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Stallman Feeds Gates His Own Words

soloport writes "C|Net has published an article, written by RMS, in which Stallman points out that Gates is merely calling the kettle communist. Toward the end of the article, Stallman strengthens his point by feeding Bill his own words. Back in 1991, Bill said, in an internal memo: 'If people had understood how patents would be granted when most of today's ideas were invented and had taken out patents, the industry would be at a complete standstill today...A future start-up with no patents of its own will be forced to pay whatever price the giants choose to impose.' Now, if only Bill were as clear-minded on the subjects of Innovation and Interoperability."

53 of 647 comments (clear)

  1. Or it could be said... by iota · · Score: 5, Interesting

    Or it could be said that Bill just took his own advice. Depends on what he was looking to accomplish.

  2. Hehehe by halcyon1234 · · Score: 5, Funny
    "Stop repeating everything I'm saying!"

    "Stop repeating everything I'm saying!"

    "Stallman's a dork."

    "Stallman's a... HEY!"

    1. Re:Hehehe by Tackhead · · Score: 4, Funny
      > "Stop repeating everything I'm saying!"
      > "Stop repeating everything I'm saying!"
      > "Stallman's a dork."
      > "Stallman's a... HEY!"

      *pause*

      "Stallman's a GNU/dork?"

    2. Re:Hehehe by kurosawdust · · Score: 5, Funny

      Pfft. Richard Stallman is a genius - everybody knows he'd counter that tactic by grabbing Bill's arms and knocking them on his head, saying "Why are you hitting yourself, Bill? Why are you hitting yourself??"

  3. Perhaps bill should heed these words by shadowknot · · Score: 4, Interesting

    I think Bill could learn a lot from Stallman and by examining his own past and the way MS and Apple took the computer industry off of IBM in the early days.

    1. Re:Perhaps bill should heed these words by Anonymous Coward · · Score: 5, Insightful
      how to live off of academic endowments

      You say that like it's a bad thing. In reality, there's a huge amount of research done by universities that would never be done by private industry, simply because there's no short-term profit in it. I'm not defending Stallman in particular, but to criticize "living off academic endowments" is to spit on many of our best scientists. Nearly every famous chemist was a university professor. Many never worked in private industry. Linus Pauling comes immediately to mind.

    2. Re:Perhaps bill should heed these words by novakyu · · Score: 4, Insightful
      I am criticizing an academic who criticizes the fundamental economic principals that puts food in the mouths of software developers.

      What are these "fundamental economic principals" (yes, you spelled it wrong, but I'm not asking the question as a spelling nazi) that you speak of?

      There is nothing "fundamental" about selling softwares---bunches of codes that can be copied at a fraction of a cent. There might be question whether a completed software becomes public good or private property, but that's far from being settled, and in fact, in this point, I think computer science (or software industry, but computer science draws a better parallel) is an aberration in fields of science. When one discovers something in science (say, the technique of optical pumping, or nuclear magnetic resonance) it gets published in peer review journal and everyone gets to test (read: "use") it in their own laboratory. Imagine what would happen to physics if every physicist patented every experimental technique, theoretical derivation they discovered. Physics would always be 15 years (or however long those damn things last), and, yes, we would have had to wait until 1960 until the end of WWII!

      What is going on with softwares is an aberration---an error that should be fixed, despite corporations and corrupt politicians, and RMS, in spearheading this effort, is in no way violating any unwritten codes of academics. I know that academics are often criticized of living in the ivory tower, but is it too much to ask of a critic to say that they are criticizing when they are?

      PS. BTW, know the distinction between "capitalist" and "monopoly": ask any economist---capitalism, good, monopoly, bad (by default---there are, of course, special cases where monopoly is desirable).

    3. Re:Perhaps bill should heed these words by _Sprocket_ · · Score: 5, Interesting
      I think Bill could learn a lot from Stallman and by examining his own past and the way MS and Apple took the computer industry off of IBM in the early days.

      You're ALMOST on to something. Except for the fact that Apple didn't take anything from IBM. And that, more than likely, Bill has his own past in mind when he looks at the GPL.

