury."
      -- Alexander Tytler

      "The one pervading evil of democracy is the tyranny of the majority, or rather of that party, not always the majority, that succeeds, by force or fraud, in carrying elections."
      -- Lord Acton

      I'll stop before I get even more carried away...

      --
      Speckpot?
    13. Re:It's very easy, actually. by Anonymous Coward · · Score: 0

      as evidenced by the lack of any substantial debate from anyone in the US presidential farc^H^H^H^Helection.

      I know, we'll probably just end up with four more years of jokes: "Voting for Bush & Dick ensures that Americal will get screwed."

    14. Re:It's very easy, actually. by IgnoramusMaximus · · Score: 5, Insightful
      Canada (which is in America, by the way) is a -spit- monarchy.

      Parlimentary monarchy. A wee difference between the Queen being an all-powerful tyrant and a mere figurehead. For your information, we happen to have 4 major political parties and a few small ones. Minority governments are possible (we have one presently). Although people always complain, I take this system any night and day over the "one two-headed horse race" you got going over there since ... well ... basically day one. Which seemed to bother noone, only until recently, when it is became apparent that both of these entrenched choices are getting desperately lame. USA was extremely fortunate for most of its history that this Democrat/Republican farce did not go bad much earlier.

    15. Re:It's very easy, actually. by spikev · · Score: 1

      Not to mention that, practically speaking, it was impossible to have a democracy even when the nation was relatively small.

      It is technically possible now, but undesirable, especially to the Slashdot world, because that would mean giving the evil Diebold more money and power.

    16. Re:It's very easy, actually. by Anonymous Coward · · Score: 0

      People in America do not view canada as a real country... it is just a big fake cold state.

      The beer is good, but wtf is up with eh?

    17. Re:It's very easy, actually. by Anonymous Coward · · Score: 0

      Well, we are struggling here in Hungary. The biggest backers of swpat are the Ministry of Justice and the Ministry of Foreign Affarirs - besides the Hungarinan Patent Office. As it turns out, there are two dinasties behind: Barandy and Ficsor.

      Ficsor the elder worked in the Ministry of Justice and is an old friend of Barandy the elder. Ficsor the younger is in the Hungarian Patent Office and is the chairman of the Committee (EKTB) charged with the introduction of swpat in Hungary.

      Barandy the younger is currently the Justice Minister and appointed Ficsor the younger to the Hungarian Patent Office. Ficsor the younger gave HPO money to the association of Barandy the elder.

      Among other financial backers of Barandy the elder are: Microsoft, BSA and AOL Time Warner...

      The sponsors of Barandy the elder (the minimum wage, ou SMIC in Hungary is 50 000 Ft):

      BSA 10000 USD
      AOL Time Warner 10000 EUR
      ALAI centre 15000 EUR
      Microsoft 20000 USD
      HPO 2 920 000 Ft

      Go and figure what the difference is between Democracy and the Middle-Ages.

      Barandy the elder'a association backed by the above is named Magyar Szerzoi Jogi Fórum Egyesület: http://www.alai.hu

      Hungarian Patent Office: http://www.hpo.hu

      Government: http://www.meh.hu/english/government/members

    18. Re:It's very easy, actually. by micheas · · Score: 1

      You missed my favorite quote

      "Democracy is two wolves and a sheep voting on dinner."
      --Thomas Jefferson

    19. Re:It's very easy, actually. by nickco3 · · Score: 2, Insightful
      if you live in America you live in a REPUBLIC, if we lived in a democracy we would directly elect the president.

      It's only an either-or proposition when you're playing Civilization. Here in the real world we aren't restricted to a single adjective when describing governmental systems. The US is a democratic republic; the UK is democratic, but not a republic; China is not democratic, but it is a republic.

      In the ancient world, the citizens of a democracy voted on laws directly. No one practises this anymore, pretty much every one of these early democracies ended by voting all their powers to a charismatic tyrant. The Ancients Greeks even had a word for it: the Kyklos.


      What the Western world uses today was called a mixed constitution in the ancient world. They have an element of tyranny (the head of state), an element of aristocracy (the parliament, or senate) and an element of ordinary people (regular elections, not to often).

      --
      -- Nick "Hallo this is Beel Gates, und I pronounce weendows as ... WEENdows"
    20. Re:It's very easy, actually. by Anonymous Coward · · Score: 1, Informative

      I do not believe the parent was modded that high as Insightful. The poster doesn't even comprehend the history of US politics, or Canadian politics for that matter. The current state of the party systems in both countries is relatively recent, and is definitely subject to change, as history shows.

      For the interested, here's a little bit of information about the actual political history of the two nations.

      In the US:
      The Republican party didn't exist before the 1850's, Lincoln was one of it's first major candidates. The party itself began on a platform to free the slaves (remember them), because the major parties (Democrat, Federalist, Whig, and a few others) of the time were all too scared of loosing the southern power base to do anything about the problem. At various times several different parties have had a significant impact on US politics, including the Federalists, the Whigs, and others. The major change in US politics came with the invention of "machine" politics (where the local party bosses run so much of the community, often to the point that you cannot get a job, or even buy food, without their say-so, that everyone agrees to vote for that party just to survive) in New York in the late 1800's by the Democratic party. The techniques were refined in Chicago in the early 1900's (by the same party), and were eventually banned (although a lot of it still goes on in some places). The advent of that type of party power play gave the party leadership enough power to begin forcing smaller parties out (much like a few large corporations force out all competition in an industry). While it did (in the 1950's) produce the current two-party system (and the current financial tools wielded by the party leadership maintain that privileged status), there's no reason to believe the structure cannot change once again (and there are some indications this may well happen).

      In Canada:
      Through much of their history, while they had multiple parties, the real power lay in whomever had the favor of the British monarch, and the political structure devolved to a one-party system not unlike the system then in force in England (which is only part of Great Britain, which is only part of the United Kingdom). It wasn't until the reforms enacted shortly after WWI that the Canadian parliament could act unilaterally.
      If you look at their actions over the past 50 years or so, it's hard to see a significant advantage over the US system. They seem to have the same level of difficulty keeping in step with their constituents, remaining independent of power brokers, and such. In some ways, their system is even worse, since a coalition, while always representative of a broader population, is also plagued by the design-by-committee problem (solutions take forever to happen, and they're never the best solution, only the least objectionable).

      While our neighbors to the north may not approve of our politics, I'd challenge them to point to one major event in history where Canada has taken leadership on the world stage. They could have, at several points in their history, but the structure of their government (technically a constitutionally defined, representative, aristocracy) is not conducive to the dramatic actions that produce great events. The United States, however has a governmental structure (technically a representative, constitutional, republic [no, it's not a democracy, the federalist papers make it clear that the framers of the constitution were scared to death of democracies, the US system actually has much more in common with pre-ceasarean Rome than with ancient Athens]) that strikes a careful balance between long-term stability and short-term brilliance. It has it's problems, certainly, but I'll take it over any other system currently in use.

      BTW: Canada is in North America, as is Mexico. and a couple dozen other nations are in "America" when you include the southern continent. The whole world, however, generally means the United States of America when America is used without further qualification. It may not be technically correct, but why fight common usage, it's not worth the frustration.

    21. Re:It's very easy, actually. by Anonymous Coward · · Score: 0

      I live in America, but not in a republic. Canada (which is in America, by the way) is a -spit- monarchy.

      You're being deliberately confusing here by using "America" to refer to a continent. That's just sad at best. Canada is not in America, Canada is in North America, a region that contains three countries: Canada, USA aka America, and Mexico. There are two other regions in this part of the world: Central and South America. While it's technically true that these three regions together make the American continent, that name is too confusing with USA's short name, and whoever says Mexico or Canada is in America is simply being a jerk.

      Second, Canada is not a monarchy.

      Third, you can spit all you want on one of the finest countries that is part of this world: Canada, but that only makes you a sadder jerk.

    22. Re:It's very easy, actually. by Anonymous Coward · · Score: 0

      It's not common usage everywhere. You might find people following the trend in some english speaking countries, but mostly it is referred as the US not America, which is usually understood to encompass several countries. I have always wondereed thouh, how come the US never bothered to get a name for itself. I mean United States of America is merely a descrition, and Mexico and Venezuela would also fit that descripition... but they did get a name for themselves.

      Of course, the US are not unique in this. South Africa and the Central African Republic also suffer this lack of name. Any other countries out there that don't have names?

    23. Re:It's very easy, actually. by This+is+outrageous! · · Score: 2, Interesting
      In the ancient world, the citizens of a democracy voted on laws directly. No one practises this anymore
      Hmmm...

      You might want to read about Direct Democracy in Switzerland. Why does it seem so inconceivable here? Well, (from the second link there), "the extensive choice of media play a decisive role in ensuring the proper functioning of this particular form of State."

      --
      This is...

      O
      U
      T
      R
      A
      G
      E
      O
      U
      S

      !

    24. Re: It's very easy, actually. by Corvus9 · · Score: 3, Informative
      While our neighbors to the north may not approve of our politics, I'd challenge them to point to one major event in history where Canada has taken leadership on the world stage.
      If by "leadership" you mean invading foreign countries, I concede American dominance here.

      Otherwise, there is Canada's efforts for a peaceful resolution to the Suez Crisis, for which Prime Minister Pearson won a Nobel prize.

      Canada has played a role far out of proportion to its population in U.N. peacekeeping operations, and a major role in the International War Crimes Tribunal and Rome Statute, which the U.S. has largely ignored. Canada also provided significant support to the Rwandan and Balkan Genocide tribunals. Other countries' support has dwindled after these events are no longer on the front pages.

      Canada was one of few countries in the world willing to accept the Boat People refugees in the 1970s, and campaigns for the rights of refugees to this day.

      Canada was one of the first western countries to recognize the People's Republic of China, this under strong U.S. condemnation.

      Canada is also the major supporter of the international land mines ban, also against the wishes of its allies, and a decade before Princess Di jumped aboard.

    25. Re:It's very easy, actually. by St.+Arbirix · · Score: 1

      Here in South Carolina DeMint and Tenenbaum are fighting for Fritz Holling's (D-Disney) old seat. I think I'll send a letter to each one promising to vote their way if they can tell me they won't be "dictated by Disney like the previous guy." I'll see who responds the best to that.

      --
      Direct away from face when opening.
    26. Re:It's very easy, actually. by CaptainZapp · · Score: 1
      Yep; and in addition the "president" is not elected by the population.

      This in fact applies to the entire federal executive branch, which is elected by the two houses.

      That said however, it doesn't matter too much, since the populace can always apply corrective measures to whatever braindead laws the legislative and executive branch decide to grace the people with. And they do; judging on the outcome of the last referndums after a "right wing" shift in the executive branch.

      BTW: "President" is in quotes, because its more a decorative description for representative duties and changes annually among the seven ministers of the executive branch.

      --
      ich bin der musikant

      mit taschenrechner in der hand

      kraftwerk

    27. Re:It's very easy, actually. by Khelder · · Score: 1
      there's no reason to believe the structure [two party system] cannot change once again (and there are some indications this may well happen).

      Although literally I agree, I think you're overstating the probability of party change. There's no proof it cannot change, but there is good reason to think the US is unlikely to ever have anything but a two-party system: Duverger's law. Thanks to the US winner-take-all voting system, it's extremely difficult for 3rd party candidates to be elected.

    28. Re:It's very easy, actually. by Tablizer · · Score: 1

      More important still is to educate the electorate to vote for educated politicians .

      No! That won't work. Form GeekPAC to fight fire with fire.

    29. Re: It's very easy, actually. by Anonymous Coward · · Score: 0

      Canada is also the world's leading exporter of uranium. They dont seem to care how it's used.

    30. Re:It's very easy, actually. by Anonymous Coward · · Score: 0

      me thinks they had a plan that would include ALL american states. Thankfully their last attempt in Canada was stopped.

  3. Da Bomb. by Anonymous Coward · · Score: 2, Funny

    "but argues that fighting patents one by one will never eliminate the danger of software patents"

    May I helpfully suggest tactical nukes?

    1. Re:Da Bomb. by irokitt · · Score: 3, Funny

      Do you mean Gnukes?

      --
      If my answers frighten you, stop asking scary questions.
  4. Masquitoes by panth0r · · Score: 3, Funny

    That's what I've been telling everybody, you have to put all the masquitoes in a jar and then through that giant jar in a fire.

    --
    I like suggestions, but I don't like contributing towards them.
    1. Re:Masquitoes by Thing+1 · · Score: 1

      But ... I already enjoyed those moquitoes!

      --
      I feel fantastic, and I'm still alive.
  5. Re:in case it gets slashdotted by Anonymous Coward · · Score: 0
    The U.S. patent office issues around 100,000 software patents each year; our best efforts could never clear these mines as fast as they plant more.

    Yes and no. You can't litigate 100,000 patents, but challenging just a few from time to time could have a massive deterrent effect. It costs a little to file a patent; it costs a lot to go to court over one. One of the key problems with the present system is that it costs too little to file frivolous patents.

  6. It's actually even easier. by Anonymous Coward · · Score: 1, Insightful

    Shoot your local politicians and establish anarchy.

    What, I'm just pointing out the easier option;)

    1. Re:It's actually even easier. by pivo · · Score: 1

      Isn't establishing an anarchy an oxymoron?

    2. Re:It's actually even easier. by Anonymous Coward · · Score: 0

      anarchy is the absence of orders, not the absence of order.
      Think relational db, where every tuple has equal standing, versus hierarchical db. It's AN-ARCHY - absence of rule, not chaos.

    3. Re:It's actually even easier. by Mr.+Slippery · · Score: 1
      Shoot your local politicians and establish anarchy.

      If only it were that easy.

      If every politician, every vestage of the state, disappeared overnight, what would your neighbors do? Either they'd all get together and elect new a new, somewhat representative, government right away; or the biggest, baddest, best-armed among them (or someone clever enough to get the biggest, baddest, etcetera, to work for them) would take over and rule warlord-style.

      Anarchy is unstable, because right now human beings aren't ready for it.

      As Kerry Thornley put it in Zenarchy, "Universal Enlightenment a prerequisite to abolition of the State, after which the State will inevitably vanish. Or - that failing - nobody will give a damn."

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  7. Obscure Gauntlet video-game reference by deputydink · · Score: 3, Funny
    To make a part of the castle safe, you've got to do more than kill the monsters as they appear -- you have to wipe out the generator that produces them.



    LOL... See, this is the kind of weird shit that stallman says that makes people outside the tech industry go:
    "What the fuck is that guy talking about?".

    1. Re:Obscure Gauntlet video-game reference by tdvaughan · · Score: 1

      Since he's addressing members of the tech industry, this analogy was completely appropriate. And when it comes to addressing people outside the IT field RMS is usually very understandable, if a little pedantic. But then you'd expect that from someone with beliefs held as strongly as he holds his.

    2. Re:Obscure Gauntlet video-game reference by aysa · · Score: 0

      I think the problems is yours for being too much
      into video games. It is a very clear and bright
      analogy that any non techie will get. Your wird
      video games are the ones making reference to fary
      taless, not the other way around.

      Once RMS says something most mortals will understand
      and you mod parent up?

    3. Re:Obscure Gauntlet video-game reference by Anonymous Coward · · Score: 1, Funny

      problems
      yours
      wird
      fare
      taless

      Aieeee! My spell-o-meter asplode!

    4. Re:Obscure Gauntlet video-game reference by Anonymous Coward · · Score: 0, Insightful

      I thought he was talking about the Cathedral vs the Bizzare; where he's mistakenly wrote Castle for Cathedral. To make the Cathedral-style companies safe, you have to do more than kill Linux and the other open source monsters - you have to take out the people who develop them.

    5. Re:Obscure Gauntlet video-game reference by Anonymous Coward · · Score: 0, Troll

      RMS needs food...badly!

    6. Re:Obscure Gauntlet video-game reference by Alsee · · Score: 1

      RMS needs food...badly!

      [rat-bastard]
      Oh, did you need that? Snicker, snicker, snicker.
      [/rat-bastard]

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  8. Geek Analogy by Anonymous Coward · · Score: 5, Funny

    To make a part of the castle safe, you've got to do more than kill the monsters as they appear -- you have to wipe out the generator that produces them.

    But you'd get a lot more experience points if you leave the generator running and ambush the monsters one-by-one as they emerge.

    And this Stallman guy thinks he's a geek. Sheesh!

    1. Re:Geek Analogy by Cryogenes · · Score: 1

      That depends on the game. In Diablo II, for example, generated or resurrected monsters do not give experience.

