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Software Patents Stopped in India

piyushranjan writes "Indian parliament deleted the section from the patents bill regrading the software patents as left parties prevailed over the Government on the issue. This may be a major victory for free software foundation(fsf) which has been lobbying hard against the bill."

300 comments

  1. wow, I guess we'll... by ^me^ · · Score: 4, Funny

    all move^Woutsource ourselves to india now!

    --
    No one ever says, 'I can't read that ASCII E-mail you sent me.'
    1. Re:wow, I guess we'll... by aussie_a · · Score: 5, Funny

      One of these days they're going to invent something, and they'll call it a backspace key. It will allow computer users to delete what they've already typed, without having to type ^W or ^H

    2. Re:wow, I guess we'll... by Soko · · Score: 4, Funny

      One of these days they're going to invent something, and they'll call it a backspace key. It will allow computer users to delete what they've already typed, without having to type ^W or ^H

      Yeah, but it'll be patented in the USA, so posts like the trol^Wgrandparent won't be going away for a while.

      Unless, of course, you're posting from India. ;-)

      Soko

      --
      "Depression is merely anger without enthusiasm." - Anonymous
    3. Re:wow, I guess we'll... by Anonymous Coward · · Score: 0

      like the decimal number system?

    4. Re:wow, I guess we'll... by Koiu+Lpoi · · Score: 1

      I predict that when this happens, Slashdot's humor rating - such as it was - will drop abysmally.

    5. Re:wow, I guess we'll... by sepluv · · Score: 1

      Can it drop abysmally when it is already at the very bottom of the great abyss? 'Tis the question.

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    6. Re:wow, I guess we'll... by gstoddart · · Score: 1
      One of these days they're going to invent something, and they'll call it a backspace key. It will allow computer users to delete what they've already typed, without having to type ^W or ^H

      I realize you're being flippant, but for those of us who remember back in the day of depending on the terminal you were at, having documents with those ^H in 'em so when you thought you'd eeleted stuff it was still in the document. Made for some funnies.

      Young punks -- don't even know why all of the jokes are funny. Hmmm, gotta add some coal to the CPU fire.
      --
      Lost at C:>. Found at C.
    7. Re:wow, I guess we'll... by Koiu+Lpoi · · Score: 1

      Can reality TV get any worse?

    8. Re:wow, I guess we'll... by vsync64 · · Score: 1

      Yes, we read jwz too.

      --
      TO BUY A NEW CAR WOULD MAKE YOU SEXUALLY ATTRACTIVE.
    9. Re:wow, I guess we'll... by cas2000 · · Score: 1

      ^W is prohibited technology in america, anyway, as the un-president refuses to acknowlege any control or legal limits on his actions.

  2. Not only the FSF by carlmenezes · · Score: 4, Interesting

    But also our president has openly suggested to our schools, universities, defence and government organizations to switch to open source. He's one president I really admire. A very learned and very humble man.

    --
    Find a job you like and you will never work a day in your life.
    1. Re:Not only the FSF by Anonymous Coward · · Score: 5, Funny

      Clearly a godless communist, regardless of what they say. It's time for a pre-emptive strike to bring True Freedom (American Version) to their country.

    2. Re:Not only the FSF by Anonymous Coward · · Score: 0

      Thats really great!

      Thanks Govt.

    3. Re:Not only the FSF by Anonymous Coward · · Score: 0

      Never mind that that they will nuke the shit out of NY, LA and rest of the other cities. But hey, that's fine as long as they nuke Washington, too, right..

    4. Re:Not only the FSF by sriram_2001 · · Score: 0

      No he didn't say that. See http://dotnetjunkies.com/WebLog/sriram/archive/200 5/04/07/62728.aspx

    5. Re:Not only the FSF by Anonymous Coward · · Score: 0

      You, sir, are a troll and a fucking loser. Asswipe

    6. Re:Not only the FSF by dodobh · · Score: 2, Funny

      Too late. Your defense system was found to be too expensive and has been outsourced to India.
      Enjoy your stay.

      --
      I can throw myself at the ground, and miss.
    7. Re:Not only the FSF by FidelCatsro · · Score: 2, Funny

      Took me a few seconds to realise you were from india .. For a minute i thought you were from the USA and "on" some-thing

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
    8. Re:Not only the FSF by Anonymous Coward · · Score: 0

      BTW it was a joke , not a troll .

    9. Re:Not only the FSF by Anonymous Coward · · Score: 0

      Goddamn elitest raghead president. Reaks of curry and BO like the rest of them im sure.

