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More on the Microsoft v. EU Decision on Software Patents

bollow (a) NoLockIn writes "As pointed out on Groklaw, Microsoft has told the EU's Court of First Instance that "certain of the communications protocols that the Commission requires it to provide are covered by patents or patent applications and that it intends to file, before June 2005, a large number of patent applications." In view of this, Poland's courageous action against software patents is a great relief. There's an online thank-you letter for Poland with already over 10000 signatures."

19 of 445 comments (clear)

  1. Oh, it's MICROSOFT! by Anonymous Coward · · Score: 1, Insightful

    You know, I read the headline, and I honestly could not figure out WHO'S sql server was being delayed. So I said to myself while opening it; why diden't the author of this specify which SQL server is being affected?

    On a slightly more seious tone (though I did honestly not know who's server was being delayed; I thought it was some no named server that I'd never heard of!), do not allow microsoft to pull another 'we own the word windows'; never shortern Microsoft SQL server, into SQL server- at the absolute least call it MS SQL, so that this way in 5 years they can't turn around and sue everyone who has SQL in there name!

    Don't believe me; look at lindows. hh

  2. IP laws in the internet age by Anonymous Coward · · Score: 1, Insightful

    I think you missed the thrust of the grandparent's comments. A better way to put it would be that the DMCA makes it trivial to prevent all legal copying. Do we threrefore need specific legal rights to restore the ability to create "fair use" copies? It may be impossible to prevent most forms of copying from a technical stand-point, but doing so makes you a criminal, even if what you're doing falls easily under "fair use" provisions. lq

  3. Software interfaces by Alwin+Henseler · · Score: 5, Insightful
    As far as I can tell, the judge wasn't impressed with Microsoft's arguments, and ruled essentially that software interfaces should be openend up enough to allow competing implementations of protocols, even if these happened to be patented.

    And also that documents defining protocols or interfaces may be copyrighted, but that fact alone should not prevent competing implementations of such protocols. Read: perhaps a patent covered protocol, a copyrighted document describing the details, but still allow 3rd parties to make their own implementation of it.

    Microsoft may have many bases covered, but sometimes the interests of society to enable inter-operating software, weighs heavier than the patent/copyright interests of a company. IMHO a very balanced, and righteous decision. It doesn't prevent Microsoft from making money with implementation of such protocols, it just levels the playingfield a bit for other parties who want to do that as well.

    If a software interface isn't so crucial, one might say: let company have its way, and consumers choose alternatives if they want to. But with 90+ % market share, a software interface can become crucial, or leave no real alternative. A legal decision like this is good, simply for putting at least some limits on corporate greed and vendor lock-in.

    If you can't beat them, make them irrelevant.

    1. Re:Software interfaces by ignavus · · Score: 4, Insightful

      "sometimes the interests of society to enable inter-operating software, weighs heavier than the patent/copyright interests of a company"

      In theory, the interests of society ALWAYS weigh heavier than the copyright/patent interests of a company. Patents and copyrights only exist (in theory and law, if not in practice) because (and to the extent that) they benefit society. They are NOT an inherent right.

      The law allows patents and copyright in order to increase the number of inventions and works of creative writing. If it can be shown ineffective at reaching that goal - or even worse, counter-productive - then patents and/or copyright should be abolished.

      That is why software patents are bad news - they correlate with a decline in innovation.

      --
      I am anarch of all I survey.
  4. Re:Don't forget Poland by IgnoramusMaximus · · Score: 5, Insightful
    Saddam Hussein = totalitarian dictatorship not giving anyone any rights only Saddam has power, absolute and totally corrupted power...

    but a reasonable chance of food on the table. Lousy but public health care. Public education. Tyrranical but secular governemnt which allows women to go to school and become professionals. And (bonus) not being blown up on the way to school. In time, with patience and some work perheaps a peaceful, bloodless, transition to less totalitarian form of government ala Eastern Europe.

    Liberated Iraq = democracy offering freedom for ANYONE to build a political party and candidates to sell for market value or give away free (whatever the the party boss desires)...