    2. Re:Geek Analogy by rts008 · · Score: 1

      Besides, how would you level up without getting the experience points? Where's your sense of adventure, folks?

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    3. Re:Geek Analogy by legirons · · Score: 1

      "But you'd get a lot more experience points if you leave the generator running and ambush the monsters one-by-one as they emerge. And this Stallman guy thinks he's a geek. Sheesh!"

      Maybe RMS has already got the experience points?

  9. Software patents by Lank · · Score: 3, Insightful

    are what happens when our legislators make laws about things they know nothing about. It seems utterly ridiculous to me that someone could claim that, without a doubt, they are the first person to have come up with a certain algorithm. I mean, only brilliant people actually come up with anything that's worth patenting, yet somehow some lines of code, a for loop or some such stupid thing, ends up getting patented which sums up ranges of numbers. It's beyond me why any software patent exists unless it is a truly outstanding piece of work (i.e. cryptography algorithms, non-obvious sorting algorithms, etc).

    --
    Gotta get me one of these!
    1. Re:Software patents by Halo1 · · Score: 5, Interesting
      are what happens when our legislators make laws about things they know nothing about
      Actually, in the US they are what happened because the legislators did not make any laws about them. Their introduction happened entirely through case law, i.e. court decisions.
      a for loop or some such stupid thing, ends up getting patented which sums up ranges of numbers.
      Pretty much all software patents are about summing up ranges of numbers. After all, all a computer can do is mathematics, and you can present any mathematical function as a transformation of one bunch of numbers to another bunch of numbers.

      Some guy even proved using lambda calculus that because of this property, several assumptions about the patent system are in contradiction with each other when applied to computer programs.

      --
      Donate free food here
  10. Try and patent the Turing machine by danpat · · Score: 4, Interesting
    Perhaps this would solve the problem once and for all. I see two outcomes:
    1. The patent is accepted and you can invalidate all patents that follow (as they cover ground your patent now owns). No more software patents!
    2. The patent is rejected because of prior art. Subsequently, all software patents that follow that piece of prior art should also be invalidated. No more software patents!
    The only thing you have to prove is that your patent for the turing machine describes all other possible software patents....
    1. Re:Try and patent the Turing machine by Anonymous Coward · · Score: 4, Interesting
      This isn't that insightful. We examiners already know that "a computer" reads on every software patent.

      The problem is that the attorneys and appeals courts couldn't give a rat's ass about that fact. If you look at first-attempt applications, you'll find claims for the very same limitations for stuff like "a computer with computer readable medium, said medium comprising executable instructions to perform a method comprising:" and "a data signal embodied in a carrier wave, said data signal initiating a computing device to execut a method comprising:" and similar bullshit.

      The examiners issue patents according to the existing law and previously decided court cases with the idea that having their work dragged through the appeals courts is a Bad Thing. If you don't like software patents, you'll have to fight it out between the attorneys and the appeals courts. The examiners are just trying to do their job the "right" way, and the "right" way is decided by judges who don't know why solving one NP-Complete problem in polynomial time would by historic.

    2. Re:Try and patent the Turing machine by Anonymous Coward · · Score: 1, Insightful
      The examiners issue patents according to the existing law and previously decided court cases with the idea that having their work dragged through the appeals courts is a Bad Thing

      Then what is the point of having patent examiners? If you are going to leave it to the courts to decide if a claim has merit, there is not point in having someone pronounce on its validity beforehand.

      Judges should not need to know the technical details. They should be able to rely on qualified examiners to do that bit of the work, leaving them to sort out legal arguments between opposing parties.

    3. Re:Try and patent the Turing machine by Anonymous Coward · · Score: 2, Informative
      Then what is the point of having patent examiners? If you are going to leave it to the courts to decide if a claim has merit, there is not point in having someone pronounce on its validity beforehand.

      I really don't know wtf you're trying to say. Because many hundreds of thousands of applications are defeated by the examiners. I don't even know if we're speaking to the same subject...

      Judges should not need to know the technical details. They should be able to rely on qualified examiners to do that bit of the work, leaving them to sort out legal arguments between opposing parties.

      I'm going to presume from this that you're unfamiliar with how the appeals process works. On one side, you have an examiner who already believes that the application is retarded and is granted less than half a work day to compile a 25-75 page paper explaining so with as much detail as possible. On the other side, you potentially have a team of attorneys who are eager to take advantage of the fact that the judge doesn't know an "addressable register" from an "on-die flip-flop circuit".

      If you don't want judges who know the technical details, that's fine with me - just don't complain about silly patents issued after appeals. The fact that it went to appeals means that the examiner does not believe it merits a patent. Unfortunately, more often than not, appeals are used to weasle a patent out of the law, not to prove the invention deserves a patent for being innovative.

    4. Re:Try and patent the Turing machine by Anonymous Coward · · Score: 0

      Umm, I think what the other poster was trying to say is basically if the final say comes down to if you can afford fancy enough lawyers to convince a judge why not just dispense with the whole examiner dog and poney show and just get real.

      If you have expensive enough lawyers your patent is valid, if not it isn't.

    5. Re:Try and patent the Turing machine by dmaxwell · · Score: 2, Interesting

      I really don't know wtf you're trying to say. Because many hundreds of thousands of applications are defeated by the examiners. I don't even know if we're speaking to the same subject...

      One-click (cough!) One-click (cough! cough!) Tab key surfing (hack! wheeze!) Double clicking on a portable device (retch! spitooey!)

      For every bullshit application that gets defeated, 100 more slip through. Since you claim to be a bonafide software patent examiner, let me ask the $100 dollar question: WTF are you people smoking and where can I get some of it because it must be really freaking good?

    6. Re:Try and patent the Turing machine by Mixel · · Score: 1

      2. The patent is rejected because of prior art. Subsequently, all software patents that follow that piece of prior art should also be invalidated. No more software patents!

      And here's the prior art :)

    7. Re:Try and patent the Turing machine by Anonymous Coward · · Score: 0
      For every bullshit application that gets defeated, 100 more slip through. Since you claim to be a bonafide software patent examiner, let me ask the $100 dollar question: WTF are you people smoking and where can I get some of it because it must be really freaking good?

      Read this carefully. Examiners reject patents for ideas like one-click by the thousands. If one of them makes it to the board of appeals and the rejection is overturned, then the patent is issued regardless of what the examiner thinks. What are the examiners smoking? I don't know, but if you find out what the appeals board smokes, get some of that shit.

  11. Nothing to see here by Anonymous Coward · · Score: 2, Insightful

    Nothing this brief note says is unique to software. Stallman might as well be arguing that any time you design a machine, you might infringe someone's mechanical patent without knowing.

    The patent system didn't cause the collapse of the entire Industrial Revolution due to patent infringement, so it seems more than a bit like crying wolf to assume it will be any more harmful with software.

    Other than that point, the article is empty of content other than "Software patents are bad; we must have zero of them". No useful tips on how to go about achieving that goal, as the summary promises.

    1. Re:Nothing to see here by flossie · · Score: 5, Insightful
      Nothing this brief note says is unique to software. Stallman might as well be arguing that any time you design a machine, you might infringe someone's mechanical patent without knowing.

      There is, however, a very great difference between designing and building a car and writing software. Designing a car requires some fairly expensive machinary and requires a lot of legal hoop-jumping to get it certified as safe. It is very expensive for companies to launch a new range of cars and the patent costs are relatively small in comparison to some of the more capital intensive parts of the project.

      With software, there is currently no such barrier to entry. Software can be, and is, written by hobbyists and very small companies as well as the software giants. The introduction of software patents would effectively remove the ability of some of the most innovative workers to compete.

    2. Re:Nothing to see here by belmolis · · Score: 5, Insightful

      While RMS isn't very explicit about it in the Newsforge piece, one distinction between software patents and mechanical patents to which he alludes is that, arguably, a piece of software of any complexity is likely to involve many more potentially patentable components than a comparable mechanical device. To the extent this is true, it means that it is much more difficult to know when one is infringing a patent when writing software and that it would be much more difficult to set up a system for paying royalties.

      It's true that patents don't seem to have prevented the Industrial Revolution, but there may be some critical differences. One is that, it seems to me, patents didn't come to be widely used until a great many fundamentals were already in the public domain. That meant that everybody had a large base of ideas that they were free to work with. Where very basic ideas were patented, those patents did indeed pose a danger to progress. An example is the AT&T patent on the transistor, which the US government forced AT&T effectively to give up precisely because it was such a basic thing that it would have given AT&T a stranglehold on the semiconductor industry.

      The other factor is that for much of the Industrial Revolution there were generally fairly large costs and/or specialized skills needed to implement a new idea, and the means of communication were relatively slow. As a result, the duration of a patent was relatively short in comparison to the time needed for ideas to diffuse. In contrast, implementing a new idea in software costs very little and requires no skills beyond those of the average programmer, and communication is very fast. As a result, people can adopt a new idea very quickly. The time for ideas to diffuse is small in relationship to the duration of patent, so patents become a bottleneck.

      If this latter idea is correct, it means that the problems with software patents should arise in other areas in which costs of adoption are low and communication rapid. I wonder if genetic technology is not coming to be similar to software in this respect.

    3. Re:Nothing to see here by Anonymous Coward · · Score: 5, Interesting

      The patent system didn't cause the collapse of the entire Industrial Revolution due to patent infringement

      But it may have concentrated power into the hands of very few and slowed it down, and changed its direction to favour the interests of the establishment of the time.

      As a mechanical engineer, I detest all patents, not just software ones. You wouldn't _believe_ the stuff engineers aren't allowed to do because of patents, particularly sealed patents (patents that have been indefinitely extended and simultaneously removed in whole or in part from public records for reasons of "national security" - (i.e. corporate cronies requested it) This is intensely irritating - the patent still applies, so you can still be stopped from creating whatever it is you have rediscovered, but unlike with an ordinary patent, you don't know when/if it'll expire (typically when a citizen in another country independently reinvents it and _doesn't_ also keep it secret), and because there's little public record, people think you're being paranoid if you try to fight it.)

    4. Re:Nothing to see here by Waffle+Iron · · Score: 3, Insightful
      Nothing this brief note says is unique to software.

      Except that every time he mentions the word "patent", it is either specified as "software patent", or used in a context that could only mean "software patent".

      The patent system didn't cause the collapse of the entire Industrial Revolution due to patent infringement, so it seems more than a bit like crying wolf to assume it will be any more harmful with software.

      During much of the Industrial Revolution, there were most likely no more that a few dozen patents per year issued that could potentially affect any particular product. It took over a century to issue the first 1 million patents.

      Since software patents are typically very broad, overlapping and non-novel, each one can have a much larger impact than some patent on an improved shoelace. For the shoelace, only a handful of shoe designers have to worry about the patent. In the software case, every single one of the millions of software developers worldwide have to worry.

      If RMS's figure is right and 100,000 software patents issue each year, and you assume that a typical patent has about 10 claims, then each and every day you need to check your entire codebase against more than 2700 additional new claims. That's an incredible burden on the software industry; one that has not been proven to be offset by any gains provided by software patents. The worth of software patents is especially questionable given that most of the major innovations in the software field took place either before software patents were allowed or were introduced as free public standards.

    5. Re:Nothing to see here by Anonymous Coward · · Score: 2, Informative

      Your terminology is wrong or confusing: Actually, a "sealed patent" means the letter granting the monopoly was marked with official stamp [i.e. sealed] as an open [i.e. patent] letter. The final step in getting a patent is often called "sealing" it.

      Nonetheless, you are RIGHT, such hidden pseudopatents do exist - words like "secretized" and "classified" and "patent" will throw up many google hits, and many conspiracy theorists and free energy nuts acting very, very paranoid.

      Usually the secrecy is imposed when the patent is filed and lasts until the patent is granted. Normal businesses generally want their patent granted as soon as possible after filing - but have a look some time at the defense forces - they sometimes act to extend the period between filing and granting for a _Very_ long time. Note that while the patent is filed but not granted (i.e. "pat. pending.", they can easily obtain an injunction to prevent you making whatever it is you want to make.

      This is of course purely for National Security. Ahem.

      The moral of the story is: if your invention challenges the hegemony of the powers that be, _don't_ seek a patent for it...

    6. Re:Nothing to see here by Anonymous Coward · · Score: 0

      Most of the fundamental patents on cars expired long ago. And the patent office hasn't been busy granting a bunch of bogus car patents.

      The wave of patents in software is recent enough that you cannot write a nontrivial program without running afoul of one patent or another. Many of the patents are on their face silly, obvious, or both, yet they were granted.

      One way I'd like to see the damage of patents minimised would be to simply set the duration of the patent at only five years. They would probably have to let the existing patents stand for the remaining life of the patent, or five years, whichever is less; it would be more disruptive to say "and any patent over five years old is immediately expired."

    7. Re:Nothing to see here by torokun · · Score: 1, Insightful

      I agree.

      Not to mention, RMS suggests that one must constantly search one's software for potential infringements. Does anyone really think this is how reality works??

      You write your software, and if you find out something significant you're using is probably patented, you check it out and avoid it. If you don't know of anything, you just do it. When someone notifies you of infringement, you check it out, and decide whether you want to avoid it, go to court, or license the patent.

      There are so many inaccurate assumptions about patents here. How many of you know that almost all patents are rejected the first time? How many of you know that patents require periodic maintenance fees to keep, and something like 70% of patent holders let their patents expire before the full term is up? And how many know that most patent firms provide pro bono services to inventors, authors, and composers on a regular basis?

      The ONLY argument against software patents that I consider serious is the economic argument that individual inventors or writers of free software don't have the funds to patent their works, or don't have the funds to fight patent infringement suits. Basically, that patents and patent litigation are too expensive to allow free software to properly flourish. If this is true, it's a problem, but I see many arguments against it, and disallowing software patents is not a solution to me...

      First, consider the litigation issue. I would argue that first, if an individual coder or a free software project is threatened with litigation, he or it can simply avoid the patent. Yes. Do it _another_way_. It may not be the best way, but then again, he didn't think of it first, did he?? He can go ahead and use it when the patent expires.

      And don't whine that it's impossible to work around a patent like that. If you were really sharp, you'd develop an improvement on the patent in question, file a provisional application on it, and go cross-license with the original patent holder. But otherwise, just do it the old way. You can always use the prior art. If you can't achieve what you want with the prior art, well, there must be quite a bit of value in the patent, mustn't there?

      You see, patents are about making money from an invention. Most coders simply don't care about money, so they get shafted day after day, year after year. How many of you can honestly tell me that you don't know of a friend or colleague who has been taken advantage of by his company? Coders, hackers, et al., don't care about money. But they still need it. Patents are a way that they can actually interest the people who do care about money in their inventions, and avoid being shafted.

      I see much of the opposition to software patents in this community as a direct result of hackers' innate disinterest in and distrust of money, and their innate tendency to get themselves shafted.

      My other point, about the cost of getting patents, needs to be addressed, but there has to be some cost, and a lot of work goes into a patent. An inventor has to make a decision and take a risk. It's the same as any other speculative endeavor. Real estate, business, it's all the same. The PTO should work to reduce fees and streamline the process (and they are), and lots of organizations are pushing the PTO to improve. Hackers like to do their own thing and avoid thinking about practicalities, but there are a lot of practicalities when it comes to an agency like the PTO, and things don't move quickly. Things have gotten a lot better and they'll get better yet. That's how it works, and just because it's slow doesn't mean it should be scrapped. For those of you looking for work, think about becoming an examiner and helping them with a thankless job.

      In the end, you have to think about it with a larger perspective. How many things are going to be done with software that used to be done with machines? Should an invention that would have been made of wood and iron in Da Vinci's day be unpatentable

    8. Re:Nothing to see here by westlake · · Score: 1
      With software, there is currently no such barrier to entry. Software can be, and is, written by hobbyists and very small companies as well as the software giants.

      but Mozilla isn't hobbyist in it's origin or financing. you could argue with some truth that none of the marquee, brand-name, open source projects really fit that model.

    9. Re:Nothing to see here by LordLucless · · Score: 1

      Yes, and the costs of those patents are absorbed as part of the total cost of the car. The cheapest new car I see is around $16,000AUD. How much exactly are you willing to pay for your software?