    10. Re:Not only the FSF by Gopal.V · · Score: 2, Interesting
      He's one president I really admire. A very learned and very humble man.

      It's really sad that he holds no real power in India, unless there's an out & out war (in which case he commands the army, navy and air force). Nehru made the president a rubber stamp, which is why intellectuals like Adbul Kalam ended up in that seat.

      I have a feeling that he'd do much better just to go back to Nuclear research. This feels so much like Newton being in the house of commons. But yeah, he's capable of using what little power he has to beat down *commision* vendors for government.
    11. Re:Not only the FSF by Deusy · · Score: 3, Insightful

      Whilst I'd like to believe that this was a decision made on moral grounds, with a belief that a patent-free software world would be a more innovative one, I struggle to accept that this is anything more than a good economic strategy - including embracing open source software.

      Do Indian companies really invest in patents on a scale similar to American or European companies? I doubt it. By eliminating software patents, India paves the way to preventing foreign companies from exploiting their software-related patents.

      And open source software can be better rooted and supported in India. Why give the money to foreign companies for large volumes of license fees when you can be paying your own people to implement solutions that already exist. Short of an Indian company developing an operating systems, open source software is the best choice for keeping software-related expenditure within the Indian economy.

      --

      Free Gamer - Free games list and commentary

    12. Re:Not only the FSF by at80eighty · · Score: 0

      not to nitpick...but is he 'elitist' because he would spell 'reeks' correctly?

    13. Re:Not only the FSF by aalu.paneer · · Score: 1

      you are wrong. seat of president is VERY powerful. he does not deal with day to day decisions. but he does have power to make sure sonia (born in italy, has not renounced that citizenship, fled to italy whenever india was attacked by pak and china, etc) did not become PM )one who takes day to day decision) and make sure when a elected official is NOT officially invited to form government by executive branch.

      --
      where did my sig go? where's my sig at?
    14. Re:Not only the FSF by junkcode · · Score: 1

      FYI, he also said... "Microsoft has done pioneering work in providing a cost effective operating system for the Personal computer segment, which is indeed user friendly" http://www.presidentofindia.nic.in/scripts/eventsl atest1.jsp?id=848

      --
      --- infoGreG
    15. Re:Not only the FSF by Anonymous Coward · · Score: 0

      Actually, The president (Dr APJ Abdul Kalam) is a Muslim. Therefore, he must be an evil, perverted terrorist. So let's get the pre-emtive strike going.

  3. More jobs to go by Anonymous Coward · · Score: 3, Interesting

    Can companies move their bussiness their to avoid patents in the own country?

    1. Re:More jobs to go by Anonymous Coward · · Score: 5, Informative

      No. An American company selling in India is not subject to software patents in respect of the products sold in India because India has no software patents. An Indian company selling in America is subject to software patents in respect of the products sold in America because America does have software patents.

      An Indian company can apply for software patents in America which will be valid in America, just like anyone else. Those patents won't be valid in India regardless of where you company is based.

    2. Re:More jobs to go by DeepHurtn! · · Score: 2, Insightful

      Well, sure, but their tech will still be subject to the patents in any country that recognises software patents.

    3. Re:More jobs to go by Anonymous Coward · · Score: 0

      1) Move company to India
      2) ???
      3) Profit!

    4. Re:More jobs to go by lawzeus · · Score: 1

      to me the law has just been silent , by deleting the section ,we cannot assume that the courts will be condoning patent convicts in India .and besides it against the WTO and TRIPS aggrement to which India is commited .It just means that software created IN INDIA cannot be patented but for patented technology elsewhere used here would depend on the contract btw parties and other facts .tricky tricky tricky

    5. Re:More jobs to go by Anonymous Coward · · Score: 2, Insightful

      >>Can companies move their bussiness..to avoid patents
      >No

      Actually this is wrong. You are liable for patents separately for development and for selling. Normally licensing fees are split between the two places (since the rate may vary). By moving to a patent free country, you have a better bargaining position.

      Also, more importantly, since you aren't infringing in the development country, you can either ensure that you hide the techniques you use (proprietry), or provide the patented functionality as a free additional download from a "patent haven" (open source), neither of which will directly remove liability, but which will make you a much smaller target.

      So you avoid alot of risk and, even if you are a company which aims to use patents, you should still do your development in patent free countries. Remember, just because it's invented in India doesn't stop you patenting it in America, but it does stop them from suing you for the techniques you used in developing the patent.

    6. Re:More jobs to go by EzInKy · · Score: 1

      Well, sure, but their tech will still be subject to the patents in any country that recognises software patents.