      First - the early days of the Personal Computer. Apple pioneered the consumer personal computer market. Sure, there were microcomputers before Apple. But Apple was the first to put together a product that had such consumer-friendly features such as a keyboard and custom molded plastic casing. IBM dismissed the microcomputer as a niche market for hobbiests. That is, until the dawn of the spreadsheet. Visicalc revolutionized number crunching and made the Apple II a must-have device on the business desktop. IBM suddenly took notice of an exploding market. And since they were caught flat-footed, they had to rush to bring their own "Personal Computer" to market. This lead to several very important events. First, the OS was licensed from a third party rather than outright owned as was usually the case in computers until then. Secondly, in the rush to market, IBM's engineers selected mostly generic off-the-shelf components to create their product. The only gatekeeper in IBM's product was their BIOS. When a bunch of market-savvy former Texas Instruments engineers formed a company (Compaq) and managed to legally reverse-engineer that key... everything fell in place. The proprietary hardware market was soon dominated by the commodity PC. IBM lost control of their platform and was almost inundated by the wave that washed over the relatively young IT market. That wave almost swamped Apple too - Apple managed to maintain control of their platform. And in winning that battle, they lost. Apple went from being on the forefront of the microcomputer revolution to being a niche player; even further behind than IBM.

      So what's the lesson for Bill? Microsoft learned how to play the game from IBM. Almost every detested aspect of Microsoft's business strategy is simply a refinement of IBM's earlier days. But those roles would soon change. The revolution of the commodity hardware platform was a boon for Microsoft. Every "PC clone" was an additional sale to MS. And every PC clone was further lessening of IBM's direct influence over the marketplace. IBM would have to work with a growing chaotic collection of hardware players instead of deciding the industry's direction by fiat. IBM attempted to recapture their influence with the PS/2 and the proprietary Microchannel bus architecture. But that was rejected. IBM became just one of many players in the market.

      Now we're seeing the possible next stage; the commodity OS. Windows is just as important to Microsoft's financial and strategic success as the PC was to IBM. Most likely, Microsoft has a strategy in case they can't hold back the tide. But they would be better off if they can simply disrupt it.

      Ironically, IBM has been spending the last couple years paddling to get in position to ride that wave if it crests.
    4. Re:Perhaps bill should heed these words by Antonymous+Flower · · Score: 4, Insightful

      From Richard Stallman's original post to net.unix-wizards (1983) in which he announces GNU/GNU's not Unix:

      Why I Must Write GNU

      I consider that the golden rule requires that if I like a program I
      must share it with other people who like it. I cannot in good
      conscience sign a nondisclosure agreement or a software license
      agreement.

      So that I can continue to use computers without violating my principles,
      I have decided to put together a sufficient body of free software so that
      I will be able to get along without any software that is not free.


      This, along with the rest of the post, seems like a direct response to Bill Gates' Open Letter to Hobbyists (1976) in which Gates states:

      "Almost a year ago, Paul Allen and myself, expecting the hobby market to expand, hired Monte Davidoff and developed Altair BASIC. [...] Now we have 4K, 8K, EXTENDED, ROM and DISK BASIC. The value of the computer time we have used exceeds $40,000.

      and:

      "The feedback we have gotten from the hundreds of people who say they are using BASIC has all been positive. Two surprising things are apparent, however, 1) Most of these "users" never bought BASIC (less than 10% of all Altair owners have bought BASIC), and 2) The amount of royalties we have received from sales to hobbyists makes the time spent on Altair BASIC worth less than $2 an hour.

      Why is this? As the majority of hobbyists must be aware, most of you steal your software. Hardware must be paid for, but software is something to share. Who cares if the people who worked on it get paid?

      Is this fair?"


      and:

      "I would appreciate letters from any one who wants to pay up, or has a suggestion or comment. Just write to me at 1180 Alvarado SE, #114, Albuquerque, New Mexico, 87108. Nothing would please me more than being able to hire ten programmers and deluge the hobby market with good software."

      Mr. Gates has devoted his life to creating an industry, and it seems Mr. Stallman has devoted his to preserving the rights of those who use technology in response to Mr. Gates' inquiry. Mr. Gates' influence has been felt across the globe, and the influence of ideas by Stallman are still expanding. GNU GPL, written by Stallman, has given birth to the following behind Linux, has influenced the Creative Commons iniative, and influenced projects like Wikipedia and numerous other projects that 'share.' Wikipedia is incredibly successful, and sites are rapidly adopting the CC license for podcasting, music distrubition, etc. I have seen posts here on Slashdot regarding Stallman's statements as 'FUD' (fear, uncertainy, doubt.) I'm not sure this is fair; considering Stallman's record. The attacks on Mr. Gates by posters aren't completely unfair, but the man has changed the world and should be respected for that.

