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Software Patents Could Stop EU Linux Development
sebFlyte writes "An expert in computer and Internet law has advised that if the CIID is passed in europe (which looks likely but is not certain) then the threat of patent litigation could bring European Linux development to a grinding halt." From the article: "There is no question that some of the open source software that is out there -- such as the Linux kernel itself -- has got patent violations in there. That is acknowledged. There is more danger that those potential violations will be litigated..."
..but don't they lose the right to sue after it has infringed openly for some time? Linux is as open as it gets. And it's been here a while too. Hell, it might even count as previous art against some of the more frivolous (ie most) software patents.
Why did they bother writing it? There are neither examples, illustrations, nor case studies that show WHY Euro Linux or other open source projects will be severely hampered. I'm not disagreeing with him, but his statements have all the informative value of Microsoft FUD.
Words from SCO or ... Microsoft?
Who else? Minor IP holders who lurk in the woodwork until something is making money before springing out and howling about how they've been wronged?
seriously, i expect i do see 'Mr.' bill working a penguin over with a blackjack
A feeling of having made the same mistake before: Deja Foobar
It's odd how every time a 'linux is on the edge of total destruction' article appears, it tends to come from a source that shuns it. I went to the downloads section and they have windows/mac/mobile sections. Could it be that ZDNet is about as interested in linux as microsoft is in making a better product for the sake of making a better product regardless of their development cost? My long time instinct is to say that ZDNet is so tightly focused on microsoft and mac they're pretty much against anything not 'mainstream'. Also, if there is 'no question' as to linux patent violations, why did the judge in the SCO v.s. IBM case stop short of directly accusing SCO of a dog and pony show and dismissing SCOs charges? Am I missing something, or is this another helping of FUD meant to feed the uninformed?
Also, does the FOSS comunity actively seek out new patents? That is, do FOSS developers patent those innovations that they produce with the intent of using them in a counter-suit? Even if the individual developers did (we're not talking the likes of IBM, and Novell, but rather Linus et al.), is there some way that the collection of patents could be transfered to such individuals for use in countersuits? Without a large patent portfolio, such small developers are easy pickens. The entire system is unbalanced and corrupt.
Also, if you bothered to RTFA, you'll see that this idiot (Jeremy Mark Malcolm) who's being quoted offers ZERO proof that there is, as he claims:
In other words, he pulled his factoids out of someone's ass (probably McBride's or Gates - oops "Sir" Gates to us peons).If you do a google for this guy, you'll see that he's no "legal expert", he's just some part-time (very part-time) lawyer trying to drum up a name for himself down under. His day job (for the last 7 years) is "Manager of Terminus Network Services" here.
The nazguls would eat him before breakfast w/o working up a sweat [tt].If you really want to laugh, here's a google cache of his home page.
I mean, come on, you want expert advice from someone who describes themselves like this:bwaahahahahaha - gee, too bad that the VAST MAJORITY of geniuses aren't stupid enough or insecure enough to pay for the "privilege" of belonging to Mensa.Anyone stupid enough to get suckered into paying some other group to say "Hey, they think I'm smart" is White House Press Corps "lob-a-softball-question-for-George" material.
How about we insist on forced open source as a price for patents?
I mean:
* You can't determine prior art if all the software is closed source.
* You can't defend against patents if your prevented from showing the prior art.
Therefore in exchange for patents, all software must be open source. Not just the patented bits (because unpatented bits may be prior art for future patents) - all of it.
That would fit with the Vacuum cleaner/Steam engine model, since as soon a Dyson puts out a new Vacuum cleaner its obvious from looking at it how it works. So it would put software in the same position.
Applying that to this situation, you'd need to have a few "obvious" software patents that they would simply have to attack. They would have no choice. You don't care about sacrificing those patents - in fact, the only way to really win IS to lose them - what you care about is setting a precedent that blunts or even disembowels their own patents.
One thing American culture isn't too good on is that sometimes the best way to win is to lose. You just have to lose the right way. Precisely because that is a weakness in American culture, it is very unlikely American businesses would know how to deal with it. They'd be far more likely to win first and understand the consequences later.
Those more into Doctor Who, in particular the story The Five Doctors, will recognize this strategy as the one Rassilon uses. To Win Is To Lose, and He Who Loses Shall Win.
It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)