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    10. Re:Nothing to see here by Wolfbone · · Score: 4, Insightful
      Patents have never before been applied to works that are immediate realisations of pencil and paper work and that don't have to take into account the realities of the physical world. If machines and other artefacts could be built like programmes can, the world would look very strange, elaborate and exotic today - probably quite beautiful - unless in the Industrial Revolution of this parallel world, patents had taken hold - then it would probably look more like Basingstoke, Croydon or Slough. ;-)

      It seems to me there is a freedom in programming that is like the freedom in art and that arises from the fact that the full range of abstract mathematics is available to the programmer, rather than just that which will work in the real world and because there is an immediacy of implementation and an intimacy between idea and expression like that which there is between composer and piano keyboard. Software patents are generally directed toward the utilitarian aspects of programming - it's fundamental techniques and ideas, yet strangely it is obvious to everyone that such kinds of patents if applied to literature or cinematography or music would have only a detrimental effect.

      It is interesting to wonder if one day artists (or publishers of art) might foolishly decide to embark on a patent land grab as is occurring in the software world. If you think that is not possible because of the technicity/usefulness requirements of patents, consider the Pollock techniques of splatter painting at a certain constant average fractal dimension, or the Da Vinci low frequency technique of causing a sense of elusivity and enigma. (Check out Semir Zeki's book; "Inner Vision: An Exploration of Art and the Brain" and much other work on the science of perception). Recent work in analysis of music too has resulted in (among other things) researchers claiming to have found techniques for generating 'hit songs' automatically. It can only be a matter of time before one cannot engage in any activity at all without infringing someone else's exclusive right to use the techniques associated with it. :)

    11. Re:Nothing to see here by mrchaotica · · Score: 1

      What, so you want to only allow "brand-name" projects? Do you think the Linux kernel was "brand-name" in 1995? Besides, why should I in principle be disallowed from writing and distributing my own software just because it's "not important"?!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    12. Re:Nothing to see here by Halo1 · · Score: 2, Informative
      Patents have never before been applied to works that are immediate realisations of pencil and paper work
      The European Patent Office wants to change that. From page 16 of this recent decision of the Board of Appeal of the EPO):
      The Board is aware that its comparatively broad interpretation of the term "invention" in Article 52(1) EPC will include activities which are so familiar that their technical character tends to be overlooked, such as the act of writing using pen and paper.
      Anyone wants to bet how long it'll still take until they start granting patents for pen and paper-implemented inventions?
      --
      Donate free food here
    13. Re:Nothing to see here by Sipos · · Score: 1

      These secrete patents are not the only reason to oppose patents. Almost all the arguments against software patents apply to all patents. The main reason they are not opposed so strongly is because most people have always assumed that patents are a good thing and that there is a case for arguing that people should be able to own ideas just because they are the first to announce them. There are numerous economic arguments against all patents with are often not applied to software patents simply because people fear looking like a nut case because they opposes patents in general. I think there was a recent article posted on Slashdot about intellectual property (including patents) while I am unsure if I agree with extending this opposition to copyright (i.e. making copyright non-existent and thus making copyleft unnecessary) I think it makes many of the points against patents well. The greatest argument against them to me seems to be that they are unnecessary. There have been numerous inventions that have been developed in order to receive royalties from patents but in the absence of patents they would still have been developed to receive more market share by implementing them first in products. Without patents a greater pace of innovation is encouraged because patents grant income from having had a good idea where as a market where ideas are free the income comes from products that are superior because they incorporate new idea that their designers have just had and that have not been copied yet. A continual stream of good ideas is needed to stay on top and so more research staff are needed and more new ideas are available to society.

    14. Re:Nothing to see here by Anonymous Coward · · Score: 0
      Nothing this brief note says is unique to software. Stallman might as well be arguing that any time you design a machine, you might infringe someone's mechanical patent without knowing.

      You're wrong, software is protected under the Berne convention as a literary work. Software publishers and development houses are uniquely restricted by patents because we don't have patents on books, music or films or other copyrighted works.

    15. Re:Nothing to see here by Halo1 · · Score: 1

      Not to mention, RMS suggests that one must constantly search one's software for potential infringements. Does anyone really think this is how reality works??

      No, and I'm quite sure RMS is aware of that as well. The reason it's not how reality works, is that it's completely unfeasible to do so. Large companies count on their defensive patent portfolio to be able to get a cross licensing deal should they get notified of infringing someone else's patent, and small companies count on not being noticed. After all, if you check whether you infringe patents, you may even be convicted to pay treble damages in court because of willful infringement.

      The fact that this kind of ostrich strategy is the only feasible one, is one of the signs that the system is not working.

      When someone notifies you of infringement, you check it out, and decide whether you want to avoid it, go to court, or license the patent

      An average court case to invalidate an invalid patent costs US$ 1,500,000 to US$ 2,000,000. Many small companies can't "decide" to go that way. Avoiding is also often quite difficult, since many software patents are basically patents on the simple fact that you do something (selling via the internet, distributing video data over a network, ...), with very little if any details on how. In general, you don't have to reverse-engineer a program to check whether or not it infringes on a software patent. The Stac vs MS case is the exception to this rule.

      Licensing is often the only really viable option to small companies.

      The ONLY argument against software patents that I consider serious is the economic argument that individual inventors or writers of free software don't have the funds to patent their works

      That's indeed the main argument, and given that patent law is a purely economical law, I don't see how it can be discarded.

      Basically, that patents and patent litigation are too expensive to allow free software to properly flourish. If this is true, it's a problem, but I see many arguments against it,

      Then I would suggest you to check this out.

      and disallowing software patents is not a solution to me

      Why not?

      It may not be the best way, but then again, he didn't think of it first, did he??

      So? There is no inherent exclusive moral right to something you thought of first. That's the big difference between patents and copyright. The latter also recognises a natural moral right of a creator to his creation, the former doesn't. It's pure economics. Have a look at this presentation by a law scholar who wrote a study on software patents for the JURI Committee of the European Parliament.

      You see, patents are about making money from an invention. Most coders simply don't care about money, so they get shafted day after day, year after year.

      And spending several man years on developing a program, trying to sell it and then being prohibited from doing that because apparently you infringe some software patent is not getting shafted?

      One man's protection is another man's limitation. You're shortsighted if you only look at the chances that you might win the patent lottery, and consider the downsides of the resulting monopolies as irrelevant and per definition less harmful than the positive effects of the patent system in a particular sector.

      It's the same as any other speculative endeavor. Real estate, business, it's all the same.

      The software patent system indeed has become some kind of gambling market. Some businesses have even optimised their business model to it, such as EOLAS

      --
      Donate free food here
    16. Re:Nothing to see here by westlake · · Score: 1
      What, so you want to only allow "brand-name" projects? Do you think the Linux kernel was "brand-name" in 1995? Besides, why should I in principle be disallowed from writing and distributing my own software just because it's "not important"?!

      There are serious barriers to entry if you intend to compete with the big boys and the hobbyist model is something of a myth. But even the smallest of projects can be starved for talent and resources.

    17. Re:Nothing to see here by mrchaotica · · Score: 1

      That's irrelevant. What you said before was that I should be legally barred from programming just because my project is small!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    18. Re:Nothing to see here by jonbryce · · Score: 1

      Konqueror is.

      And more importantly, most of the more innovative projects for distributing information - Napster, Kazaa, EDonkey/EMule, Freenet, Gnutella and so on are.

    19. Re:Nothing to see here by jonbryce · · Score: 1

      Another important point is that the development lifecylce in software is so much shorter than for mechanical devices.

      If you go back to the late 1970s, mechanical devices haven't changed that much, other than for the fact a lot of them now have computer built into them.

      Look at computers on the other hand, and you are back in an era where MS DOS, the GNU project, the personal computer, the GUI and pretty much everything we take for granted these days, didn't exist.

    20. Re:Nothing to see here by westlake · · Score: 1
      That's irrelevant. What you said before was that I should be legally barred from programming just because my project is small!

      I said nothing of the sort, what I said was that driving any project to completion is difficult. For a reality check, you might usefully take a look at the SourceForge projects that have remained perpetually in alpha.

    21. Re:Nothing to see here by westlake · · Score: 1

      but Konqueror does not have the financial resources of the Moz foundation and it's market share is statistically insignificant. last I heard, both Napster and Kazaa were blatantly commercial enterprises, and not the work of hobbyists.

    22. Re:Nothing to see here by mrchaotica · · Score: 1
      So what? That's not what the article (or the person you were originally responding to) was talking about! Here's what you were responding to:
      With software, there is currently no such barrier to entry. Software can be, and is, written by hobbyists and very small companies as well as the software giants. The introduction of software patents would effectively remove the ability of some of the most innovative workers to compete.
      You then use the argument that "none of the marquee, brand-name, open source projects really fit that model" to refute that, by saying that the hobbyists and very small companies are not important. My point is this: even "unimportant" hobbyists and very small companies deserve protection, in the same way that even the bum on the street corner deserves a lawyer if he gets arrested. You can't just ignore people's rights just because they're small!

      Incidentally, I don't appreciate your attempts to argue by distraction!
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    23. Re:Nothing to see here by elegie · · Score: 1

      Consider software produced by individuals in such forms as shareware, freeware, or even "postcardware" or "beerware." For filling in gaps, or for individuals who do not require a written manual, etc., such software can be very useful. Users can contact the author directly for support. The cost, if any is much lower. There is less incentive for feature bloat (ads for commercial software often do feature-based comparisons which provide an incentive for excessive features.) Software from individuals does not just consist of game-type software but also includes such things as utilities designed to combat malicious software. Even young kids can produce software, possibly for future experience or for their own enjoyment. Likely, there are cases where a commercial software product initially started out as shareware or freeware produced by an individual.

  12. Patent Generators by yintercept · · Score: 5, Insightful

    The fact that the patent generation is separate from invention and discovery is one of the main things that will destroy the machine. Personally, I think the solution to the patent process is not to stage a revolution against property rights but to continue to drive the issue that the system for issuing titles for intellectual property is out of kilter.

    Fighting and pointing out the absurdities of patent abuse are a very good first step.

    BTW, I suspect the typical car has more than 300 patents involved in its creation and manufacture. However, the shear number of patents developers face is a good method to show the problems faced by small businesses...as it is next to impossible to design any idea without touching on a patent of some sort.

    1. Re:Patent Generators by Alsee · · Score: 2, Insightful

      I think the solution to the patent process is not to stage a revolution against property rights

      Congratulations on defending "property rights" for mental processes.

      The "revolution" here is not in opposing software patents. The "revolution" was when the dumb-ass US reversed it's own proper and well established rules and violated well established global patent rules to extend patents to software in the 80's. Virtually every patent law in the world has/had rules prohibiting patents on math and thought processes. Prior to abandoning the Mental Steps Doctrine the US patent office catagorically, consistantly, and properly ruled that software was not an invention and was never patentable.

      Physical objects can be inventions. Pysical processes can be inventions. All software is in fact a math function. Math is not and cannot be an invention. Software does not require a computer - any software can (slowly) be executed through pure thought. A sequence of pure thought is not and cannot be an invention.

      Lets say I select some convient software patent and actually preform a demonstration executing that algorithm mentally. I defy you to either explain how thoughts can be prohibited by law and infringing, or to explain how that non-infringing non-patentable non-invention magically becomes a patentable invention if I take the blindingly obvious step of using an ordinary computer merely to speed up that exact same calculation.

      If you cannot explain at least one of those two things then you have absolutely way to claim any validity for software patents. If preforming the software mentally cannot be a patentable invention, and the obvious step of speeding it up with ordinary computer does not make it an invention, then no software is a patentable invention.

      You own the copyright on software and you own the patent on an invention. There's nothing "anti-property" about that. I'm simply saying software is not an invention. There is no overlap, therw is never any double coverage.

      The US screwed up when it reversed its patent rules. Not only is patenting software fundamentally broken, not only is patenting software harmful, but if software patents start getting enforced to any non-trivial extent the US will suffer an economic disaster. Not only will software development flee the country (likely to the EU), but all sorts of foriegn industries will outcompete and crush US industries because huge quantities of useful or even critical software will be infringing and prohibited in the US.

      -

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

      You are right that trying to morph a patent process designed to protect physical designs is flawed...for that matter it is entirely contrary to the original intent of the patent process.

      The original intent of the patent process was to give protection to physical inventions so that scientists would be more willing to advance science by making the core science behind their work known.

      In the current age we find ourselve's faced with a different set of problems. There is a desire to make significant investments in computer infrastructure and there needs to be some way to protect that investment.

      All software is in fact a math function. Math is not and cannot be an invention.

      I must have missed the press release that logic is a subset of math. For that matter the work Frege, Hilbert, Russell, Cantor et al was to reduce math to logic.

      If you are a Platonist, then math is the secret truth that you find when you crawl out of the cave. For the rest of us, math appears to be as much of an invention as anything else. Look at the complex mathematical models people make. They are clearly the creation of man. You remember Kronecker spouting "God created the integers, everything else is the creation of man."

      The motivation of most university mathematicians has been to get things published and to receive acclaim. That is, their salary is paid for by students and governments.

      As for altruism...professors love being altruistic with other people's money. Again, look at the history of math and you find that it is filled with people who are extremely jealous of their work. Step on a professor's turf or publish a paper that is just a tad too similar to that lovable gruffy professor and you will find yourself under attack like you never knew.

      Professors are as jealous as everyone else. However, since they were seeking publication in print media, copyright laws seemed sufficient sufficient.

      There are now new media. Did you know that computers didn't exist a short while ago. I, mean, seriously. They did not exist.

      They are totally different from print media and physical things. It will take several generations to figure out just what these things are and how they fit in society.

      With companies wanting to make big investments in their IT infrastructure, there does need to be some established rights to what they create.

      If there are no rights for what I create, then the only way I can establish equity in my work would be to load it with obfuscations so that no-one can figure out the tricks in my software code.

      For that matter, OSS depends on property rights. People are more willing to share their source code when there is a sense that there is some protection for the investment in that code.

      I agree that you should not be able to own mental processes. What goes on inside a computer is not a mental process. I doubt that you've read even a full percent of the code that is currently running in your machine's computer.

      We have new stuff. It is different from the old stuff and the laws aren't working.

      Lets say I select some convient software patent and actually preform a demonstration executing that algorithm mentally.

      You said in your post that processes could be patented. For that matter, you can say anything is a mental process. Nexium really is just a flipping recipe... a mental process. The little purple pills are just a manifestation of the process.

    3. Re:Patent Generators by Alsee · · Score: 1

      you can say anything is a mental process.

      No. No matter how much you imagine running the recipe for Nexium you will never produce a single molecule of Nexium. No matter how much you imagine running a cotton gin you will never gin a single peice of cotton. Those are inherently physical processes that produce a fundamentally physical results.

      On the other hand you can in fact mentally run (for example)the LZW compression patent and in fact produce the compressed result. It is a fundamentally mental process to produce a fundamentally non-physical result. It is nothing but an interesting math equation turning one set of numbers into another set of numbers. You cannot patent a math equation and you cannot patent thinking out that calculation.

      You said in your post that processes could be patented.

      No, I said physical processes.
      Prior to the US reversal in the 80's, the US patent office and US courts properly and consistantly rejected software patents, often citing the Mental Process Doctrine. Countries all across the globe also properly and consistantly refused software patents on equivalent grounds.

      The US screwed the pooch in violating global patent standards and violating our own patent rules rejecting patents on math/mental steps/software.

      I doubt that you've read even a full percent of the code that is currently running in your machine's computer.

      Either software patents are valid or they are not. If software patent X which would take 5 minutes to run mentally is invalid, then software patent Y which would take a million years to run mentally is also invalid.

      I asked whether in fact preforming a patent mentally could violate the law and infringe a patent. At one point you said "I agree that you should not be able to own mental processes", so I'm expecting your answer is no, a mere sequence of thoughts cannot violate the law, cannot be an infringment. To claim patent law (or any law) can restrict thoughts is absurd.

      So merely "preforming the patent" cannot be a valid patent because that would cover preforming it mentally. The apparent fix is to claim that the patent claim is actually "preforming the patent on a computer". So part two of the question is how it magically becomes a patentable invention to take the blazingly obvious step of using an ordinary computer merely to speed up the exact same calculations I mentally did before.

      To defend software patents you either need to claim thinking can violate a patent or you need to explain how you can get a valid patent on an obvious way to speed up a non-patentable non-invention.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  13. Re:in case it gets slashdotted by Bombcar · · Score: 2, Funny

    You bastard! Copying copyrighted works into Slashdot! Have you no shame! Look it says:

    Copyright 2004 Richard Stallman.

    Fool.