      Patents are tricky, because they do promote 'openness,' yet at the same time are ambiguous, restrictive and provide a government granted monopoly. The problems with patents have extended past these software patents, though. Biochemical compound discoveries are being patented. An idea of say, a difference engine or steam-powered engine, are different than the discovery of a naturally occuring compound.

    5. Re:Perhaps bill should heed these words by Karma+Farmer · · Score: 4, Insightful

      I will always be paid to write software to fill someone's needs. And paid pretty damned well, I might add.

      If you think my job will ever go away from "free software", you're obviously not a programmer.

  4. Well You know what they say about absolute power.. by phuturephunk · · Score: 5, Insightful

    Idealism dies when you actually get put in the big chair.

  5. Admittedly, RMS IS a Commie, but... by 7Ghent · · Score: 5, Funny

    Gates is merely doing what's best for the stockholders. Oh wait. That's HIM.

    1. Re:Admittedly, RMS IS a Commie, but... by Concerned+Onlooker · · Score: 4, Insightful

      Why would you "admit" that RMS is a commie when in fact RMS himself says he is not (in TFA)? Or is anyone who questions any facet of capitalism automatically a communist?

      --
      http://www.rootstrikers.org/
    2. Re:Admittedly, RMS IS a Commie, but... by Total_Wimp · · Score: 4, Insightful

      Even better, why do we give a damn if he is or he isn't? Is Free Software or Open Source suddenly a bad idea if one of its proponents supports a different political system?

      "Hark! I should buy all of my buggy, virus riddled software from the richest man on the planet because a communist created the GPL!"

      It's silly.

      TW

  6. Patents by dadjaka · · Score: 5, Insightful

    If Apple (or Xerox) had patented the GUI, we would still be stuck with DOS!

    So, if M$ patents everything it can get its hands on, what innovations would it stop?

  7. Let the ubiquitous RMS bashing begin... by Chordonblue · · Score: 4, Insightful

    ...but first...

    RTFA! I think he makes a valid, lucid point here and does a great job explained why software patents tend to be evil.

    --
    "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
    1. Re:Let the ubiquitous RMS bashing begin... by hdparm · · Score: 4, Interesting
      he makes a valid, lucid point

      That's what he always does. Love Stallman or hate him, man is a genius.

  8. That's nice. by Caspian · · Score: 5, Interesting

    Now, will this story actually get read by Microsoft-hugging MIS types and pointy-haired bosses?

    The problem with Stallman is that, brilliant as he is, he only ever seems to garner attention from those who are already on his side. He preaches to the choir and only to the choir, which is kind of useless when 99% of the world wouldn't know a Linux (err, GNU/Linux ;) ) from a lentil bean.

    What would it take to get a story like this onto the desk of every Gates-worshipping, MSFT-stock-owning, spyware-infested-Windows-machine-running, Gartner-Group-report-reading, pointy-haired boss?

    And... holy crap, Stallman trimmed his beard???

    --
    With spending like this, exactly what are "conservatives" conserving?
    1. Re:That's nice. by GNUALMAFUERTE · · Score: 5, Insightful

      "he only ever seems to garner attention from those who are already on his side"

      That's true, it's our work to reach other people. Richard is out there to remind us what Free Software is all about, our task, is to understand it, and help develop and spread it. And do it the way it should be done, which is, by showing the real ethical reasons to use this system, and not just technical advantages.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
  9. Eating Crow? by Shadow+Wrought · · Score: 4, Insightful
    One of the inherent problems with this kind of argument is that it assumes that opinions ought to be static. Frankly I think that beliefs and opinions should grow and change as one travels through life. What Bill Gates believed 14 years ago is certainly going to be different than what he believes now. That doesn't make what he said then any more insightful than what he says now. They are simply different. Now if RMS were comparing quotes within a couple weeks of each other (and no new information happened along in the intervening time) than I think it would be legitimate.

    For those of us with a few years between school and the present, I'd ask you if you really wanted to be judged by what you think now, or what you thought then? Does it really matter that you're opinion of a decade ago doesn't gel with your opinion of today?

    --
    If brevity is the soul of wit, then how does one explain Twitter?
    1. Re:Eating Crow? by chris_mahan · · Score: 4, Interesting

      You know, people are realizing that patents are a liability these days.

      If I am a big corp and I have a patent on X (let's say)

      And startup "Wewantfunding" goes looking for money to implement their plan to dominate the world, the VC will say: sorry, no money for you, your idea is already patented by BigMegaCorp.