    You mean "anyone with sufficient cash and corporate support" ala USA. Wholesale theft of Iraq's resources by the Western corporations. Near total destruction of public infrastructure. 60% unemployment. 15% flat tax unable to generate revenues to cover even the most basic necessites of government. Laws dictated and set in stone by the occupiers (new government is not allowed to reverse these). 5-mile long lineups for gas in one of the largest oil producing counties. 100% prospect of either Islamic theocracy or civil war. Loss of rights for most females. Higher chance of getting your ass blown-off or shot-off then getting education. Non-existant medical care. Arrogant foreign army complete with mercenaries, "shoot first, ask questions later" checkpoints, cluster-bombing of cities and even modern rendition of concentration camps, gearing itself to stay in Iraq for foreseeable future (building permanent, hardened bases).

    If I were an Iraqi, the choice would be rather easy: Saddam as bad as he was, was an Iraqi problem and Iraqis would have dealt with him sooner or later, thank you very much, and truth be told the "liberation" will be spelled "conquest" in Arabic for generations of Iraqis to come.

    Also note that the assault on social foundations of Iraq is totally consistent with the philosophies US-led band of Christian-capitalist fundamentalist ideologues. It is part of their agenda and was indended to demonstrate that zero-government inteference, dog-eat-dog, survival of the fittest capitalism will produce miracles in the "new" Iraq. And all they had to do it is to kill 100,000 people (after starving to death another 500,000 earlier).

  5. Re:Don't forget Poland by oliverthered · · Score: 1, Insightful

    Democracy, making sure you can shit on 49% of the people to butter up the other 51%.

    Look at the UK if you don't believe me, Blair will get elected next time round, he's done the sums, he knows the liberals don't have a chance, so he shits on them. ID cards, dead people having rights (if you trying to shag them!), anti campaigner laws etc....

    They also know that the snobby Conservative voters are too few, so he shits on them too.

    Now he's just left with the 25k-60k income bracket people who just care about going to work and not having to see children on the way home and a few right wingers.

    fortunately that's about 55% of the population and he's got them buttered up a treat.

    The only possible chance we have of change of government is if some of those 25k-60k earners switch to Conservative and we get a hung election forcing in Proportional representation.

    --
    thank God the internet isn't a human right.
  6. Re:Don't forget Poland by IgnoramusMaximus · · Score: 4, Insightful
    any thoughts on converting the religious back to normality, I've tried lots of things from science to asking them to explain themself's until they got stuck in an illogical loop.

    Since it is important, I will follow you this far off-topic.

    I personally believe that religions are like computer and real-life viruses. Their only preorogative is to use their hosts to spread. The wellbeing of the host is not important to religion, the propagation of the desease is. Real-life viruses use various propagation mechanisms but the most similar would be an e-mail bourne computer virus that promises something a victim might want in order to get him/her to activate the payload. Similarily, religions offer to fullfil basic needs of sentient beings which are hard to satisfy otheriwse (explanations of their origin, universal "truths" about universe, simple rules to follow in daily life to achieve immortality, simple and reassuring explanations of exceedingly complex things etc etc) and as soon as the victim takes the bait, his/her mind is devoured and digested by the virus and quickly turned to its true purpose: further propagation. Loss of objectivity and acquisition of feverent zeal are just some of the effects of this destruction which are beneficial to the virus in its quest to spread.

    Some clever charlatans, seeing this power, made minor modifications to the virus code in order to use it for their own ends. Enter organised, institutional religion and all the fun that follows, Inqusitions, Crusades, Witch-hunts, Jihads and reclamations and ethnic-clensing of "God-given" lands being just the tip of the iceberg.

    How to cure this? Well, its tough. A mind once corrupted in-depth is damaged beyond repair I am afraid. It loses ability to function on its own, the virus having replaced critical thought functions. Your guess is as good as mine here but putting the victim into a logical-loop is not going to solve the problem, logic and reason being the first victims in the desease's progression. They will just "rationalize" it away somehow and move on merilly with the parasite clinging to their brain.

    P.S. I normally do not answer ACs because Slashdot does not email me when they post replies.

  7. Courageous act? by peterprior · · Score: 2, Insightful

    Why must it have to be such a courageous act? Shouldn't it be more an act of common sense?

    1. Re:Courageous act? by Builder · · Score: 3, Insightful

      Doing the Right Thing(tm) in politics these days is a career death sentence more often than not.

    2. Re:Courageous act? by Anonymous Coward · · Score: 1, Insightful

      Courageous because they're going to get fucking shafted by all the other money grubbing member nations.