    Hmmm.... wait..... Verbatim copying and distribution of this entire article are permitted worldwide without royalty in any medium provided this notice is preserved.

    Uh, hmm..... er.... cannot comprehend this use of copyright...

    [corporate head explodes]

  14. Google to the rescue by Lank · · Score: 3, Informative

    All this talk about software patents made me do a little digging, and I found a (pretty good) site relating to them:
    http://www.bitlaw.com/software-patent/

    --
    Gotta get me one of these!
  15. Ask the USPTO by Anonymous Coward · · Score: 5, Interesting
    There are no shortage of examiners who think patenting software is a bad idea. The problem is that examiners do not have the final say in what is or is not granted a patent.

    All patent attorneys know that they can take an application to the board of appeals (or higher) if they want to bother. The only reason they wouldn't is if the examiner builds an airtight case that convinces the attorney that it would be a waste of his time to try. The attorneys know that the people who sit on the board of appeals are patent law experts but not software experts.

    If you want to stop software patents, you need to lay off the examiners (they agree with half the stuff said on Slashdot and the other half isn't even close to accurate) and focus on the patent attorneys and the appeal process. Any examiner who has been at the USPTO has issued patents for ideas they believe they have rejected but the board doesn't agree that "simultaneous" means the same thing as "doing two things at once" or some garbage like that. So the patent gets issued and from a legal standpoint, it's a perfectly valid patent. The examiner hates to do it, but the examiner doesn't have a choice.

    If you want to fix software patents, focus on the attorneys and the appeal process. The examiners are just trying to do their job without being burnt out by the moronic arguments they deal with on a daily basis.

    1. Re:Ask the USPTO by Anonymous Coward · · Score: 2, Funny
      If you want to stop software patents, you need to lay off the examiners

      I do not think it means what you think it means. :)

    2. Re:Ask the USPTO by Anonymous Coward · · Score: 0
      I'm the original poster, and I say, "Ha ha, you're right."

      Let's replace "lay off the examiners" with "give the examiners a break"

    3. Re:Ask the USPTO by Anonymous Coward · · Score: 0
      Let's replace "lay off the examiners" with "give the examiners a break"

      Certainly. Which bone first?

    4. Re:Ask the USPTO by Anonymous Coward · · Score: 0
      There are no shortage of examiners who think patenting software is a bad idea. The problem is that examiners do not have the final say in what is or is not granted a patent.

      All patent attorneys know that they can take an application to the board of appeals (or higher) if they want to bother. The only reason they wouldn't is if the examiner builds an airtight case that convinces the attorney that it would be a waste of his time to try. The attorneys know that the people who sit on the board of appeals are patent law experts but not software experts.

      You see, that is the supposed 'problem'. Patent rights are a matter of law. Patent attorneys and (many of) the members of the Board of Patent Appeals and Interferences are lawyers ... most patent examiner's are not. While the examiners may understand the technology better than attorneys or the BPAI, and come to their own conclusions of technological 'obviousness', they generally don't fully understand the law and the legal standard of 'obviousness'. And the law is what counts.

      The only way to change the status quo is to change the law itself.

    5. Re:Ask the USPTO by bit01 · · Score: 1

      Sorry, but I don't buy it. The "I'm only following orders" or "I'm only doing my job" arguments went out years ago.

      Either the examiners are taking advantage of the system and are as culpable as everybody else in the patent office or they're not, and they've resigned and/or are publically and continuously trying to get the system fixed, both from within the patent office and in public forums including congress. If the attitudes you describe are as common as you suggest why don't you, assuming you're a patent examiner, and the others get organised? The examiners, as much as anyone, are in the best position to do something about it.

      Our generation is laying down many of the groundrules for the largely virtual world our children will be living in. Like software, law is a construct of the mind and can be anything we want it to be. Lets get it right.

      ---

      It's wrong that an intellectual property creator should not be rewarded for their work.
      It's equally wrong that an IP creator should be rewarded too many times for the one piece of work, for exactly the same reasons.
      Reform IP law and stop the M$/RIAA abuse.

    6. Re:Ask the USPTO by Anonymous Coward · · Score: 0
      If the attitudes you describe are as common as you suggest why don't you, assuming you're a patent examiner, and the others get organised?

      Short of the bad press, why would a patent examiner give a rat's ass? They're paid to follow 35 USC, 37 CFR, and case law, and that's what they do to the best of their ability. They're given less than half a day to write up their answer to the appeals board - do want the examiner to fall to his knees in anguish if the board issues something the examiner thinks is stupid?

      Our generation is laying down many of the groundrules for the largely virtual world our children will be living in. Like software, law is a construct of the mind and can be anything we want it to be. Lets get it right.

      Oh spare me the utopian rhetoric. Patents aren't enforceable forever, but they exist as prior art forever. That was free, next one will cost you a nickel.

    7. Re:Ask the USPTO by maxpublic · · Score: 2, Insightful

      The examiners, as much as anyone, are in the best position to do something about it.

      Indeed. The most effective thing they could do is allow anyone to patent just about any absurdity, then sit back and watch as the intentionally produced chaos starts rippling back and forth throughout the system. Done right and with enough examiners the entire system is sure to implode, probably spectacularly, in a relatively short amount of time.

      If what you're looking for is a way to hopelessly bollix the system and force a complete redesign then this sort of sabotage is the only weapon effective enough to do the job. Anything else will be just a 'fix' to the current system, a fix which undoubtedly be in favor of those already at the top of the economic pyramid.

      We point to patents and say "what the hell are those examiners thinking???" when, in fact, a more appropriate response might be "looks like those examiners just pulled another brick from the wall (snicker)".

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    8. Re:Ask the USPTO by Anonymous Coward · · Score: 0
      We point to patents and say "what the hell are those examiners thinking???" when, in fact, a more appropriate response might be "looks like those examiners just pulled another brick from the wall (snicker)".

      I'm the same AC as has posted elsewhere on this thread..

      Just wanted to add that a more factual statement might be "why the hell did the appeals board overturn the examiner?"

      I know I've saying this like a broken record, but the difference between what people like to believe and how the USPTO actually functions is incredible.

    9. Re:Ask the USPTO by Anonymous Coward · · Score: 0

      Leave it to slashdot moderation to take my comment from 0 to (+1 Informative) back to 0. There is a reason I posted AC. I happen to be former USPTO examiner and am currently a patent attorney. Fine. Take my comment or leave it.

  16. Make more prior art by G4from128k · · Score: 4, Insightful

    If more people published more good ideas in the public domain, businesses would have less room for silly software patents. This publication process would need to work with, educate, and support patent examiners -- making it easier for them to deny the more egregious claims before they are issued. And if thousands OSS fanatics can't come up with the idea to keep it out of the clutches of patent-happy companies, then perhaps it was sufficiently innovative and original that it merits a financial rewards of a patent.

    --
    Two wrongs don't make a right, but three lefts do.
    1. Re:Make more prior art by Anonymous Coward · · Score: 5, Informative
      At the very least, PUT A DATE ON YOUR STUFF. If you have webpages from college where you explain what you did for your senior project, make sure it is clearly dated. If you have a PDF of a research paper you wrote, freaking date the thing on the first page. If you maintain a FAQ for a ubiquitous software concept, keep a "updated on: " line in each section.

      You won't know it when you're cited in an examiner's rejection of a patent, but I promise you that many times an examiner finds a great piece of art on the internet that they would love to use except it isn't dated. There are mountains of people's research papers in PDF form that are on the internet but do not clearly display a date. If it doesn't have a date, it's useless to the examiner.

      This is the number one thing that "everybody" can do to help prevent questionable patents and it only takes a tiny bit of time.

    2. Re:Make more prior art by bit01 · · Score: 1

      You are playing into the hands of patent parasites.

      Lack of prior art is necessary but not sufficient evidence of inventiveness.

      Many patents should not monopolise ideas because the idea is trival and obvious to somebody in the field, because the patent examiner is an incompetent who can't recognise a change in terminology and not substance, or because it is an idea who's time has come with many people/companies coming across it simultaneously and no one person/company entitled to monopolise the rewards.

      ---

      It's wrong that an intellectual property creator should not be rewarded for their work.
      It's equally wrong that an IP creator should be rewarded too many times for the one piece of work, for exactly the same reasons.
      Reform IP law and stop the M$/RIAA abuse.

    3. Re:Make more prior art by Anonymous Coward · · Score: 0
      Lack of prior art is necessary but not sufficient evidence of inventiveness.

      I'm intrigued by the difference between how much you know and how much you claim to know about this and patent related issues. That's not intended as an insult; I hope that in the context of Slashdot you can understand my skepticism.

      If you'd like to explain to me the basis for the quoted statement, as well as the assertion that a givern patent examiner is incompetent and can't understand a change in vocabulary, I'd love to reply to that.

    4. Re:Make more prior art by bit01 · · Score: 1

      If you'd like to explain to me the basis for the quoted statement,

      See for example the non-obvious section described here.

      Note that I am not a lawyer and sometimes argue from ethical as well as legal considerations.

      as well as the assertion that a givern patent examiner is incompetent and can't understand a change in vocabulary, I'd love to reply to that.

      Sorry if I've caused offence, I may have expressed that badly.

      What I meant to say, and this is a problem for all software engineering and research, not just software patents, is that software and marketing people are continuously "inventing" software structures which are just rehashes of old ideas with new terminology. Simple keyword-type examples include "metadata" (that's just data), "write-once, run-anywhere" (=portable), "thin client" (=dumb client), "client server" (=remote procedure call=distributed objects=remote services=network services=backend/frontend=...), "index" (=hash table), "database query" (=structured search=data extraction=data retrieval). The list goes on forever. Sometimes it is obvious only to a specialist that two "concepts" are the same or overlapping.

      The problem with software is that it is almost purely a creation of the mind with insufficient physical reality to ground it. It is just too easy to create castles in the air.

      In the context of bad patents an example is the todo list. It should be called "keyword search and list" and have been rejected immediately. Most programmers do this every day with general purpose search programs and text editors. The patent is merely a specific example of the general application.

      ---

      It's wrong that an intellectual property creator should not be rewarded for their work.
      It's equally wrong that an IP creator should be rewarded too many times for the one piece of work, for exactly the same reasons.
      Reform IP law and stop the M$/RIAA abuse.

    5. Re:Make more prior art by thogard · · Score: 2, Interesting

      Years ago a friend told me to keep a patent idea book. He said get a notebook with printed page numbers and at the start of each entry write the date, the idea and draw a line. If you want to add to it, use the next entry location and never ever update an existing entry. That book has killed a few bad patents so far.

      That friend has several patents on the best selling chip of the time (Am/FM radio chip). He also has a patent on using morse code to talk to a device even though it had been patented nearly a century before.

    6. Re:Make more prior art by thinkfat · · Score: 1


      this is all nice and stuff, but who's going to look at it? patents are granted _despite_ evidence of prior art being available somewhere. its just unlikely to be discovered and actually used to refute a claim.

      Once a patent is granted, it will need more than just a message in a blog to void it. you have to challenge it in court, which costs a fortune.

      The one thing we can do is blowing up the story as much as we can, creating a mindshare to make people aware of it. talk to your congressmen, members of parliament, whoever needs you to vote for him. Phone them, write _real_ letters (on that stuff called "paper", you remember?), make them aware, your issue is their issue. It worked in Europe once already.

      It is necessary, however, to be more articulate than just "Software patents are crap". Show them how it actually affects you, your company, your employer (if you're allowed to talk about it), your way of making a living.

    7. Re:Make more prior art by Anonymous Coward · · Score: 0
      many times an examiner finds a great piece of art on the internet that they would love to use except it isn't dated.

      Actually, it probably is dated, but it's hidden from you. Check the HTTP headers for a Last-Modified line to find out the date. The headers can be seen by sniffing the packets, getting the page through telnet, or using the LiveHTTPHeaders Firefox extension.

    8. Re:Make more prior art by elegie · · Score: 1

      This page considers defenses against software patents. Their idea is to datestamp work that is done so that prior art exists, but in a form that is difficult to search. This makes the legality of software patents questionable. Note that the idea of "prior art databases" (associated with patent offices) is mentioned, but they do not think that such databases are a good idea.

  17. Re:in case it gets slashdotted by Anonymous Coward · · Score: 1, Interesting

    Nothing in RMS's argument is specific to software patents. Clearly he believes that all patents should be abolished. That won't get passed in many countries this century!

  18. Derailing the train by Anonymous Coward · · Score: 5, Interesting

    It is also important to take a two pronged defense/attack on software patents. Giving the analytical arguments against patents, educating developers, and trying to give businesses a real business case why patents neither protects them, nor helps them competitively is the first approach, and a very important one. The second approach is the quantative and qualitative approach giving real figures and projected outcomes. A scientific approach. Here in Aus we are trying to set up a patents watch, now that we are locked into US style patents legislation. This means that in a year, or two years, we have real data on the amounts of trivial patents being attempted, and can realistically speculate on the impact of suh patents if they had been granted. Plus we get the open source community working directly with the people who need help in filtering patents.

    A good eg of what is current in Australian patents:
    > Australian Application Number 2004205327
    > Title Programming interface for a computer platform

    Through this we can hopefully prove that patents should simply not apply to software methods. It makes no sense, stifles innovation, and is an anti-competitive too of the most scary dimensions :( We can't convince them just with argument, we need to give them proof they can't argue against.

    1. Re:Derailing the train by coast99 · · Score: 4, Interesting

      Why not try the opposite ? Instead of fighting software patents, the OSS community should establish an organization which patents all new ideas in Linux, Mozilla etc. There are certainly many new ideas in free software and the inventor could patent them while at the same time licensing the SW as free. In case the evil empire uses its software patents the OSS would have a cache of patents to fight back ...

    2. Re:Derailing the train by pipka · · Score: 4, Insightful

      Hi, this is the original poster again, forgot to login last time. The open source community simply does not have the money or time to play this game, plus we will simply never win. Some of these companies hire teams and teams of people to deal with patents, and they pay developers an incentive bonus to give the company lawyers juice to work with. If we play that game, we would need to play it completely, and we simply can't. The best way to play this is to change the rules. Software patents make no sense. Patenting an idea in software is just as stupid as patenting the method of applying paint to a canvas in art. We need to change the precedent otherwise we will continually be spending our time putting out flames, and spending less time creating the kick ass software as we've been doing. Software patents threaten competition and those who have unique and good ideas, but, and here is some food for thought, many companies value their public image much more than revenue from something misunderstood like patents. I guess that a big call out to anyone being threatened by patents to be as public about them as possible is another defense. If a big company sued a large open source project for patent infringement, it would more likely backfire on them now than say a year ago. Thanks to the issues inherent in the FTA in Aus, we now have some seriously well educated legislators, who may be able to avert the kinds of disasters seen in the US. One of our biggest strengths in the open source community is our openness and our ability to work together right around the world. Lets band together to bring this out into the light and see it burn when the sunlight of public scrutiny hits it.

      --
      Freedom isn't just for geeks Software Freedom Day http://softwarefreedomday.org
    3. Re:Derailing the train by killjoe · · Score: 2, Interesting

      The main reason that won't happen is the cost. It costs a few thousand dollars to get each patent. Unless you are a business and are planning on suing somebody later it makes no sense to spend that kind of money.

      --
      evil is as evil does
    4. Re:Derailing the train by Anonymous Coward · · Score: 0

      Is the OSS that freakin' cheap they can't come up with a few thousand dollars to file a patent application? If thats the case then they are in bigger trouble than I had thought.

    5. Re:Derailing the train by Anonymous Coward · · Score: 1, Insightful

      Why not try the opposite ? Instead of fighting software patents, the OSS community should establish an organization which patents all new ideas in Linux, Mozilla etc.

      Because we don't agree with even the basic principles behind software patents. Software methodology should not be patentable period. Software should be copyrightable only. This means: if I were to create a new program that uses circular buttons instead of rectangular ones, nobody else should be legally able to copy and use my source code to make circular buttons (without my premission), but anybody else should be able to write their own code to use circular buttons (with or without my permission).

    6. Re:Derailing the train by nghtchld · · Score: 1

      Hoi Pipka, you mentioned you are trying to set up a (software) patent watch in Aus. Can you please post or send more details as I would be interested in helping out and linking up with such a project. Cheers, Brisbane

  19. hey now by Anonymous Coward · · Score: 0
    oh boy, stopping the cause of software patents? greed right? (there might be some good software patents out there i dont know of them.)

    raising a war on something that cannot be defeated sounds like bush. might as well wage war on apathy or how about sadness? eh? maybe even A WAR ON DRUGS!