      Which countries, if Europe does not legalize software patents, would that be? If this trend continues it could very well end up leaving US companies unable to compete in a free world market.

      --
      Time is what keeps everything from happening all at once.
    7. Re:More jobs to go by archeopterix · · Score: 5, Interesting
      No. An American company selling in India is not subject to software patents in respect of the products sold in India because India has no software patents. An Indian company selling in America is subject to software patents in respect of the products sold in America because America does have software patents.
      That's true, but what happens if I move my application servers to India, process my data there using all the patented techniques I need and then send it back to US?
    8. Re:More jobs to go by SQL+Error · · Score: 1

      That's true, but what happens if I move my application servers to India, process my data there using all the patented techniques I need and then send it back to US?

      Depends on how much money the patent-holder has.

      Having said that, wait ten or twenty years while India builds up its software industry, and then see what their stance on software patents is. I doubt the current decision is entirely selfless.

    9. Re:More jobs to go by AviLazar · · Score: 2, Insightful

      An American company operating in a foreign country is subject to that foreign countries laws and American laws. That is one of the "problems" with American companies going to other countries. For example, in some countries it is not only legal but it is expected of you to bribe a gov't official if you plan on getting a permit to do something. In the US that is a big no-no. Now American company wants to get the permit - they are kinda screwed - damned if they do, damned if they don't.

      Now is an Indian country subject to American laws if they trade with America? Well that depends on the trade treaties between the two countries - but I would bet money on the trade agreements having some verbage about respecting American law if you want to trade w/America (and vis a vis).

      --

      I mod down so you can mod up. Your welcome.
    10. Re:More jobs to go by crazy_monkey · · Score: 1

      this story seems to cover that (note second +5 comment)

      http://hardware.slashdot.org/article.pl?sid=05/0 1/ 19/1727255&tid=215&tid=155&tid=193&tid=219

    11. Re:More jobs to go by Alsee · · Score: 1

      what happens if I move my application servers to India, process my data there using all the patented techniques I need and then send it back to US?

      Then a lot of lawyers get very very rich.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    12. Re:More jobs to go by drseuk · · Score: 1

      William Hill (a UK betting firm) tried and failed to do this by offshoring their servers in Bermuda (IIRC) and processing UK customers' betting transactions there. "Importing" (a.k.a., using a network such as the Internet) a patent is still technically an infringement.

    13. Re:More jobs to go by Anonymous Coward · · Score: 0

      Yup, tricky I agree. The reason: it just boils down to if the rich corporations can make money easily one way or the other. However they can conveniently make money, with no regards to bettering the world.

      Might I mention how I love how the 401k setup helps companies and often (me for one) screws over the investors. I'd rather have some nice guaranteed retirement deal. And of course somebody is trying to get rid of the Soc. Security retirement deal being guaranteed. What a deal! It's just insane to think companies can get all this "free" money... and if the company doesn't work out (they rarely do... what's the %age... 10-20% make it past the first year or two?), well who loses? The people. Crazy.

      While I'm at it... I wish I was in the old days and could start a bank. Let's see... OK everybody, give me all your money... and I'll give it back to you later. In the meantime, I'll use it to make these companies richer... in return they'll give me money... and if it doesn't work out I promise you won't miss your money much. I mean hell, you were poor to begin with. Even back in these days something like .1% of the population in the US hold 90% of the wealth. That's fair! Too bad there isn't a commu-ocracy that works.

      Well, on the bright side, I have *never* met or even heard of a wealthy family that was happy. They are alway sueing each other over money, cheating on their spouses, and ignoring their kids. Lack of respect all around, and money-loving nonsense. I'd rather be not that well off and smart enough to concentrate on the important things in life most of the time.

      ------
      to me the law has just been silent , by deleting the section ,we cannot assume that the courts will be condoning patent convicts in India .and besides it against the WTO and TRIPS aggrement to which India is commited .It just means that software created IN INDIA cannot be patented but for patented technology elsewhere used here would depend on the contract btw parties and other facts .tricky tricky tricky

  4. Attention U.S. Citizens! by Thumpnugget · · Score: 5, Funny

    We have begun the process of outsourcing your freedom! The stormtroopers will be by shortly to collect any remaining freedoms, so we can send them to a foreign country where it will be cheaper to maintain them. In the meantime, sit tight, don't go anywhere, and please refrain from speaking with other citizens or posting to the Interweb with those blog thingies. Don't like it? Maybe you should have spoken up before the process began, like they did in India. Have a nice day.