      (Yes, I am a European, just an angry one)

  8. Letter to Wlodzimierz Marcinski by Shaper_pmp · · Score: 5, Insightful

    I would like to take the time to thank you personally for resisting pressure from special-interest groups with a vested interest in pushing software patents. Software patents are slowly stifling our industry, and by extension muddling and retarding our technological advancement as a species.

    The original aim of a patents was to grant a *temporary* monopoly, for the express purpose of encouraging innovation by allowing inventors to bring a new invention to market without having to worry about plagiarism. Software is not an invention - is is more akin to an idea, which was expressely *not* patentable for most of the history of patents.

    The US has (relatively) recently begun to allow the patenting of ideas - software algorithms, "features" of software, even "business models"(!), and this has almost completely co-opted the patent system from an inventor support mechanism to a business weapon - "You do what we want or we'll sue for infringement". This was never the intention of patents, and patenting of ideas instead of inventions has mired the entire US technology industry in litigation, and made independant developers afraid to write useful software in case it infringes upon a patent they didn't even know existed.

    Add to this the US patent office's blatant inability to understand the industry, and terrible track-record on prior art (eg, people were able to successfully patent the idea of "hyperlinks", even many years after the web became mainstream), and you have a situation where patents are issued almost carte-blanche, and it is left up to the legal system to decide who owns what (which rapidly becomes a case of "who can afford the most justice"). If it's left up to the legal system to decide on patent claims, invariably the richest company or individual will succeed, and many (most?) smaller developers and inventors are simply priced out of the market - they can't afford to defend their patents, so they aren't worth the paper thay're written on.

    This devalues patents as a concept unless the holder can afford hundreds of thousands of pounds of legal fees. This leads invariably to a type of techno-feudalism: the rich and powerful can own all the (intellectual) property they desire, while the poor have no rights they can defend - their right to own (intellectual) property exists in name only.

    I doubt this gigantic and unequal division between the "haves" and the "have-nots" is the *intended* consequence of a decision to allow software patents, but it is the inevitable one.

    Many thanks for taking the time to read this letter, and please continue to resist pressure from all those who would co-opt our laws and statutes for their own selfish ends. You have the support of the technology worker (even if not the technology companies) behind you.

    <name>
    <e-mail address>

    --
    Everything in moderation, including moderation itself
    1. Re:Letter to Wlodzimierz Marcinski by Anonymous Coward · · Score: 1, Insightful

      Regarding any specific example of a weak patent, such as "hyperlinks" or "one click shopping", I'd wonder why you don't mention the 1250-1500 patents issued by the USPTO on any given week of the year? It's really an easily defeated tactic of debate to point to something like 0.001% of a group and draw a conclusion about the whole. It might amuse you and like minded people, but there is not persuasive content in such an argument.

      if those 0.1% of patents allow whole buiness ectors to be terrorized then they indeed present a major problem.

      my personal belief is that copyright provided perfectly sufficiant protection for software and such software should not be patentable as well.

      another option would be to allow software patents only on condition that the full source code to an implementation was included in the patent.

      the us supreme court is an extremely powerfull and undemocratic institution that can change the law by changing how it interprets the constition (and in such complex things there is frankly a huge amount of leeway for different interpretations).

      also as you have said most of the costs of a proper prior art search are borne by the defendent. Is that really the kind of legal situation that is desirable.

      also patent applicats should not be allowed to change an application after submission.

  9. Re:Don't forget Poland by burns210 · · Score: 4, Insightful

    We never mocked them.

    (Some) Americans mocked Bush, not Poland, for calling the group he had formed a 'strong' coalition. When it was anything but. 1,000 brave Polish men and woman are in Iraq. 120,000 brave American men and woman are in Iraq.

    Some of us, while deeply respecting the sacrifices both nation's soldiers have made, do not call that a 'coalition. Alteast, not anywhere(anywhere!) near the same level the first gulf war had. THAT was a coalition.

  10. Re:Not quite peaceful by IgnoramusMaximus · · Score: 2, Insightful
    It was as violent and as bloody as it goes. New cemeteries we made to bury the dead. The sound of machine gun fire was in the streets for days.