  20. Re:Once Again by Arial+Sharon,+10pt. · · Score: 0, Funny

    That's funnier than the time I flew some planes into some buidings.

    --
    Am I dead yet?
  21. Mosquitos, Malaria, and Bill Gates. by Anonymous Coward · · Score: 0
    Bill Gates could teach RMS a thing or two about malaria and mosquito control.
    The world's richest man Bill Gates has donated $168m to fund research into malaria, the mosquito-borne disease which kills around one million people a year.

    Note that the Gates Foundation is doing much more than swatting the mosquitos one at a time. Note that even They are fighting Malaria by taking out the generator that makes them is an effective technique for other mosquito born diseases:

    he Bill & Melinda Gates Foundation today announced a $55 million grant to the International Vaccine Institute (IVI) to support the Pediatric Dengue Vaccine Initiative (PDVI).

    Dengue is caused by a group of four mosquito-transmitted viruses that infect 50-100 million people in the developing world each year, and is on the rise globally.
    ...
    Current dengue prevention measures rely on protecting against and eliminating the mosquito that transmits the dengue viruses to humans. However, this mosquito is remarkably well adapted to urban environments because it breeds inside homes, and has proven very difficult to control even with stringent efforts. As a result, current dengue control programs have been unable to protect the millions of children at risk of infection and illness, heightening the need for an effective dengue vaccine.
    Interesting how the Open Source community learns mosquito killing techniques from video games, and Gates does for real life. Mean anything?
    1. Re:Mosquitos, Malaria, and Bill Gates. by Anonymous Coward · · Score: 0

      No.

    2. Re:Mosquitos, Malaria, and Bill Gates. by bit01 · · Score: 3, Interesting

      Mean anything?

      Yep, it means that Bill Gates is paying the same percentage of his income as a million other concerned citizens. As far as it goes, a good thing and my congratulations to him.

      I find it interesting that he really only got started donating to significant non-M$ benefiting causes when he met Melinda. She appears to have been a positive influence.

      In any case M$ is still taxing the world $35,000,000,000 per year for about a dozen programs mostly written more than a decade ago with the most complicated bits (the device drivers) being largely written by third parties. That's wrong, the market isn't working and the law needs to be fixed.

      ---

      It's wrong that an intellectual property creator should not be rewarded for their work.
      It's equally wrong that an IP creator should be rewarded too many times for the one piece of work, for exactly the same reasons.
      Reform IP law and stop the M$/RIAA abuse.

    3. Re:Mosquitos, Malaria, and Bill Gates. by lightknight · · Score: 1
      How the fuck is it not working? Is Bill Gates putting a gun to your head, telling to buy Windows? No. Nor is he doing it to anyone else.

      In any case M$ is still taxing the world $35,000,000,000 per year for about a dozen programs mostly written more than a decade ago with the most complicated bits (the device drivers) being largely written by third parties. That's wrong, the market isn't working and the law needs to be fixed.

      So the market isn't working because people still buy something that works (for their needs, flame arguments aside). Umm, that is the point behind the market: provide people what they want, at a price you can both agree on. So Windows isn't perfect, neither is Linux. But it's good enough. And there is no law that one has to reinvent his product every year. IF people want to buy it, let them. It's right, and nothing needs to be *fixed*.

      --
      I am John Hurt.
    4. Re:Mosquitos, Malaria, and Bill Gates. by Anonymous Coward · · Score: 1, Informative

      Don't you know what Billy's mommy did for a job? She was a major player in United way in sucking out that 100% donations so your companies CEOs could talk to other CEOs at some expensive party and some charities ended up getting some of the money that comes out of your checkbook.

      Gates' parents made millions in the charity racket.

    5. Re:Mosquitos, Malaria, and Bill Gates. by flacco · · Score: 1
      I find it interesting that he really only got started donating to significant non-M$ benefiting causes when he met Melinda. She appears to have been a positive influence.

      i find it interesting that gates only really started donating after having been hauled in for a rather public anti-trust trial, having learned the importance of keeping up appearances to The Mob when you're the world's richest man.

      --
      pr0n - keeping monitor glass spotless since 1981.
    6. Re:Mosquitos, Malaria, and Bill Gates. by iamacat · · Score: 1

      I guess how you earn the money and how you spend the money are different issues. Bill Gates should be encouraged to be more responsible and try to make money by writting good code rather than kiling competition. At the same time, Larry and Steve should share at least half of their fortune by contributing to worthy causes.

    7. Re:Mosquitos, Malaria, and Bill Gates. by 808140 · · Score: 1
      Is Bill Gates putting a gun to your head, telling to buy Windows? No. Nor is he doing it to anyone else.

      I'm gonna go out on a limb here and assume that you mean this in a figurative, rather than literal sense -- as in, "No one is forcing you to buy Windows."

      Unfortunately, this plays into the illusion of consumer choice. In a very real way, most people are forced to buy Windows.

      For example, despite the fact that I don't use Windows at all, anytime I buy a computer, it comes with Windows. This copy of Windows is bought and paid for, by me, and I don't want it. But I don't have a choice, not if I want to buy a computer prebuilt.

      Yes, I could buy a computer from Apple, or Sun, or IBM, that doesn't run Windows. But that brings me to my next point:

      More than 95% of the Desktop Computer market runs Windows. So in actuality, if I want to interoperate with most software, I need Windows. Not using Windows anywhere (a choice I've made) has been extremely difficult to maintain. My coworkers don't understand why my system is different, why reading Word documents on my machine never works quite right, why the IE-only intranet website isn't easily accesible, etc, etc. I would say that for most non-technical people, not using Windows is simply impossible.

      So yes, proverbially speaking, he is holding a gun to our heads. That's what being a monopoly is about.

  22. prior art patent busting wiki? by zogger · · Score: 3, Interesting

    --sounds like a good idea. Make it public enough so that examiners reference it all the time, and make sure they have the URL for it. And send the reference to every patent attorney and politician out there. Making a large repository of prior "thoughts and ideas" might help to mitigate patent frenzy. You could have a sub section where prior art that tends to argue against already issued patents as well. Wiki style is well understood, I would think a lot of developers might drop interesting ideas there just to keep them from getting patented. there's no way to fight industries with boatloads of cash, they are the only ones who can actually apply and get patents by the hundreds, but establishing the prior art is as easy as mashing the "submit" button on your idea, and much cheaper to pull off. Sort of a peer review wiki, concentrating on IP ideas.

    Maybe someone with the bandwith and interest can host it, and maybe some legal geeks can write up the mission statement and goals, etc.

    1. Re:prior art patent busting wiki? by Anonymous Coward · · Score: 0
      It's a nice idea. Let me toss in another detail: Reference all of your stuff to actual printed material. Wikipedia is nice and very often has the material that would reject a patent, but the strictly "peer review" nature of the site is an examiner's nightmare. The last thing you want to do is rely on Wikipedia to discover that the "peer review" system has failed in your case - just last week Slashdot ran an article about the persistence of errors in Wikipedia.

      I love the site but only use it to bring myself up to speed on different vocabulary or related concepts where I might find a usable piece of art. For Wikipedia (or anything similar) to be useful, you have give the examiner a reference to something that isn't purely peer reviewed.

    2. Re:prior art patent busting wiki? by zogger · · Score: 2, Interesting

      IP Ideas magazine, print version, and online version. All ideas copylefted.

  23. Whereas... by aminorex · · Score: 1

    Killing off entire generations of mosquitos with
    cheap insecticides like DDT could save hundreds of
    thousands of lives each year. Unfortunately donor
    nations, such as the U.S., tend to balk at paying
    for DDT, which is banned in the U.S. Thus, lives
    are lost.

    The ideal future scenario is that PubPat should
    accumulate a massive arsenal of patents, and then
    take legal action against infringers throughout
    industry, settling only when they agree to
    cross-license their patents to the public at large.
    By attacking the most eggregious abusers of the
    patent system, PubPat could play a role akin to
    that of DDT in Malaria abatement.

    --
    -I like my women like I like my tea: green-
    1. Re:Whereas... by killjoe · · Score: 0, Offtopic

      Mmm. Interesting. DDT kill mosquitos. Deny people DDT and people will all be bitten by mosquitos and get malaria.

      Why?

      Because there is no other method of killing mosquitos right? DDT is the only thing in the world that can prevent widespread malaria.

      --
      evil is as evil does
    2. Re:Whereas... by Teancum · · Score: 1

      I'd have to chime in and agree with you killjoe.

      If you are being critical of the USA about something it doesn't do (or does), at least try to understand why it is the way it is.

      In the case of the ban on DDT, it was for an incredibly good reason as DDT is a substnace that doesn't break down too well, and gets into the food supply of people very quickly and in concentrated amounts. In short, although over the short term it is very effective in killing incects like mosquitos, in the long run it will kill you and your children (or keep you from ever having children). DDT is just one of those things that you avoid, avoid, avoid.

      I'm a little concerned about the open advertising going on right now with even DEET as the West Nile Virus scare happens in the Western USA. It brings back memories of the articles about DDT back in the 1970's.

    3. Re:Whereas... by lightknight · · Score: 1

      DDT is the most effective. And with the 'evidence' presented in a "Silent Spring" recently debunked, there is no reason we shouldn't flood rivers with DDT.

      --
      I am John Hurt.
    4. Re:Whereas... by RiffRafff · · Score: 0, Offtopic
      "Killing off entire generations of mosquitos with
      cheap insecticides like DDT could save hundreds of
      thousands of lives each year. Unfortunately donor
      nations, such as the U.S., tend to balk at paying
      for DDT, which is banned in the U.S. Thus, lives
      are lost."

      ...as opposed to them and their children and their children's children dying slow, lingering deaths from cancer.

      --
      "I might have made a tactical error in not going to a physician for 20 years." -- Warren Zevon
    5. Re:Whereas... by aminorex · · Score: 1

      If you will look at the epidemiology, the lives
      saved through malaria abatement substantially
      outnumber the lives lost due to toxicity, in those
      areas where malaria is endemic.

      I'm not arguing for DDT use in the U.S., where
      (1) malaria is not endemic and (2) we can afford
      malathion, but in places like Congo or Laos, DDT
      is desperately needful.

      --
      -I like my women like I like my tea: green-
    6. Re:Whereas... by killjoe · · Score: 1

      In no way shape or form is DDT the most effective or the only way to kill mosquitos. Anybody who tells you otherwise is a flat our liar.

      --
      evil is as evil does
  24. All overused RMS jokes go here. by Anonymous Coward · · Score: 0

    1) Shouldn't that be GNU/* 2) You can't fight the smell you have to go after the generator and bathe him. 3) Where's my free beer? 4) Having software patents makes you more free than not.

  25. It's very easy, actually-Persuasive documentation. by Anonymous Coward · · Score: 0

    "The important thing is to educate the politicians. Make them understand why the issue is so important and make them understand what the legislation before them really says." and "Get writing!"

    Just as soon as I get through writing uber documentation for this great piece of OSS.

  26. Are all patents really evil? by snakecoder · · Score: 2, Insightful

    I know I will get crucified and I am by no means an expert but I can't see how "One click", which in my view is completely an absurd patent can be held on the same level as the RSA public/private key patent which seems to hold some validity (at least at a gut feeling level)

    --
    -Nuke the moon
    1. Re:Are all patents really evil? by flossie · · Score: 2, Insightful
      I know I will get crucified and I am by no means an expert but I can't see how "One click", which in my view is completely an absurd patent can be held on the same level as the RSA public/private key patent which seems to hold some validity (at least at a gut feeling level)

      Public key cryptography might be a really good idea, but that still doesn't mean it deserves a patent. Certainly as things stand in the EU at the moment it cannot be patented because mathematical methods are not "inventions". How long this will be true remains to be seen. of course.

    2. Re:Are all patents really evil? by hobo2k · · Score: 4, Interesting
      Unfortunately I don't know what the RSA patent you mention actually covers. But I would say that if RSA's patents prevent me from siting down with a 50 year old number theory book and working out my own competing encryption system, then yes it is eeeeevil.

      Frankly I still don't understand any of this. Why was it legal to create the JPEG format, which obviously does the same thing (from a user perspective) as GIF, when it was not legal for Barnes and Noble to implement their own version of one-click?

      My gut feel is that all software patents are bad because computer science is just too young a field. The government doesn't need to encourage basic research in software, it will happen anyway.

    3. Re:Are all patents really evil? by Teancum · · Score: 3, Insightful

      I have created ideas that have been "patentable" in software, and in several cases I even had the financial resources available to at least patent the idea for my employer.

      The truth is that I deliberatly chose not to do so, and I fail to see how patenting a software idea would have ever made me or my employer even one cent more by going through the process of doing the patent filing. It might be valid to have patents for defensive purposes (to ward off attacks from litigous idiots like SCO) and keep the company from going into the ground due to the system, but it won't be a revenue generator. Certainly our competitors could always find a way around what ever patents we could come up with, so even the exclusivity of the algorithm would not matter, unless we wanted to sink the entire industry like others are doing (again like SCO).

      The LZW algorithm is perhaps the classic, and even that was worked around. Had Unisys been forthcoming from the beginning that it had the patent and intended to enforce it, there is no way that the GIF format would have been used at all.

      The point here is that as a full-time software developer who almost exclusivly makes my financial income from the creation of totally novel and original software ideas, I don't need software patents and they are much more of a nuscance that anything else, and something done by companies who can't innovate or have run out of fresh ideas. In the time and effort it takes to patent something, I can come up with a dozen or more fresh ideas and implement them in actual software where they are being used.

      If somebody else who has encountered the same situation ends up writing almost identical software and came up with the same general concept (I've seen it happen more than once), why not let them try to compete in the marketplace rather than in the courts?

      While I would agree that the RSA algorithm does take time, R&D effort, and considerable effort that perhaps should be rewarded somehow, I fail to see how a software patent would even then be useful. Other encryption algorithms can and are being developed using alternative methods, so the absolute value is really in question. That the implementors of a successful algorithm would be the first on the market, have (hopefully) fully debuged software implementing the concept, and using it in practical applications would make that company clearly successful financially, particularly if they sold the software implementations at a reasonable price. The more complex the algorithm, the more they would be able to charge for it simply because it would also be that much harder for a 3rd party to make an independent implementation.

      Copyright law, on the other hand, is critical, and just for pure ethical reasons, if you are using somebody's software and claiming it as if your wrote it yourself, that is plagurism at best, and should be protected through existing copyright laws. That the terms of the copyright might be way too long for computer software is another issue, but I would at least like the opportunity to be able to release my stuff knowing I can defend my authorship legally.

      BTW, If I were able to directly introduce legislation into the U.S. Congress, I would want to change software copyright to about 20 years. I could even live with 10 years. Life + 70 years makes absolutely no sense to me whatsoever.

    4. Re:Are all patents really evil? by Wolfbone · · Score: 1

      Everybody - even RMS himself - uses this as an example of a possibly reasonable patent but it most certainly is not. The RSA encryption algorithm patent was an example of almost the worst possible kind of patent there can be. It is pure mathematics, it is the obvious algorithmic application of a trivial lemma in number theory that A CHILD can understand and the only thing that saves it from being the absolute worst possible kind is that it doesn't have many (any?) other applications.

      As mathematicians, Rivest, Shamir and Adleman should be ashamed of themselves anyway but they weren't even the first to discover the lemma and it's obvious application - Clifford Cocks at GCHQ found it 4 years before R,S and A.

    5. Re:Are all patents really evil? by dido · · Score: 1

      The trouble is all a computer can do is unarguably a mathematical method. The very idea for the computer as we know it today came out of Alan Turing's answer to David Hilbert's Second Problem: are the foundations of mathematics consistent? Ultimately, the only thing that any computer can do is mathematics, and if mathematical methods are unpatentable, then all software is ergo unpatentable. It is definitely possible to restate the Amazon one-click patent as a mathematical computation, as can the RSA patent (that might be a lot easier to do!), and any other software patent that has ever been granted by the USPTO or any other patent agency that allows software patents.

      Unfortunately, I fear that, just as in the United States, the European Union may also have the best politicians money can buy...

      --
      Qu'on me donne six lignes écrites de la main du plus honnête homme, j'y trouverai de quoi le faire pendre.
  27. YHBT. by Anonymous Coward · · Score: 0

    YHL. HAND

    1. Re:YHBT. by Anonymous Coward · · Score: 0

      Yeah, I recommended modding up a FP troll. OTOH, this particular FP troll was unintentionally being funny. He was bragging about getting FP by not reading the article, but the RMS advocate after him pointed out that it's OK he never read the article because he wouldn't have understood anyway. That made it funny.