      But it 40 hackers around the world are building FOSS, integrating some of the ideas of the patent into a radically new piece of software, then BigMegaCorp is screwed, because no matter how much money they spend (waste) on fighting this they can't recover it (since the 40 hackers are not a company--and they're poor(not even 1M between them all)). Plus BigMegaCorp will look like the bad guy and people won't buy their products (can you say Adobe (skylarov)), and they can't develop anything that uses their patent to compete, because the FOSS is most likely better and definitely cheaper, and they can't get rid of the patent because they mark it on the books as an asset.

      So now, BigMegaCorp calls HugeCustomer and says: Hey we have this new product that you'll love, it's patented, so send us $1M!
      HugeCustomer replies: "Hum, sorry, our admins just found this great little tool off the net that runs on linux and does everything your app does and then some."

      Finally, the patents are a drain, because they weren't cheap to get, and the idea was either to develop and sell a product on using the patented tech, license them to third-parties that need those functions, or sue the daylights out of any startup foolish enough to release a product based on the patents.

      FOSS makes all these arguments moot, and now companies are asking themselves why they should file for patents if they can't profit from them in the future.

      So yeah, FOSS is kicking ass.

      --

      "Piter, too, is dead."

  10. Missed the best line by X · · Score: 4, Interesting

    I thought the best line was: "Thanks to Mr. Gates, we now know that an open Internet with protocols anyone can implement is communism; it was set up by that famous communist agent, the U.S. Department of Defense."

    Of course, he's twisting the meaning of things as much as Gates has, but of course that's the point.

    --
    sigs are a waste of space
  11. Communists by fsh · · Score: 5, Insightful

    Technically, Mr. Gates is right. The whole Open Source idea is a communist idea, not in terms of Soviet Russia (where software owns you) but in terms of a community of workers all banding together to produce their own labor, instead of selling themselves to the capitalists.

    Seriously, folks, the current situation of Linux v. Microsoft is exactly what Marx and Engels were talking about.

    What the Open Source community has is what all communist countries thus far have lacked, which is the admission of only like-minded people. For a commune to work, the citizens must all have similar ideas with respect to how to interact with the outside world. In a nation, where all citizens just become communists, this simply isn't possible.

    --
    fsh
  12. Nope by JoeBuck · · Score: 4, Insightful

    Every important element of the modern GUI (windows, icons, menus, pointing device) was demonstrated by Doug Engelbart in 1968. His system even had something that looked a lot like a blog. The patents all would have expired long ago.

    1. Re:Nope by ScrewMaster · · Score: 4, Insightful

      If nothing else, Engelbart's work makes pretty good prior art. Or would, if the patent office here in the U.S. cared about such things anymore.

      Everybody likes to point out that Apple's MacOS was a rip of Xerox's Smalltalk, but that was really a rip of Engelbart (I think someone should create a Linux distro and call it "Engelbart".) But so what ... that was the way things worked back then, and everyone (including Microsoft) is better off because of it.

      You know what I think this is all about? I think it's all about fear of change. Realistically, considering the pace of progress in today's world, how long does any given piece of technology remain viable, marketwise? Not long, and the curve is accelerating. Which means that, really, the only security for a technology company is continous creation and implementation of new ideas (or new derivations of old ones.) And that means heavy investment in R&D, just to remain competitive. I think most of us Slashdotters understand that, and welcome it, as it keeps us technojocks employed if nothing else. I guarantee you that the Japanese understand that, better than anyone.

      Look at it this way: America's businesses (including it's high-technology outfits) are being run more and more by attorneys and accountants. People that, by their nature, are highly conservative, highly risk-averse. Sure, you can point to people like Steve Jobs and others that continually improve their products, but they are the exception. The worldwide whirlwind of technological debauchery that we are experiencing right now makes them very, very nervous. Why? Because it is completely unpredictable. But ... if one could just STOP all these annoying little people and their dinky little companies from creating anything new and disruptive, thereby controlling the pace of progress ... why, everything would be like it used to be.

      From a bean-counter's perspective, it's hard to bank on R&D. It's expense to begin with, and even worse a given line of research may not pay off (even though, on average, investment R&D pays back handsome dividends) and they'd just rather keep making the same old widgets and not have to worry about improving them all the time. Wasn't a lot they could do about that, though, until recently. Now, these statists have a really big gun in their arsenal: it's called "intellectual property". It gives them the power to effectively halt all technological advancement in this country except that which they deem acceptable. By "them" I mean monopolistic concerns like Microsoft, or indeed any tech company that prefers to compete on legal grounds.

      I don't like this state of affairs one bit.