    Thanks,
    The Government

    --
    Free yourself. Everything else will follow.
    1. Re:Attention U.S. Citizens! by Nadsat · · Score: 3, Funny

      This Just In: USA to Transfer Statue of Liberty to India

    2. Re:Attention U.S. Citizens! by Anonymous Coward · · Score: 0

      posting to the Interweb with those blog thingies

      I think you mean "the internets".

    3. Re:Attention U.S. Citizens! by ImaLamer · · Score: 5, Interesting

      You actually have a good point though.

      What India has over the United States is that they not only have our technical jobs but they also have no legal restrictions on taking any technology learned during that "cultural" exchange.

      Technology is what keeps a superpower on top. The Masons knew it, that is why they exist(ed). (Technological) Secrets make a nation thrive and the fact that the United States and Europe will restrict software developers with draconian laws makes our chances nill. If we continue to lead the way in innovations they will be copied at will overseas making *only* our citizens the ones to pay the price for intellectual property. Where will that leave us?

      Our patents won't mean a thing when India and China make up most of the computer/internet users and developers. I'm afraid that we will be trying to play fair while others won't - reminds me of the game show "Friend or Foe", everyone must agree or everyone loses. I'm drunk, but look more into China and Russia's copying of CDMA technology to learn more about how we can lose...

    4. Re:Attention U.S. Citizens! by Anonymous Coward · · Score: 0

      There's no point in acting all surprised about it. All the planning charts and demolition orders have been on display in your local planning department on Alpha Centauri for fifty of your Earth years, so you've had plenty of time to lodge any formal complaint and it's far too late to start making a fuss about it now.

    5. Re:Attention U.S. Citizens! by Anonymous Coward · · Score: 0

      They also got HOT BITCHES

    6. Re:Attention U.S. Citizens! by archeopterix · · Score: 1
      I think you mean "the internets".
      It's "internetii"
    7. Re:Attention U.S. Citizens! by antic · · Score: 1


      The US won't be trying to "play fair", they'll be playing by *their* rules.

      Then if it were, say, the US vs Australia, Australia would bow to mimic the US legal restrictions in order to maximise benefits in a free trade agreement and/or of protection provided.

      When it comes to US vs China, will China care for that bargaining power? On the point of security, not at all. On the point of a free trade agreement, I'm not sure.

      --
      'Thats they exact same thing a banana wrench monkey.'
    8. Re:Attention U.S. Citizens! by PetoskeyGuy · · Score: 1

      Give me your tired, your poor, your huddled masses yearning to breathe free...
      Yeah, that's something you want to carve on a gift you give to another country. Of course if things keep up like this then perhaps that will describe the US.

    9. Re:Attention U.S. Citizens! by rowanwise · · Score: 1

      Call me ignorant, but doesn't this affect the ownership rights American companies have of software that was developed in India. I mean whos to say that the code won't be shared since there's no patent on it? And if they share that code with other developers, how will this affect software sold and/or used in the US?

    10. Re:Attention U.S. Citizens! by koreth · · Score: 2, Insightful
      I'm afraid that we will be trying to play fair while others won't
      That is, if you consider software patents "playing fair." I consider them more like "playing stupid" and frankly as a country we deserve to fall hard on our ass if we keep making dumb decisions that limit our own freedom to think.

      That's what software patents are, at the end of the day; software is just a representation of a thought process (have you ever stepped through code in your head?), and patents say, "Sorry, you're not allowed to solve problem X using mental model Y because person Z filed some paperwork on it already."

      I consider the Chinese, and now Indian, approach to these matters far more realistic and I believe we'll see those two countries pull ahead of us in software for that reason among others.

      A decade or two from now if you want to browse the source code for the latest nifty application, you better shuo putonghua.

    11. Re:Attention U.S. Citizens! by notherenow · · Score: 0

      Bravo brother, bravo!

      --
      We all dance, we all sing.
      -The Streets
    12. Re:Attention U.S. Citizens! by LaCosaNostradamus · · Score: 1

      "Sorry, you're not allowed to solve problem X using mental model Y because person Z filed some paperwork on it already."

      But that's what happens when liberty disappears, and enormous and entrenched interests try to protect their market share. Since they can't or won't innovate to continue to prosper in the marketplace, they use force to secure a position.

      I don't want to overuse the word "innovate" here. I am using it in the broadest possible sense. When you innovate, you change your business constantly ... some years you will have small changes, but in other years they will be large. This change is necessary since profit margins tend to fall over time as the economy shifts around the business action in question. Basically and most crudely, you must innovate to compensate for a maturing market and a falling profit margin.