  28. Not again... by igrp · · Score: 1, Insightful
    This article demonstrates one of the main problems we are facing today.

    I don't have a problem with RMS and I even agree with him on a lot of issues outside of IP law (where I, in the interest of full disclosure, mostly do not agree with him).

    Richard is, despite what many people say, a good speaker and a good rhetoric. That's not the problem. The problem are those analogies and euphemisms that made pretty much anybody outside of IT go 'ummm. yeah... great...".

    IT is not a text-based dungeon game and this is not 1986. You need to sell your ideas, you're not helping if you focus on R&D terminology (I'm not saying there's anything wrong with R&D, it's just not your target audience).

    This is one of the reasons businesses don't take us seriously. Wake up - it's no longer us vs. them. If you want to convince people to switch to Linux you need to be professionell.

    1. Re:Not again... by Anonymous Coward · · Score: 0

      professionell.

      You're a pontificating fool, promoting a propagandistic notion of the primacy of commercial values over everything else, and you can't spell.

    2. Re:Not again... by rahard · · Score: 1, Funny
      ... professionell.

      You're a pontificating fool, promoting a propagandistic notion of the primacy of commercial values over everything else, and you can't spell.

      But, he's not a fool. He is professionell!

    3. Re:Not again... by killjoe · · Score: 1, Insightful

      Right because no business person has ever played a video game and never met anybody who has played a video game and is too sutpid to know that there are video games and that video games have monster in them.

      --
      evil is as evil does
  29. Re:in case it gets slashdotted by Anonymous Coward · · Score: 2, Informative

    Sigh. Moderators, please *read* before modding up. Geez. This is one of the "post the article text but with a few changes" jobs.

    Note the "European Transvestite Parliament" bit? That's not usually what we call them, and although what they may do on their own time is their own business, I know most of them were conventional attire for their sex at parliamentary sessions.

    And note also that we are European, we're not likely to give a fuck if some guy does happen to wear a dress on a hot summer's day anyway. Americans have such strange hangups. No, mustn't show even a hint of tit on screen, but people's heads getting blown up is A-OK. Nutters.

  30. I agree with the article-Deep Root. by Anonymous Coward · · Score: 5, Insightful

    Yes it's insightful to say that RMS is smart. It would be even more insightful to ask ourselves "Why do we treat him the way we do?" then.

    1. Re:I agree with the article-Deep Root. by Anonymous Coward · · Score: 5, Interesting
      It would be even more insightful to ask ourselves "Why do we treat him the way we do?" then.

      I think your parent post answered that.

      We treat him as a paranoid nutcase because he sees these trends in intellectual property law about 3-5 years before they affect us users of the system. Since we don't have the same context, we don't understand what he's saying.

      For example, he probably wrote The Right to Read back when the DMCA was being drafted; and he probably had some exposure to the debates that were part of its drafting. We, on the other hand, didn't know anything about the DMCA when we first read the article. Without this context it sounded quite paranoid. Only after the DMCA passed as law did the popular media (/.) notice the law, and only after that point did RMS's article make sense.

    2. Re:I agree with the article-Deep Root. by mewphobia · · Score: 2, Funny

      RMS, I love how you always start treads as anonymous coward, and reply to them yourself so that we like you more.

      It tricked me for years but it was because i wasn't stepping into your shoes. Now I am as paranoid as you, and i can see what you're doing.

      Rock on.

    3. Re:I agree with the article-Deep Root. by Elektroschock · · Score: 1

      RMS is smart but an awful advocate. As a lobbyist he is really counter-productive and RMS is proud of it- He is bad in organisation, a lonely personal priest, nothing more.

      An organisation such as FFII was able to really make a difference because of comprehensive Analysis.

      There is also an US-Mailing list of FFII.

      1. Get organized
      2. ?????
      3. Success! :-)

    4. Re:I agree with the article-Deep Root. by Anonymous Coward · · Score: 0
      Are you kidding? This is the guy who orgainized the Free Software Foundation!

      He organized more software developers than probably any other organization outside microsoft. This resulted in the creation of all the GNU utilities.

      He was the first to organize members of the legal community to work on licensing for Free Sfotware. His organization's GPL.

      Many years later a bunch of other industry consortiums tried creating various other organizations (the osf guys, the shared-source guys); but none have created organizations with the size or impact as the ones Richard Stallman organzied.

  31. Counterattacking the patent system? by Richard_J_N · · Score: 5, Interesting

    Is it possible to use the patent system against itself, in the same way that the GPL counteracts the principle of copyright using copyright law itself?

    For example, a public foundation dedicated to holding patents in the public interest. Anyone with an idea could submit it to them; they would then obtain a patent on it, and license it freely to the public, with the exception of companies who use their patent portfolios offensively.

    Also, as an attack against software patents, would it be possible for a free developer to patent their own algorithms/widgets etc, and license it *only* for use in GPL'd software?

    Is the above legally possible? There's an obvious problem in that most FOSS developers have neither the time nor the expertise, nor the money to apply for patents, but if an organisation could be formed to do that part, I have no doubt that the intellectual citizens of the world can out-invent the corporations obtaining patents.

    [I am personally convinced that patents per se are a very bad thing, in any field of endeavour. They run contrary to the spirit of scientific endeavour, and they create a "tragedy of the commons" on a global scale. They also lead to monopolies. Pragamatically, one might make a special exemption for pharmaceutical patents, on the grounds of the huge investment required up front, but even then, such patents should be unenforceable in the 3rd world on grounds of humanitarian necessity.]

    1. Re:Counterattacking the patent system? by ShieldW0lf · · Score: 2, Informative

      For example, a public foundation dedicated to holding patents in the public interest. Anyone with an idea could submit it to them; they would then obtain a patent on it, and license it freely to the public, with the exception of companies who use their patent portfolios offensively.

      That wouldn't work, because you can be forced to license your patents out at a reasonable price in court. I can't see a court allowing you to kill a successful rich commercial field of endeavour with your patents in such a way... they'd require them to take it money for use.

      Love to be proven wrong, mind...

      --
      -1 Uncomfortable Truth
    2. Re:Counterattacking the patent system? by Anonymous Coward · · Score: 0

      That's a fantastic idea. The big patent holders like IBM and such mainly use their patent arsenal DEFENSIVELY. There's no reason why a private organization representing the little guy couldn't do the same thing.

    3. Re:Counterattacking the patent system? by killjoe · · Score: 3, Informative

      "
      That wouldn't work, because you can be forced to license your patents out at a reasonable price in court"

      The best the court would do is to invalidate your patent. They can't force you to license it let alone for a reasonable price.

      --
      evil is as evil does
    4. Re:Counterattacking the patent system? by dremspider · · Score: 1

      I have long thought up the same idea. I was thinking of some sort of website, done in PHP and MySQL or something. It would allow for people to file ideas, any ideas that they can think of. These would of course get stored in a database, which would then be available to the public. People could then comment on the ideas, come up with better ideas, etc. I don't agree with the GPL license idea, but would rather prefer something similiar to BSD, and yes I use Linux... I think that the GPL would be a little to restrictive on physical items, and how would you "open source" and idea, write it down on a napkin and scan it in? Just something along the lines of come up with an idea and people need to give you credit. Who knows, maybe it would be a great way for people to get hired. Imagine, a company likes an idea and hires that person to actually carry it out, doesn't sound too far off to me. I have the technical expertise to do it (probably, I am an amatuer web developer that is pretty comfortable w/ manipulating a databse.), but as of now haven't gotten the ambition to spear head a project myself, I would be interested in helping if I could get someone with a little more experience to help out. My other problem is a business model would need to be made, bandwidth aint free, and I am a poor college student. So I need a way to at least cover the cost of bandwidth and storage space. If anyone has more ideas drop me an email ddl132:psu,edu replace : w/ @ and , with . I get so much junk mail in that email box, I am not sure it really matters anyway.

    5. Re:Counterattacking the patent system? by danharan · · Score: 1

      I am glad other people are having the same idea- and I'm glad your comment got modded +5 Interesting, perhaps a sign that people are willing to consider unusual tactics. Here's how I have been thinking about it.

      It might not be necessary to GPL everything. At its simplest, we could require any company wanting to use a patent to not use theirs aggressively, and support a political solution to this madness by lobbying for an end to patents.

      No matter how many licenses we have for defensive use, we may still be faced with publicly traded lawsuits of companies without products. Whether companies facing bankruptcy or as proxies for anti-OSS efforts, these are a risk. The only permanent solution is to dismantle the software patent system.

      A more assertive foundation could also require a company hand over all its patents in exchange for the right to use any that are already in its portofolio. An aggressive one would be seeking out companies that are in violation of patents being held, asking them to join the campaign against patents or face prosecution.

      When only the SCO's (and MS?) of the world are lobbying for more patent protection, while the rest want the whole system dismantled, things should unravel very fast.

      --
      Information: "I want to be anthropomorphized"
    6. Re:Counterattacking the patent system? by Richard_J_N · · Score: 3, Interesting

      Remember that, to have a patent, the idea must be secret until the patent is applied for; only then is it publishable. So you can't put it on the web right away. Also, the reason I *think* you'd need GPL is that, at least in software, if you offer your patent license free to BSD-licensed software, it can then be taken proprietary (even incorporated into MS software) It sounds to me as though there is a missing link here. We have the programmers with ideas, and we have plenty of people who'd donate money. (I would for a start!). What is needed is a foundation to handle the legal part. (I'm slightly surprised that the FSF isn't doing it already - except that this would then "validate" the idea of software patents?). The aim here would ideally be to totally undo the patent system: if we cannot have a wold without patents, we should extend the "MAD" ("mutually assured destruction") principle so that no company ever dare to use a patent offensively. The organisation (let's call it the Free Patent Foundation for now) would be able to use its large resources to defend, initially just Free Software, and as it manages to gain a portfolio, could expand into other fields. I know plenty of academics who would be delighted to add their ideas, if the process could be simplified to under an hour's work per inventor.

    7. Re:Counterattacking the patent system? by dremspider · · Score: 1

      Very interesting perspective. I feel that the GPL works well for software because to reproduce software is relatively cheap. With physical devices, this is not cheap, and a cost is associated w/ building the product. While I understand that with the GPL you could charge for the "service (which is relatively cheap to software in comparison to physical products)". The cost of the service becomes very vague, and I feel that the ideas should be usable by both free and commercial developers.

      But, on the other hand, their is defineately merit to your idea with the GPL. Your idea is to abolish the software patent when really good products are not being developed, the government will see the error in its ways. But the problem is, in order to license the actual product, you need to apply for a patent, which isn't free, far from it in fact.

      By using a BSD style license I feel that it would not abolish the patent process but rather make it less relevant. If this website hosted hundreds if not thousands of ideas, that were vague, like patents are. Then prior art would become an issue when filing for patents. It would be a lot harder to apply for a patent on an idea that doesn't infringe on something from this database, of course this is assuming that the database got large enough.

      That is just my 2 cents.

    8. Re:Counterattacking the patent system? by spitzak · · Score: 1

      I just wanted to pick one nit with your post. The GPL does not use copyright against copyright, it uses copyright to attack proprietary secret code, which has nothing to do with copyright (secrets don't have to be copyrighted). You may be confusing GPL with "fair use". "Fair use" which has lots of support here, is probably the only possible hole in the GPL, somebody can maybe claim that using a small enough piece of GPL code should be allowed by "fair use".

      As for the original question, it may be possible to say that your patented invention is free for use for GPL code, but you must buy a license for any other use. And then price the license so high that it cannot be used except for GPL. As another poster said it may not be possible to explicitly limit some uses of the idea.

    9. Re:Counterattacking the patent system? by Richard_J_N · · Score: 1

      The problem with publication (although it is a very good idea), is that it doesn't go far enough. A published idea is sufficient prior art to invalidate some patents, if we are lucky. But my idea of a "free patent foundation" would have to counter attack. For example,

      1) The "FPF" obtains a patent on widgets of type "X".
      2) The bad guys, (lets call them "M") invent a genuinely new widget, type "Y", for which no prior art may be found.
      3) This new widget is also independently invented by a free software developer, "D".
      4) M sues D over widget Y.
      5) The FPF then threatens to sue M over their use of widget X, unless M promise never to sue over Y.

      The advantage of this is that it would, in time, mean that nobody needs to take up defensive patents, and that nobody need fear being sued for patent infringement. Everyone(*) wins.

      While my primary point is, as you said, to make software patents untenable in practice, I'd really like to see it apply to everything, whether software or hardware, and whether or not the invention is genuinely new. As a scientist, and an inventor, I think that all patents are harmful, both to society, and to the inventor concerned.

      * There is an oft-quoted, hypothetical case of the lone genius inventor whose invention is stolen by a big company. He would hypothetically have been protected, had he patented it. Of course this is not true. The big company can almost always force him to cross-license it with them for free, by finding a patent of their own which he infringes. And he hasn't got the resources for a big legal fight. Thus, patents do not help the small inventor.

    10. Re:Counterattacking the patent system? by Anonymous Coward · · Score: 0

      Sounds like both publication and MAD strategies are needed.

      Assuming a Free Patent Foundation...

      Would it be possible to create a idea system that is closed enough to allow the FPF to patent the best ideas (.01%) for MAD purposes while still being able to prove prior-art for the 99.99% of other ideas?

      Patent examiners would be licensed to the system, as would anyone who agreed to not patent software ideas (this would probbably be tricky).

      As a developer, by contributing to the system and not patenting other ideas I'd gain a license to all the FPF patents and ideas.

  32. Mhh. by Anonymous Coward · · Score: 0

    Anyone else find it ironic that there is a microsoft add on this page ;)

  33. Re:Crisis is the rallying cry of the tyrant by Anonymous Coward · · Score: 2, Insightful

    Actually, the disaster is already here, at least in the USA- have you _seen_ the state of the US software industry lately? It's nearly all lawsuits now instead of just people writing new code.

    The only reason the disaster mightn't get to europe is BECAUSE people like RMS and the thousands of europeans supporting the FFII DON'T "shut the fuck up" and DO work to fight the encroaching evil. And, being normally functioning adult humans for the most part, we can do that part-time and continue to code too, funny enough.

  34. Tech Patents are dumb by CrazyJim1 · · Score: 1

    Theres only so many ideas out there, and most of them are already known. The key is that not everyone has the time to develop some of the ideas. Its like allowing Ford to patent the tire on cars. www.geocities.com/James_Sager_PA

  35. Video game comparisons ? by CliffEmAll · · Score: 3, Funny
    You cannot expect to defeat every patent that comes at you, any more than you can expect to kill every monster in a video game

    Perhaps I should send this guy a screenshot of a Versalife bathroom ( Deus Ex ) filled with bodies of every killable NPC in the Chinese area. I should really apply this attitude to my current Icewind Dale II game. Those damn shopkeepers and town guards just wanted to cheat me anyway!

  36. Re:in case it gets slashdotted by Gorath99 · · Score: 4, Informative
    The European Transvestite Parliament voted a year ago to reject software patents conclusively.

    *Sigh* RMS isn't that undiplomatic. While AFAICT the rest of the article is a verbatim copy, this is a good reminder of why you shouldn't trust these "in case it gets slashdotted" copies.
  37. Re:Crisis is the rallying cry of the tyrant by Anonymous Coward · · Score: 0
    This is the reason nobody listens to Stallman anymore. The Disaster is always Right Around the Corner, even though it never really seems to get here.

    Every stage is a crucial stage. If you don't win the first stage - you lose. If you don't win the second stage - ditto. When you are fighting the establishment, you only need to lose once to be comprehensively beaten. Every stage is a knockout round. And the next one is crucial.

  38. Was anyone else confused when they saw "RMS"? by NotQuiteReal · · Score: 3, Funny
    Everyone knows that it is Windows Rights Managment Services Right? ;-)

    RMS will have to trademark those three letters soon, or cede their use to his favorite software giant.

    Any tin-foil hatters out there want to say that MSFT chose those three letters on purpose?

    --
    This issue is a bit more complicated than you think.
    1. Re:Was anyone else confused when they saw "RMS"? by dmaxwell · · Score: 1

      RMS turns up too much in electronics and mathematics. I seriously doubt there is much more going on than MS tweaking RMS' nose.

  39. We must fight them.. otherwise it will come true! by Gentlewhisper · · Score: 5, Interesting

    Right to read

    This article appeared in the February 1997 issue of Communications of the ACM (Volume 40, Number 2).