      --
      The higher the technology, the sharper that two-edged sword.
  13. Re:Thats rich by aussersterne · · Score: 4, Insightful

    I knew how to rule the world in 1991 but unfortunately it changed. For the better.

    Yeah, Linux happened and Stallman's free software vision took off.

    --
    STOP . AMERICA . NOW
  14. Re:In fairness to M$FT... by cduffy · · Score: 4, Insightful

    Can you site an instance where M$FT ever sued someone on patent grounds?

    I can't cite a case where Microsoft sued on grounds of patent infringement -- but I can remember cases where they've threatened to, overtly or otherwise, without about as much effect. See their enforcement of vfat-related patents for an example.

  15. Re:Filter Time? by GNUALMAFUERTE · · Score: 5, Insightful

    Many of the news /. posts, are based on the work of RMS.

    Many don't agree with him, i respect that. But even when you don't agree with many things he says, most of you are using an operating system that exists because of Richard's Work. You are also using thousands of lines of code that he wrote by himself. He has proved in the past to have been right, and the fact that he continued with his fight, even against what most others told him, has benefited the whole community.

    So, don't agree with him if you don't want to, but at least hear what he has to say, you will learn a lot, and it's the least we can do to thank him for everything he has given us.

    ALMAFUERTE

    --
    WTF am I doing replying to an AC at 5 A.M on a Friday night?
  16. whack the stupid git by coolestdickofall · · Score: 5, Interesting

    FTFA: "If somebody sues you, you change the algorithm or you just hire a hit-man to whack the stupid git." - Linus Torvalds More people really need to take his advice...

  17. Re:In fairness to M$FT... by Anonymous Coward · · Score: 5, Interesting

    I'm posting AC for obvious reasons, but when I worked at MSFT (for a little over a year, I quit voluntarily), I was given a presentation on software patents by the legal department.

    They were clear in saying we/they were making a push to patent more, and that the patents are intended entirely to defend against litigation, as against "submarine" patents like those used in Eolas v. Microsoft.

    Take it for what it's worth...who knows if that's just the official line and the higher-ups have a different plan.

  18. Re:Well You know what they say about absolute powe by sTalking_Goat · · Score: 4, Insightful
    Pretty much. I think. Harold Weir from Freaks and Geeks said it best

    "Everyone's a Democrat until they get a little money." -

    --

    My days of not taking you seriously are certainly coming to a middle...

  19. CIFS patents used in attack by dunng808 · · Score: 5, Informative
    History does not agree. Consider Microsoft's patents on CIFS, which they used to attack Samba and the GPL. Below is taken from this 2002 CNET news article.

    Early history of CIFS

    The relationship between Samba and Microsoft wasn't always so contentious. In 1996, when Microsoft was just introducing CIFS, it had to contend with competition such as the Sun-Novell alliance behind Sun's WebNFS software. Microsoft at that time pledged that it was "making sure that CIFS technology is open, published and widely available for all computer users," and it noted that Samba used CIFS.

    Microsoft submitted the first version of CIFS to the Internet Engineering Task Force at the time, a first step in the standardization process. That process went nowhere, but a 1997 version of that submission is still available on the Internet. The submission made no mention of two related patents, which Microsoft received in 1993 and 1995. In addition, Microsoft shared information in a series of CIFS conferences that began in 1996.

    The patents, however, rose to prominence this year.

    In the technical document describing CIFS in Windows NT 4.0, Microsoft prohibits companies from using the information in software covered by the GPL, which includes Samba. Microsoft requires readers of the document who plan to implement its description to sign a license agreement that raises the specter of patent infringement.

    Specifically, the agreement grants a company a royalty-free license to two Microsoft patents but prohibits the developer from using the CIFS information in software that would subject that company to "intellectual property rights-impairing licenses," including the GPL.

    --

    Gary Dunn
    Open Slate Project

  20. Other 14 year old quotes by enjo13 · · Score: 5, Funny

    "The transfomers are WAAAY better than G.I. Joe" - me

    "Seriously, I didn't sleep with that woman. " - Governor Clinton

    "Remember what I said about taxes.. uhm, psyche!" - George Bush 1

    "Don't make me tell daddy" - George Bush 2

    "I bet I could make money on this internet thing" - Steve Case

    Ahhh.. good ole '91

    --
    Turn s60 photos into awesome videos with mScrapbook for all S60 3rd edition phones!
  21. Best part of the C|Net article... by Infonaut · · Score: 5, Funny
    is as usual, the comments section.