    I am not sure which country you are referring to, I was thinking along the lines of Poland, Chechoslovakia, East Germany, Hungary etc. But of course things could have been more violent than that. The main point was that they would have never gotten so violent as whats going on now and furthermore the entire affair would have been an internal Iraqi issue as opposed to being Crusaders vs Jihadists.

    And now fifteen years later the old comunists are still ruling as the new rich.

    You certainly didnt expect anything else, did you? A sharp division between the "ruling elites" (The Upper Class, The Ivy League Club, Old Boys Network etc) and common people is what the Western capitalism (particularly the US version) is all about. If you wanted justice and equality, you should have tried to mend and repair that old Communist bus which Stalin and crew left crashed in the ditch, maybe after some refurbishing and updating it might have gotten somewhere, providing the communists ceased to fall for the age old trap of trading real money for glass beeds with their arch enemy.

  11. Re:How about... by jsebrech · · Score: 4, Insightful

    You're a fucking idiot who doesn't respect other's beliefs? My belief in God doesn't effect you in the least, so how about you back off and stop trying to call me mentally damaged?

    OK, I know people who believe can believe strange and illogical things, but that is ridiculous. Do you honestly believe that people who have faith don't influence the lives of the atheists and the agnostics? How about the hundreds to thousands of "morally" inspired laws which make no sense from a non-believer point of view, like the ban on gay marriage? How about the requirement to hold a christian-style faith (or pretend you do) before you can credibly be elected to a national public office (name me a muslim or openly agnostic senator, I dare you)? How about the immediate social stigma you gather in tons of circles when you admit to not believing in God?

    It would be easier to have respect for the faithful if they had any respect for the non-faithful. As it is, a lot of faithful not only do not respect those who choose not to hold that faith, but actively attempt to enforce religious dogma onto those people. Like trying to replace the reality of evolution with the dogmatic fiction of creationism. (This, incidentally, is where the "mentally damaged" remark comes from. Denying reality is a hallmark of the insane.)

    Let's be honest here, you're not being true to your faith if you're not actively trying to turn people who don't believe (since almost all faiths require this). So the better a believer you are, the more likely you are to be affecting the life of the person you replied to.

  12. Re:How about... by TheOldFart · · Score: 2, Insightful

    What is really funny about this, is that they contradict the same believe system they swear by. I'm specifically speaking of Christians here, the weird evangelicals who are taking control over this country.

    I'm really tired of seeing these idiotic bumper stickers proclaiming their love for Jesus as if you don't, you don't deserve to live. From what I know, what Jesus tried to tell people was to have love in your heart, be tolerant, inclusive, care for others, etc. These people are anything but that. They have nothing but deep hate for those who aren't clone of themselves, they are extremely intolerant, highly exclusive, and don't give a fuck about you unless you belong to the same clan as they do.

    This, by the way, is a verbatim description of the radical Muslims they so specially hate.

    Go figure...

  13. Re:Don't forget Poland by Dehumanizer · · Score: 2, Insightful

    Iraq has nothing to do with "terrorism". "Terrorism" is just Bush's excuse to do whatever he wants, wherever he wants. "If you don't agree with us, you're supporting terrorism."

    What's worse is that many people fall for it.

    --
    The Tlog - a technology blog
  14. Re:Don't forget Poland by 16K+Ram+Pack · · Score: 2, Insightful
    It's much worse than that.

    All you need is to win by 1 vote in more seats than your opponents. You could in theory win an election with a very small percentage of the vote. Labour are likely to get a healthy parliamentary majority with less than 40% of the vote.

    Parties like UKIP are a concern for the tories. In effect, the tories could lose a seat because their vote gets split two ways. So, even though the majority don't want a party, they get in.

    It's why first-past-the-post is a terrible system, and for all it's faults, PR is better.

    I believe that the next election will spark a massive public debate about this, because the number of fringe parties (eg UKIP, Greens, socialists, BNP) will start making a difference.

    If people really want to make a difference, help to fund a fringe candidate who works in the same sphere as your opponent and help to split the vote.

    Also, you don't even have to butter up the other 51%. They only have to be fractionally in preference to you than the rest. Personally, I can't really stand any of the parties. Show me a libertarian party, and I'll vote for them.

  15. Re:How about... by Alsee · · Score: 2, Insightful

    I believe in God because I don't believe the universe can just exist.

    I believe in the universe because I don't believe god can just exist.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.