    (from "The Road To Tycho", a collection of articles about the antecedents of the Lunarian Revolution, published in Luna City in 2096)

    For Dan Halbert, the road to Tycho began in college--when Lissa Lenz asked to borrow his computer. Hers had broken down, and unless she could borrow another, she would fail her midterm project. There was no one she dared ask, except Dan.

    This put Dan in a dilemma. He had to help her--but if he lent her his computer, she might read his books. Aside from the fact that you could go to prison for many years for letting someone else read your books, the very idea shocked him at first. Like everyone, he had been taught since elementary school that sharing books was nasty and wrong--something that only pirates would do.(poisoning of our school system, remember BSA?)

    And there wasn't much chance that the SPA--the Software Protection Authority--would fail to catch him. In his software class, Dan had learned that each book had a copyright monitor that reported when and where it was read, and by whom, to Central Licensing. (They used this information to catch reading pirates, but also to sell personal interest profiles to retailers.) The next time his computer was networked, Central Licensing would find out. He, as computer owner, would receive the harshest punishment--for not taking pains to prevent the crime. (DRM-OS! Any takers for palladium?)

    Of course, Lissa did not necessarily intend to read his books. She might want the computer only to write her midterm. But Dan knew she came from a middle-class family and could hardly afford the tuition, let alone her reading fees. Reading his books might be the only way she could graduate. He understood this situation; he himself had had to borrow to pay for all the research papers he read. (10% of those fees went to the researchers who wrote the papers; since Dan aimed for an academic career, he could hope that his own research papers, if frequently referenced, would bring in enough to repay this loan.)(Per use licensing! Bill Gates and the RIAA hoos probably masturbate to this every day!!!)

    Later on, Dan would learn there was a time when anyone could go to the library and read journal articles, and even books, without having to pay. There were independent scholars who read thousands of pages without government library grants. But in the 1990s, both commercial and nonprofit journal publishers had begun charging fees for access. By 2047, libraries offering free public access to scholarly literature were a dim memory.(The OTHER 1984)

    There were ways, of course, to get around the SPA and Central Licensing. They were themselves illegal. Dan had had a classmate in software, Frank Martucci, who had obtained an illicit debugging tool, and used it to skip over the copyright monitor code when reading books. But he had told too many friends about it, and one of them turned him in to the SPA for a reward (students deep in debt were easily tempted into betrayal). In 2047, Frank was in prison, not for pirate reading, but for possessing a debugger.(Well well.. INDUCE ACT?)

    Dan would later learn that there was a time when anyone could have debugging tools. There were even free debugging tools available on CD or downloadable over the net. But ordinary users started using them to bypass copyright monitors, and eventually a judge ruled that this had become their principal use in actual practice. This meant they were illegal; the debuggers' developers were sent to prison.(Up to 10 years for downloading a mp3 today under the PIRATE act, 'nuff said!)

    Programmers still needed debugging tools, of course, but debugger vendors in 2047 distributed numbered copies only, and only to officially licensed and bonded programmers. The debugger Dan used in software class was kept behind a special firewall so that it could be used only for

  40. Destroy the machine from inside. by Anonymous Coward · · Score: 0

    Perhaps a good way to stop software patents is to demand as taxpayers that every line of code in government software is not infringing, so that patentholders will not sue. That means that every line of ASP, VBA, javascript, html, C++ should be checked before deployment. A good way to start is to check government website for patent infringement. This might destroy the machine from the inside.

  41. The solution by tuxlove · · Score: 1

    You can't patent something that's already been conceived by someone else. You simply need to invent an idea and describe it in extreme detail. Consider all the ways that thing can be used. Just describing the widget isn't enough; describe the widget's potential uses. Commit this to paper, note the inventors and dates, preferably notarized, and publish it to the web in a very public way for all to see. Voila, that thing can never be patented.

    If enough people did this, especially in a centralized place like a devoted website, we'd have a lot less stupid business method/software patents. Head them all off at the pass, starting now!

  42. RMS focuses on what he knows: computer software. by jbn-o · · Score: 4, Informative

    RMS speaks quite carefully with respect to focusing on patents that cover algorithms used in computer software. If you read what RMS says about software patents, you'll see that he recognizes how, for example, automobile patents don't have the same social effect as software patents. Software programmers don't have to deal with all the complexities of physical product designers all the time.

    Part of what he says about patents in other fields versus software patents:

    The reason is that in other fields people have to deal with the propensity of matter. When you are designing circuits or cars or chemicals, you have to face the fact that these physical substances will do what they do, not what they are supposed to do. We in software don't have that problem and that makes it tremendously easier. We are designing a collection of idealised mathematical parts which have definitions. They do exactly what they are defined to do.

    He doesn't think the same things about all patents. Read more or hear him talk about patents in other fields and you'll find that he focuses on his expertise.

  43. Re:in case it gets slashdotted by Anonymous Coward · · Score: 1, Funny

    Yes, everyone knows the European Transvestite Parliament is actually in Transylvania.

  44. that won't work by Anonymous Coward · · Score: 0

    But someone can take it, add something to it ("on the internet", "with a computer" or "wireless") and patent the whole thing.

    1. Re:that won't work by tuxlove · · Score: 1

      But someone can take it, add something to it ("on the internet", "with a computer" or "wireless") and patent the whole thing.

      Didn't I say "consider all the ways that thing can be used"? If we follow your reasoning, no patent would ever hold water because someone else could just "add something" to it and suddenly it's novel.

      In any case, you can't just add something new and patent the whole thing and expect it to go anywhere. You have to add something substantial, or the patent is narrow and not of much use; i.e. only those claims with novel concepts are of use. Claims containing previously known concepts merely fill in the bigger picture, but are not in-and-of-themselves enforcible intellectual property.

    2. Re:that won't work by Anonymous Coward · · Score: 0

      look it's flat out not meant to be just something you could sit down and think up in 5 minutes. Or even a couple of days.

      Gimme 10 years of research, you might deserve a patent. WTF is with this double-click shit?

  45. The system makes this impossible by rsilvergun · · Score: 4, Insightful

    at least practically. Our current economic system is brilliant. You've got a small middle class, a huge poor class, and a sliver of Kings. The system encourages the poor to waste their energy becoming middle class and the middle class to waste their energy on not becoming poor. Meanwhile the rich are laughing all the way to the bank. You don't need to look far to see the evidence. People are too busy living their lives to care about patents and copyrights. You don't spend 50+ hours a week getting by and then the rest of your time mailing letters off to your congressman. You spend that time relaxing, or with your kids, or your hobbies. The key is to always hold out the promise that things will be better, if only you'll just work a little harder....

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:The system makes this impossible by Anonymous Coward · · Score: 1

      It's more accurate to say that the system encourages:
      * the poor spend it's time trying to become middle class or just giving up (there's no hope)

      * the middle class to spend it's time trying to come poor (spend, spend, spend on credit with as many credit cards as possible. It's your patriotic duty and the true meaning of christmas) or rich (if you build a better mouse trap the world will beat a path to your door. It also "doesn't hurt" to win via that lottery ticket or that "sure thing" investment)

      * the rich to spend their time becoming poor (because you have a couple of million dollars, you too can look and spend like the billionaire Kings even though you have a fraction of their wealth.)

      * the billionaire Kings just sit back and rake in the money.

      Patents don't enter into the mix for most people. The middle class don't do patent searches and regularly reinvent patents without knowing it. As long as they don't do anything to attract attention to themselves, they're ignored. People have been recording (and keeping) video tapes since the time VCRs were created. Ditto for audio tapes and software.

      People don't care because that are more often than not able to ignore the law without consequence. It's like piracy in China and India. People don't switch to Linux because it's free. For all intents and purposes, (pirated) Windows is free and easy to find.

    2. Re:The system makes this impossible by cvd6262 · · Score: 1

      Or you could just be happy with what you've got. I live in "poverty", but I'm happy. I think the constition says something about searching for happiness.

      --

      I'd rather have someone respond than be modded up.

    3. Re:The system makes this impossible by Perky_Goth · · Score: 1

      and some people say 1984 is outdated. riiiight.

  46. retoric, or how you write it... by 3seas · · Score: 1

    ... we have plenty examples from teh patenting of the wheel to swinging sideways on a swing...

    To tell us that its not what the subject or a patent application is but rather how it is written out, how it is made to appear or sound novel and all the other things that are required to qualify as a patentable object.

    SOOOO.... and likewise, writting the same subject out in a manner using terms of that which is not patentable can invalidate patents. This can go as far as root or core subjects in software that can then cause a casscading effect thru any number of patents.

    Of teh subject matter that is not patentable, you have natural law, physical phenomenon and abstract ideas. (these are the top three)..... Now how about the natural laws of teh physical phenomenon of abstraction creation and use?

    have doubts? then see my home page and follow towards the virtual interaction configuration. Or do a google search on - MS book Software factories - and read my comments and follow the links I give..

  47. One lawyer would starve by microbox · · Score: 2, Interesting

    If a town has only one lawyer, then (s)he starves. If the town has two lawyers, then they're both rich. The moral of the story is that lawyers know how to create work for themselves, and they are carving our a new niche in the software industry.

    Perhaps you should collect data on how all the lawyer expenses are just a ball and chain around the industry. Thus, the numbers of $$$ spent on patent attorneys, legal fees, court cases and such.

    Then you can argue that other than killing innovation, creating artificial barriers to entry and a software oligarchy, the industry is also spending $$$ on this complete waste of time.

    --

    Like all pain, suffering is a signal that something isn't right
    1. Re:One lawyer would starve by This+is+outrageous! · · Score: 1
      If a town has only one lawyer, then (s)he starves. If the town has two lawyers, then they're both rich. The moral of the story is that lawyers know how to create work for themselves, and they are carving our a new niche in the software industry.
      +1 Insightful. Note: this includes the those who claim to help free software through counseling, litigation, etc. Compare the FSF's very different goal of simply keeping the lawyers out.
      --
      This is...

      O
      U
      T
      R
      A
      G
      E
      O
      U
      S

      !

  48. Regardless of RMS by Anonymous Coward · · Score: 0

    Look, the basic ideal is "nobody can patent ideas". The very concept is foreign to the concepts of patent in the first place: Patents place "ideas" in the public domain. Nobody is allowed to duplicate the exact implementation, but somebody who improves on the "idea" can patent their specific "implementation" of that "idea".

    Software patents seem to concentrate on patenting "ideas", not on patenting "implementations". And that's wrong!

  49. if you can't beat em', join em by 1337+Twinkie · · Score: 1

    It has been a belief of mine that if we can't fight to get rid off software patents, maybe we could use them to our advantage.

    Bascically, the plan would to patent every thing under the sun we developers could think of, then release all the patents to the public domain, thus protecting everyone's right to use the ideas freely and protecting the ideas from being patented by others and used against us.

    1. Re:if you can't beat em', join em by westlake · · Score: 1
      Bascically, the plan would to patent every thing under the sun we developers could think of, then release all the patents to the public domain, thus protecting everyone's right to use the ideas freely and protecting the ideas from being patented by others and used against us.

      The problem is that your employer may have the final say.

      I am cynical enough to wonder as well how many of the developers here would be so generous if, against the odds. they came up with a clearly patentable, clearly marketable idea. It isn't that easy.

    2. Re:if you can't beat em', join em by Anonymous Coward · · Score: 0

      Why should the USPTO benefit financially when it is clearly they who are in error?

      Would you be so eager to pay protection money to the mob?

  50. Nothing to see here-Stone Cold Ideas. by Anonymous Coward · · Score: 0

    "In contrast, implementing a new idea in software costs very little and requires no skills beyond those of the average programmer, and communication is very fast."

    You're partially right. A programmer may be able to impliment the idea. That's NOT the same thing as discovering the idea. There's a reason Computer Science exists. Someone has to discover the ideas, that programmers impliment.

    1. Re:Nothing to see here-Stone Cold Ideas. by belmolis · · Score: 1

      No, I was entirely right. The point I made was that there were big differences in the spread of the use of an innovation in software today and in areas such as mechanics in the past. These differences lie in the costs of implementation and in the rapidity of communication. In both cases, I was talking about what happens after a new idea is discovered. Whether or not the average programmer is able to make such discoveries is irrelevant to this point.

      In any case, although some innovations are unlikely to be made other than by computer scientists, many potentially patentable innovations are made by ordinary programmers. There isn't a clearcut division between computer scientists who discover things and programmers who implement them.

  51. Re:in case it gets slashdotted by 71thumper · · Score: 0

    Copyright 2004 Richard Stallman.

    Verbatim copying and distribution of this entire article are permitted worldwide without royalty in any medium provided this notice is preserved.


    Gotta how RMS makes his own information free, but only with the conditions HE agrees to.

    Either it's free, or it's not.

    Steve

  52. Re:in case it gets slashdotted by Lupulack · · Score: 1

    Gotta how RMS makes his own information free, but only with the conditions HE agrees to.



    Either it's free, or it's not.

    That's the nature of the GPL as well. The information / code is free. It's *you* who are limited , in that you can't take away that freedom.

    --
    The fact that no one understands you doesn't mean you're an artist.
  53. Re:in case it gets slashdotted by Anonymous Coward · · Score: 1, Informative

    It is simply because he doesn't want to be quoted out of context. I recall there being some problems with this in the past.

  54. Re:Crisis is the rallying cry of the tyrant by Anonymous Coward · · Score: 0

    Umm, It's already here.

  55. Not sure by einhverfr · · Score: 2, Interesting

    Personally, I am not sure that software patents are the overarching threat that people make them out to be. IANAL, though I have done some reading into patent law and have been thinking about the role of patents in the software industry for quite a while. I used to be afraid of them, but not anymore. Here is why:

    1) The really dangerous patents (say, required to interop with Microsoft software) may be vulnerable to court-ordered licensing in terms useable by the competition as per anti-trust law. (Again, IANAL).

    2) Although the theoretical danger of software patents partially revolves around the fact that nearly every software patent will be obsolete long before it expires, this actually serves to kill encumbered technology (such as GIF) because people are realizing that they don't want to be tied to dead-end technology. With unencumbered technology legacy integration is far more straightforward, and the cost is usually lower too. So encumbered technology only lasts a couple years before it is superceded by "good enough" unencumbered technology. By encumbered, I mean software technology with comparitively onerous patent licensing conditions.

    Look at the popularity of GIF today compared to PNG. Compare to where everyone was when Unisys decided to pursue their patent rights. This is a case in point regarding how patent encumbrance kills encumbered technology.

    3) Patents are *expensive* to enforce. After a few such suits and the fact that in the end they won't get much in the way of damages, companies will decide that suing open source projects over patents is simply not worth it and will go away.

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:Not sure by Tinidril · · Score: 1
      1) The really dangerous patents (say, required to interop with Microsoft software) may be vulnerable to court-ordered licensing in terms useable by the competition as per anti-trust law. (Again, IANAL).

      The part about "usable by the competition" doesn't seem likely to me. At best they will be forced to license it for a "reasonable fee" or even for free. But even a free-as-in-beer license would make it incompatable with the GPL as we have seen with Sender-ID.

      2) Although the theoretical danger of software patents partially revolves around the fact that nearly every software patent will be obsolete long before it expires, this actually serves to kill encumbered technology (such as GIF) because people are realizing that they don't want to be tied to dead-end technology. Look at the popularity of GIF today compared to PNG. Compare to where everyone was when Unisys decided to pursue their patent rights. This is a case in point regarding how patent encumbrance kills encumbered technology.

      I still see about as many GIFs as PNGs, but even if that were not the case, its a bad analogy. In that case the standards are interchangable. What about SMB, or Sender-ID, or various XML dialects to be used by MS office. These are places where it will be hard to roll-your-own in a market dominated by Microsoft.

      3) Patents are *expensive* to enforce. After a few such suits and the fact that in the end they won't get much in the way of damages, companies will decide that suing open source projects over patents is simply not worth it and will go away.

      Expensive is a relative term. To Microsoft, expensive means letting FOSS errode their revenue. They can and will spend whatever it takes to keep that from happening. It doesn't matter if Microsoft remains the dominent player it is today, or if tomorrow they start to go down in flames. Either way they will pull every legal (or illegal) trick available to them. A force the size of Microsoft will never go quietly.

      --
      XML is the best data format; unless your data needs to be read or written by a human or a computer.
    2. Re:Not sure by einhverfr · · Score: 1

      The part about "usable by the competition" doesn't seem likely to me. At best they will be forced to license it for a "reasonable fee" or even for free. But even a free-as-in-beer license would make it incompatable with the GPL as we have seen with Sender-ID.