    There's an entire thread devoted to discussion of how much Stallman needs to "get a haircut," since of course how you wear your hair is an indicator of the worth of your ideas.

    Imagine if Einstein hadn't worn a crewcut his entire life. Where would we be then?

    --
    Read the EFF's Fair Use FAQ
  22. Marx and Engels by GNUALMAFUERTE · · Score: 5, Insightful

    "Seriously, folks, the current situation of Linux v. Microsoft is exactly what Marx and Engels were talking about."

    Of course it is. Marx and Engels talked about man tools, and how, a man , in orther to be truly free, should have access to the tools he needs. If the tools he needs to work, are owned by the rich, they become their masters, and can have him dominated.

    It's the same argument that Stallmans points out, about software, and, IMHO, it's a fundamental issue.

    There is a serious misguided idea that most USA citizens have, which is that communism = URSS, and that's an utter bullshit. The URSS was a corrupt dictatorship fighting for world domination (And we had 2 corrupt dictatorships fighting for world domination in that years, now there is only one left). Communism is an economic and social system, that (just like Capitalism) can work ok if implemented by honest people, or be a terrible weapon if implemented by a corrupt government. This is true for both systems. The issue is in the society, not on the system.

    ALMAFUERTE

    --
    WTF am I doing replying to an AC at 5 A.M on a Friday night?
  23. Patents and copyrights == communism by iamacat · · Score: 4, Insightful

    In true capitalism I can use any resources at my disposal to make money. Only murder and theft in the sense of breaking in and lugging away things is not allowed. If Microsoft sells Windows CDs for $100 and I can figure out how to copy my CD that I bought from them and sell copies for $1, nobody should interfere with me.

    So now companies come to government and say other people should give them money for something created without their further labor. Even worth, they want to tax an inventor who came up with their idea independenly. Any why? Because they "worked hard and they are good for the society"? Well cry me a river!

    That's social protection, and companies don't really need it. If not for patents and copyrights, businesses will form consortium to joinly invent something they can all then manufacture. And in particular software companies will sell personalized support for their software. Like a poolman, there will be a computerman that comes to my house and teaches me how to use software for reasonable rate. There will be some shake up and loss of efficiency, and maybe Microsoft will have 5 billion in the bank instead of 40 billion. But it will not be all bad, and much of the money will be in the pockets of Microsoft customers who are now overcharged for whatever wealth Microsoft actually created.

    We need social protection. We work for the good of the society and already don't get royalties, don't get paid again and again for the work we only did once. It's only fair we get some type of royalties first - like job security and the company that outsourced jobs paying for retraining costs for layed off workers. Then, once we are well protected, we'll think about shelling out a few bucks for their CDs that we can easily make ourselves.

    By the way, I am not arguing for unlimited social protection or that capitalism doesn't have benefits. But patents and copyrights are definitely NOT capitalism.

  24. the part stallman left out... by the-build-chicken · · Score: 4, Informative

    ...of the bill gates quote

    The solution is patenting as much as we can.

    In the article, RS is implying that Bill Gates once agreed with him on patents, and the quote he gives would make it seem so....however, if you include the bit that he "conveniently" left out, it reads quite the opposite, gates stance on patents has always been the same, and against RSs stance. Nice to know that Microsoft isn't the only one capable of FUD...well done RS.

    1. Re:the part stallman left out... by Omnifarious · · Score: 4, Informative

      I did not get the impression from the quote that Bill Gates had shifted his views from the time of the quote until now. It merely indicates that all the high-minded ideals Gates talks about when he talked about 'intellectual property' count for squat, and that what he's really interested in is a world where the large players can shut the small ones out before they get a chance.

      Here is a more complete version of the quote:

      If people had understood how patents would be granted when most of today's ideas were invented, and had taken out patents, the industry would be at a complete standstill today. I feel certain that some large company will patent some obvious thing related to interface, object orientation, algorithm, application extension or other crucial technique. If we assume this company has no need of any of our patents then the have a 17-year right to take as much of our profits as they want. The solution to this is patent exchanges with large companies and patenting as much as we can.

      Bill Gates in a 1991 memo called Challenges and Strategy

      So, yes, you are correct. But the first part of his quote clearly illustrates that he knows exactly what kind of world strong and pervasive patent protection will create. That's the world he wants, a world where the IT industry is at a standstill because everything is owned by Microsoft and they have no interest in going anywhere anymore.

  25. Re:In fairness to M$FT... by mboverload · · Score: 4, Informative

    No one would ever take Microsoft on. All they would have to do is threaten and that would be that. Just like the RIAA.