      The problem is that, in the US, one is not allowed to use patents in ways which are inconsistant with antitrust law. IANAL though. In these cases, usually the monopolist is required to make available to the competition the patents required to restore competition to the marketplace.

      Sender-ID is not a good example at the moment because it would probably be argued that one doesn't really need the standards to interoperate since the technology isn't widely deployed at the moment. OTOH, patents covering MS Office formats, SMB, etc. would be larger issues.

      What about SMB, or Sender-ID, or various XML dialects to be used by MS office. These are places where it will be hard to roll-your-own in a market dominated by Microsoft.

      In many cases, SMB can be worked around. I see it as a, extremely nice thing to have but not, strictly speaking, necessary for interop. There is always CUPS/LPD and OpenAFS which can interoperate quite well across platforms (and Windows can use LPD protocol natively). The MS Office formats are the areas where the largest issues exist. But this is also where they are most vulnerable. They might decide to fight a war there, but it would be pointed out that they were using those patents to protect their Office monopoly, and using the Office monopoly to protect the Windows monopoly. I am not saying they would not try, but it would be risky for them.

      It doesn't matter if Microsoft remains the dominent player it is today, or if tomorrow they start to go down in flames.

      I don't think they can do much damage until they start to go down in flames, and once they do, they will only alienate their own customer base by such action, thus hurting themselves more than any of the competition.

      I wish I could say that Microsoft was smart enough not to try, but as a former employee, I will say that they have lots of smart people there who have significant problems seeing the big picture and are not nearly risk adverse enough.

      --

      LedgerSMB: Open source Accounting/ERP
  56. Like Should Exist? by bill_mcgonigle · · Score: 1

    I was thinking of some sort of website, done in PHP and MySQL or something. It would allow for people to file ideas, any ideas that they can think of. These would of course get stored in a database, which would then be available to the public. People could then comment on the ideas, come up with better ideas, etc.

    Should Exist might interest you.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  57. Re:in case it gets slashdotted by mrchaotica · · Score: 1

    Wow, I would have assumed France!

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  58. Yea right. by OmegaBlac · · Score: 3, Funny

    ...any more than you can expect to kill every monster in a video game: sooner or later, one is going to defeat you...

    Not if I activated the god code!

  59. Not only software by newandyh-r · · Score: 1
    "The patent system didn't cause the collapse of the entire Industrial Revolution due to patent infringement".
    Probably because the patent system then still paid more than lip-service to the terms "new" and "non-obvious" as necessary conditions for a valid patent.

    This problem is not unique to software - see http://www.inventored.org/inventors/Kearns/patents .html for someone who is proud to have several patents on something that was almost certainly not new nor non-obvious (variable intermittent screen wipers) yet was upheld by the courts.

  60. Re: RMS On How To Fight Software Patents by Anonymous Coward · · Score: 0

    I think Linux too needs an foundation which can
    file patents on behalf of linux developers. These
    pool of linux patents should then be used a
    weapon against companies who file patent
    infringment suits against linux users.

  61. Not necessary by CrystalFalcon · · Score: 1

    For example, a public foundation dedicated to holding patents in the public interest. Anyone with an idea could submit it to them; they would then obtain a patent on it, and license it freely to the public

    This isn't necessary. All you have to do to accomplish this is to publish the information. In a paper, on the net, wherever, as long as it's dated.

    Once published, something can never be patented.

    1. Re:Not necessary by HuguesT · · Score: 1

      Not quite. If *you* publish something then in the US *you* still have one year to patent it. Someone else can't. In most of the rest of the world if you publish then even you can't patent.

  62. You don't get it. by hopethishelps · · Score: 3, Insightful
    The important thing is to educate the politicians.

    That comment reveals a major misconception. You assume that if the pols knew what was best for the country, they'd do it.

    It's very difficult to get elected to Congress. The rewards for getting elected are huge, so there's a lot of competition (at the stage where it matters - getting nominated by the incumbent party). You have to be very smart to succeed.

    You may be thinking, "But pols are always saying stupid things, so how can they be smart?" Understand the answer to that question, and you will understand a lot about modern politics.

    What a politician says has nothing to do with what he/she believes. A politician says whatever is most likely to result in re-election.

    Educating pols is pointless. They're smarter than you, and better informed. Your only chance is to persuade voters to vote for better pols. That's extremely difficult, because corporate dollars are always against you. But it's always harder to do something effective than to do something pointless.

    1. Re:You don't get it. by Tomun · · Score: 1

      You seem to have confused the word "smart" with the word "greedy".

    2. Re:You don't get it. by Anonymous Coward · · Score: 0
      You seem to have confused the word "smart" with the word "greedy"

      You seem to have confused "motivation to win" with "ability to win".

  63. laws like software? by joostje · · Score: 2, Funny
    I mean, most laws I've read read like "if you do X, then the penalty is Y, unless...".

    That actually looks a lot like a software program to me, the only difference being the language it's written in.

    Now, wouldn't there be patents that describe algorithms that are actually used in the lawbooks too? That way, you could either make the lawmakers see that patenting software is like patenting lawmaking, or, if the lawmakers argue that the important thing here is the different language the laws are written in, then you could write a Law-to-C translator, that translates algorithms described in a law-like language to C (or any other computer-language).

  64. The best way to fight software patents by beforewisdom · · Score: 3, Insightful

    Is to make ordinary people who aren't involved with IT care about the issues.

    RMS started the free(dom) software movement because he was losing a lifestyle he cherished.

    Big money corporate players are starting to use their influence on the goverment to curb open source. The only way the free(dom) and open source people can stop this is to get strengt in numbers......ordinary people.

    Ordinary people are not acquainted with all of this stuff and if they were they don't have a non-abstract reason to care. It is just not part of their world.

    The best way to get them to care..........enough to yell at their representatives if the government pulls a fast one..........is to give them software that they love.

    That means easy to use.........not what a geek considers to be "easy enought"....and user support communities without an attitude about people who have no desire to make computers their avocation.

  65. The best defense is ... by Anonymous Coward · · Score: 1, Insightful

    A good offense. The free software movement should apply for patents on methods used in its own source code.

    When threatened with legal action for violation of a software patent, having a portfolio of our own patents would provide a means of defense. The company threatening us could be told to lay off, or we will search our own portfolio for patents that their software is using without a license.

    IBM, Microsoft, Sun, et. al., use this defense themselves. For-profit vendors of software are in a constant state of violation of one anothers patents. None of them seek enforcement, because it is a situation of mutually assured destruction.

    It is not logically inconsistent for the free software movement to oppose software patents and at the same time patent its own methods as a means of defense, so long as software patents continue to exist.

    1. Re:The best defense is ... by 808140 · · Score: 1

      It's a good idea, and sound, but it does have one major problem: Free Software development is mostly community driven, rather than financially driven. Patents cost an inordinant amount of money. FOSS essentially doesn't have the money.

      We don't function in the same sort of economy as they do; ours is more accurately a gift-economy. We 're awash in "gift currency", as it were, but unfortunately, patents still live in the old economy, and require acutal money to secure.

    2. Re:The best defense is ... by Anonymous Coward · · Score: 0

      Perhaps a consortium involving for-profit vendors of software could be started to obtain patents for methods in free software. Some for-profit vendors of software have a large part of their business staked in the success free software, particularly linux. IBM has already taken an interest in this issue. .

  66. RMS is no looney! by Fallen+Andy · · Score: 1

    When Richard first mooted his ideas (widely reported at the time by Byte) we all nodded and said "yes, this is how it ought to be" and stood by and ignored him. Don't *ever* dis that guy. He's got more balls than 100 of us together in the same room.

    If he didn't exist we'd have to invent him. The bad guys *have* to have demons to fear too don't you think?

    Personally, I hope and pray that someone sends RMS, ESR Guido and a few others on a world tour
    around universities so they can really kick ass...
    It would beat hearing Deep Purple from Lykavitos
    any day...

    Just my 0.02 euro...

    (Hey Paul, fund them please (quick Allen joke)).

  67. Richard's Way . . . by IAEBG · · Score: 1

    Or the Highway. Richard wants the whole world to think as he does and for some reason thinks shoving his philosophy down the throats of others will be helpful. I don't disagree with what he is saying, I just wish he'd stop trying to get back at MIT for letting The Man take away his programming buddies. He would come across as much more rational if he let the chip on his shoulder slip off.

  68. Open Ideas Compendium On Wikipedia Clone by Cycloid+Torus · · Score: 1

    Having read thru the threads, it seems we should put all of the patentable ideas that we might have into an open central dated source. Publishing in this manner establishes a compendium of "prior art". To do this well, we should ask the examiners @ USPTO how to organize and link categories. Then we should have inventors and engineers tell us how it could be useful to them. It then becomes a centralized resource for examiners to review while allowing those interested in sharing ideas an effective resource. See related topics: Ask The USPTO, Patent Generators, Make More Prior Art

    --
    Lost in space at an early age. Survived the vacuum. Now rebuilding castle in air.
    1. Re:Open Ideas Compendium On Wikipedia Clone by Anonymous Coward · · Score: 0

      > Having read thru the threads, it seems we should put all of the patentable ideas that we might have into an open central dated source.

      I agree.
      To make more and more ideas public, with reliable timestamp is really important to prevent patents.

  69. Do you have a list of good dateless PDFs? by goldfndr · · Score: 1
    great piece of art on the internet that they would love to use except it isn't dated
    If only the URLs for these was available or tracked somewhere, for future invalidation use. If the time has already been taken to find them, surely it wouldn't be much longer to track them?
    --
    Copyrights, Patents, Trademarks: temporary loans from the Public Domain, not real property ("intellectual" or otherwise)
    1. Re:Do you have a list of good dateless PDFs? by Anonymous Coward · · Score: 0
      A list of dateless PDFs, eh, barf. There are millions of these things. It results from the journal publishing process. You submit a paper, agree that it won't be published in anybody else's journal, the journal sticks a date on it and publishes 18 months later. After it's been published, people like to put the original PDF on their website. This creates a huge library of undated PDFs that are probably 12-18 months older than the publication date at ACM or IEEE.

      If these kind souls would just put a date indicating when they wrote the PDF, it would be a huge help. Examiners seriously don't have the time to keep track of all this stuff. I would think that the opportunity to prevent someone from obtaining a patent on work you have written would be incentive enough to date your stuff, but it takes all kinds.

  70. Re:We must fight them.. otherwise it will come tru by Anonymous Coward · · Score: 0

    Tinfoil hat alert. Better get yours now. Oh, and buy gold.

  71. Re:We must fight them.. otherwise it will come tru by slimyrubber · · Score: 2, Insightful
    Tinfoil hat alert. Better get yours now. Oh, and buy gold.
    Right now it seems that everything on that article has come true except for banning open source software.

    Did you even read the parent post?
    --
    [ I can not bring myself to believe that if knowledge presents danger, the solution is ignorance ] -- Isaac Asimov
  72. Sorry, "these" good dateless PDFs by goldfndr · · Score: 1
    It sounds like, if ACM or IEEE (or whoever else) was compelled to:
    • Include the submission date and any other date the author supplied
    • Request (or, better yet, require) within their submission guidelines that authors include dates in their submissions
    in the interest of invalidating or at least shortening future patents, this might take care of itself. I don't know enough about the ACM or IEEE or their journals to know if they care or are corrupt, but...
    --
    Copyrights, Patents, Trademarks: temporary loans from the Public Domain, not real property ("intellectual" or otherwise)
  73. Re:in case it gets slashdotted by Anonymous Coward · · Score: 0

    And note also that we are European, we're not likely to give a fuck if some guy does happen to wear a dress on a hot summer's day anyway. Americans have such strange hangups. No, mustn't show even a hint of tit on screen, but people's heads getting blown up is A-OK. Nutters.

    Well if they'd been wearing dresses and shown a bit of tit then we'd have not had to see their heads getting blown up.

    (Though the lack of concern in Europe for men wearing dresses and tits on the telly may explain away their apathy for real world matters such as terrorist bombings. "Oh who cares if a few Jews got blown up. We're not allowed to see their mangled carcasses anyhow and I'd much rather continue watching these cute transexuals showing their tits. Tell me if the Jews shoot a terrorist before he can blow them up and I'll tear my eyes away form the telly long enough to express my outrage.")

  74. COPYRIGHT INFRINGEMENT ON /. !!!! by hadaso · · Score: 1

    Hey! That article you copied was copyrighted!
    You infriged on the copyright by not including the following (copied from http://www.gnu.org/philosophy/right-to-read.html):

    Copyright 1996 Richard Stallman
    Verbatim copying and distribution of this entire article is permitted in any medium without royalty provided this notice is preserved

  75. Exceptions exist by iamacat · · Score: 1

    Say I hire 100 top computer scientists for a year and they find a way to sort text strings in O(n*log(log(n))) time instead of O(n*log(n)) for the average text in real life programs (If you think that's impossible, radix sort is O(n) for small integers).

    After the project is finished, I am $10M in the red just by paying $100K salary which is not unreasonable for a talanted individual in Bay Area. Add health insurance, office rent, bank interest and it can be easily double that amount. How do you propose I cover that cost? An $20M government grant is not a sure thing for something relatively obscure. Asking people to work for free and starve their families doesn't sound right. Maybe charge $1/copy to a spreadsheet developer who wants to use faster sorting time as an edge over Excel? Hmm, we might have something here.

    This is not justifying ridiculous patents like Amazon's 1-click or Apple's iPod scroll wheel. Also, the reason patents are published is to promote further innovation, so there has to be an exception for free software used for non-profit purpose. But if you want to abolish the whole instituation, you better prepare to cough up tax for those $20M grants.

    1. Re:Exceptions exist by kumanopuusan · · Score: 1

      Why would you go to so much trouble to develop the algorithm? If you need a faster sorting algorithm for business purposes, you would only spend $10M on the project if it was worth $10M to you. If you don't need the algorithm are you merely trying to beat others to patenting it so that you can extract licensing fees from them? For those purely interested in research, an end to software patents isn't going to put universities out of business.

      --
      Use of the words "good", "bad" or "evil" is almost invariably the result of oversimplification.
    2. Re:Exceptions exist by iamacat · · Score: 1

      Faster sorting is not worth $10M to a single small software company. However, it's well worth $100K a pop to a hundred of them. There are other ways to pool resources like consortiums and taxes, but a patent is unique in the sense that the invention is already made and you only pay for it if you need to use it.

      The problem comes when people don't do serious research and just patent an obvious or only way to do something. Perhaps courts should award large fines when someone demands a patent license for something which is not a groundbreaking invention.

    3. Re:Exceptions exist by adamdeprince · · Score: 1

      Hate to break it to you, but you just wasted your money. The radix sort operates in O(m); where m is the number of characters in the list of things to be sorted.

      But, wait, didn't you see that funky proof in CS 201 where they demonstrated that a sort must take O(n lg(n))? Well, radix doesn't break that for a simple reason ...

      If you have n unique strings, each string must encode ceil(lg(n)/lg(2)) bits to be unique. This means that for a list of n unique elements, your elements have to each encode lg(n)/lg(2) bits. Hence, the length of this datafile will be the number of elements * lg(n)/lg(2). If you consider real world data, such as last names, the bitspace is very very sparse, making your datafile a good deal longer than the O(n lg(n)/lg(2)) that the sort takes.

      The sort answer is Yes, the radix sort can sort a file in O( number of bytes ) no matter what the content or how long the keys.

  76. Re:I agree with the article - STUPID by Anonymous Coward · · Score: 0

    Another stupid slashdotter agreeing with whateva RMS says.

    bloody user... not an inventor.

    From your friendly patent attorney

  77. "Truly outstanding" by Randym · · Score: 1
    It's beyond me why any software patent exists unless it is a truly outstanding piece of work (i.e. cryptography algorithms, non-obvious sorting algorithms, etc).

    And that's precisely *why* we need software patents. Not all algorithms have been discovered. The primary reason people are against software patents is that they believe that *all* software patents are merely algorithms which are "obvious to experts in the field". That's simply not true.

    --
    DNA is a Turing machine. You, however, being dynamic and emergent, are not.
  78. Any patents covering neural nets ? by foobsr · · Score: 1

    ... and every software patent unjustly restricts how you use your computer ...

    More serious, the key issue - IMHO.

    CC.

    --
    TaijiQuan (Huang, 5 loosenings)