  26. Re:Well You know what they say about absolute powe by CosmeticLobotamy · · Score: 5, Funny

    You're just going to have to trust me. And stop masturbating so much, it makes me sad.

  27. Cut from the same cloth as Bill... by borschski · · Score: 4, Interesting


    Former Microsoft CTO Nathan Myhrvold obviously saw the intellectual property light: patent it no matter what and you'll own the toll-booth. Stallman's perspective is probably too little, too late and Gates' head has probably been here for years.

    Myhrvold started a company five years ago (Intellectual Ventures) that is focused on a strategy to "create or buy new ideas, accumulate patents--exclusive rights to use the inventions--and rent those ideas to companies that need them to do the gritty work of producing real products.">

    How is he doing this? As it says in the article, "To generate patentable ideas, Intellectual Ventures hired a dozen top scientists as part-time consultants to participate in several all-day gabfests each month, which the company calls "invention sessions." Lawyers transcribe the discussions, which can range from biotech to nanotech to solid-state physics, and follow up on the most promising ideas with patent applications." He's obviously the most visible person involved in this activity. Pretty soon (if not already) *any* idea you have had better be fully patent-researched before you embark on a new adventure.

    IMHO, this activity by people like Myhrvold (and the bleak state of the US Patent Office) is what is going to seriously hamper open source innovation and people taking risks to start up companies.

  28. Re:In fairness to M$FT... by laughingcoyote · · Score: 5, Informative

    From the second weblink:

    See this link, or:

    Avery Lee 00-12-05: ASF support removed at request of Microsoft

    Avery Lee, author of http://www.geocities.com/virtualdub/, a free software tool for converting multimedia file formats, reports sad news:

    Today I received a polite phone call from a fellow at Microsoft who works in the Windows Media group. He informed me that Microsoft has intellectual property rights on the ASF format and told me that, although the implementation was still illegal since it infringed on Microsoft patents. I have asked for the specific patent numbers, since I find patenting a file format a bit strange. At his request, and much to my own sadness, I have removed support for ASF in VirtualDub 1.3d, since I cannot risk a legal confrontation.)

    --From the above-cited link

    They didn't need to file a lawsuit, they eliminated competition just by THREATENING one. That's the whole problem here. This is not a "defensive" use of their patent, the creator of VirtualDub had not made a threat to MS that they were responding defensively to.

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  29. Re:Well You know what they say about absolute powe by StikyPad · · Score: 4, Insightful

    Wait, lemme get this straight.. When people are the underdog, they support measures to even the playing field, and when they're dominating, they support measures to keep themselves on top?

    Holy sh*t, people are only out for themselves? When did that start?

  30. Hypocracy is irrelevant by Digital+Pizza · · Score: 4, Insightful
    Bill Gate does what's best for Bill Gates, or more accurately, whatever it takes for him to "win". Winning at all cost means forgetting your principals, or never having them in the first place.

    When Microsoft was tiny, patents were bad for them; now they find them useful, simple as that.

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  31. it doesn't matter whether they sue by idlake · · Score: 5, Insightful

    Very few patent disputes with big companies ever become lawsuits, and it takes a while for lawsuits over patents to be filed (in fact, it can be in the interest of companies to wait a while). Microsoft has only started getting on the patent bandwagon fairly recently and they have already been throwing their weight around with patent-related threats.

    Furthermore, the notion of "defensive patents" is nonsense. In order to defend an idea against a patent claim, all you need to do is publish it (you still need the lawyers to actually win in court, but you need those also if you have a patent).

    The term "defensive patent" is really a euphemism for becoming a member of a patent cartel: the "giants" that Gates talks about, companies like IBM, Apple, Xerox, etc., have amassed huge patent portfolios that they are cross licensing. As a result, they can operate almost completely free of worries over patent infringement, while small companies that don't have cross licensing agreements are at constant risk of being put out of business by any member of that club. Well, Gates's solution to the problem has been to become a member of the cartel.

  32. Re:In fairness to M$FT... by mattspammail · · Score: 4, Funny

    Apparently you didn't read the "Allowed HTML" tag section when you were posting. Your tags didn't come out right.

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  33. Re:Where's the "-1: Idiocy" mod option? by novakyu · · Score: 4, Informative
    Big shocker that this garbage is coming out of Berkeley. First of all, you equate the value of software to the cost of duplicating it. Pretty convenient that you can ignore the cost of creating it in the first place. And as for software being a public or private good, that's why we have licenses. If you create the software, you get to decide which license to use. What an amazing system!

    So, what "fundamental economics principles" are you citing? Your developmental cost ("opportunity cost", cost of living, etc.) is part of "sunk cost." (And I believe one of the fundamental econmic principle was this: "Sunk costs are sunk", and another one "Sunk costs are really sunk".) I was referring to "marginal cost", which has to do producing an additional unit---i.e. copies---and it may be considered a "fundamental principle" (I'm not sure if it is, IANAE), but it is clear that "price of a good should exceed its marginal cost." Softwares (and intellectual property in general) are unique in that the marginal cost is phenomenally low---whether that justifies a phenomenally low price is arguable, but it is arguably the strongest blow against $200 softwares (which is one of the consequences of proprietary softwares).

    Now, with this understanding, does my point about RMS (and probably OSS) not breaking any "fundamental economic principles" get across to you? Don't let my domain (*.berkeley.edu) cloud your eyes---otherwise, my predecessors would have fought for free speech in vain.

    PS. BTW, you are forgetting that the corporations' support of software patents (which RMS is opposing) are nullifying the very force of licenses that you are so fond of. Would you like an "artistic patent" so that no artist/writer may "steal" an idea from another?

  34. Re:What is there to learn? by IgnoramusMaximus · · Score: 4, Insightful
    Bill is worth several Billion. RMS is worth what?

    Integrity, self-respect, moral clarity, admiration of peers ... I'd say RMS is infinitely wealthier then Bill will ever dream of being. It all depends what your "currency" is...

    I dont think bill needs to learn much from RMS.

    By this yardstick, Bill has nothing to learn from Mahatma Ghandi either... not that he would comprehend anything, ever. I sense you are belonging to the same school of thought Bill does: The Society of Insanely Greedy Psychopaths.

  35. Re:In fairness to M$FT... by BorgCopyeditor · · Score: 4, Funny
    Avery Lee 00-12-05: ASF support removed at request of Microsoft

    Can't quite make out that date format. Is it the 0th of December or the twelfth of Nonuary?

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  36. Re:In fairness to M$FT... by hunterx11 · · Score: 4, Funny

    Obviously. That would be as stupid as suing IBM without any evidence.

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  37. Re:In fairness to M$FT... by Col.+Klink+(retired) · · Score: 5, Insightful

    > entirely to defend against litigation, as against "submarine" patents like those used in Eolas v. Microsoft.

    The problem is that Eolas wasn't a competitor of MicroSoft, they are simply a patent portfolio company. If Sun came after MS and sued for patent infringement, then MS would be able to retaliate with its own patents. But what can you do to a portfolio company? They don't actually make anything, so they aren't violating any patents.

    Further, if MS justs wants "defense", then why are they pushing so hard for software patents in Europe. Why aren't *they* leading the fight to abolish software patents entirely? If their only concern was defense, wouldn't they be in a better situation if everyone were disarmed? Wouldn't they save a lot of money if they didn't have to patent everything?

    Oh, and if the VFAT patent licensure wasn't a submarine patent, I don't know what is.

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  38. Re:In fairness to M$FT... by ikkonoishi · · Score: 4, Funny

    I came up with my own date format once.
    It went YMYDMYDY.
    Please help me push it as the new international standard as I'm sure it will alleviate the confusion.

    Today: 20012055

  39. Re:Where's the "-1: Idiocy" mod option? by nels_tomlinson · · Score: 4, Insightful
    And as for software being a public or private good, ...

    Hate to screw up a good rant, but software is, by definition, a public good.

    A public good is non-excludable, and non-rivalrous in consumption. That is, like a streetlight, you can't keep people from benefitting by it (non-excludable), and you don't lose any of your benefits when others benefit by it (non-rivalrous). Schooling is not a public good, since it is easily excludable: just close the door of the school room.

    ... that's why we have licenses.

    No.

    Some public goods can be made artificially excludable by law. Lighthouses are a good example of this (lighthouses in England were once private, for-profit, very lucrative businesses). Software is another example of a public good which can easily be made artificially excludable. That's ``...why we have licenses'': to artificially turn a public good (information) into a private good.

    We originally began doing that because our constitution allows (but doesn't require) our congress to grant these monopolies:

    ``To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;'' (article 1, section 8, discussed here.)

    Whether it is still a good idea for Congress to grant those monopolies to all software creators is an empirical question, and the answer may be no. If we can identify any cases in which patents or copyrights are hindering progress in the sciences and useful arts, Congress would have no authority to grant those exclusive rights in those cases.