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
    13. Re:Attention U.S. Citizens! by Anonymous Coward · · Score: 1, Insightful

      I'm afraid that we will be trying to play fair while others won't...

      Actually, trying to force our patent laws on developing countries is exactly how we play *unfair*! Western companies already have a lead in the size of their patent portfolios, and if developing countries recognize those, they will find it nearly impossible to develop outside the shadow of these pre-existing patents.

      Remember, the U.S. didn't 'play fair' for the first 100 years (they didn't recognize foreign patents) because they were in development mode.

    14. Re:Attention U.S. Citizens! by Anonymous Coward · · Score: 0

      I'm afraid that we will be trying to play fair while others won't

      Oh, that is a laugh riot.

      Is it "playing fair" to keep billions of dollars of unjust tariffs when WTO time and time again rules in favour of Canada's forestry companies?

      The USA deserves all that it gets.

    15. Re:Attention U.S. Citizens! by rpillala · · Score: 1

      can get Christo to make the sari

      --
      When the axe came to the forest, the trees said, "Look out - the handle was once one of us."
    16. Re:Attention U.S. Citizens! by Anonymous Coward · · Score: 0

      According to wat u said, US might lose something.

      But mankind, as a whole, will gain something more.

    17. Re:Attention U.S. Citizens! by Anonymous Coward · · Score: 0

      meep meep

  5. I want to move! by Anonymous Coward · · Score: 3, Interesting

    I've spoken with government official in my country (New Zealand) about software patents and they just don't care! They just fold to the big companys.

    I want to move to India! I love Indian food and culture already, and now they get to be free of software patents! Not fair.

    When will governments in the western world start doing what the people want, and not what only the rich and powerful want!

    1. Re:I want to move! by Urusai · · Score: 0

      You love Indian food? That and the climate are the big reasons I wouldn't move in a million years.

    2. Re:I want to move! by BigDog1942 · · Score: 1

      But there are no S/W patent laws in NZ yet - are there?. Not that it really matters, NZ is so small that a few could get elected in on that ticket and reverse any damage the goverment of the day does. You just have to love proportional representation. -OR- Make it Jim Andertons pet hate of the week and bing, with a few weeks software patents will be as gone as nos balloons

    3. Re:I want to move! by headisdead · · Score: 1

      YES! WHAT A FANTASTIC IDEA!

      Of course, the Indian Govt. never bows to corporate interests--"what only the rich and powerful want"--on any important issues like IT and software, only on incredibly minor ones like generic drugs that help AIDS sufferers and the World's poor.

    4. Re:I want to move! by Anonymous Coward · · Score: 0

      We either just got them or are just about to get them, I believe. It's sad that the coverage of these things is so minimal I don't even know :(

      If we were in a canton we could vote for both no software patents and the continued illegality of marijuana ;)

    5. Re:I want to move! by Anonymous Coward · · Score: 0

      When the people stand up and take what they want. That is the only way to topple the rich/corrupted. If the American people want to be free of software patents, they need to force a vote. March the streets, that usually gets people paying attention.

      As long as the companies are the ones with the governments ears, they will be the ones to benefit. We must make then listen, and realize there are consequences to not listening.

      How did our government go from for the people to for the hustler? It's like the traveling salesmen selling rip-off trinkets somehow grew to enormous sizes and figured out that to control the people they had to buy the government.

      Our founding fathers would be proud of how we stood by and didn't die for anything because we felt safe.

    6. Re:I want to move! by quarkscat · · Score: 0, Flamebait

      Yes, you want to move. But what makes you think
      that that illustrated book on the Kama Sutra will
      survive the move from your parent's basement?
      Or that moving to India will improve your chances
      one whit of actually getting layed?

      Most of the more than one billion citizens of
      India still regard caste, family status, job, and
      size of dowery more important than your unique
      foreign-ness.

      So your chances of "scoring" over there really
      aren't any better than here. Get a life!
      Are you willing to give up baseball for cricket,
      and football for soccer?

      The cultural shock will do you in, if the bad
      water and the diseases don't. (Take it from
      someone who has already checked it out.)

    7. Re:I want to move! by at80eighty · · Score: 0

      so..umm... since you could'nt achieve diddlysquat in India - you're thinking others cant? FWIW - the 1 billion figure you oh so conveniently used , includes the villages... do you wanna work and hang out at the local paddy field anyway? Odds are, you would go to a city - Mumbai, Bangalore etc.. and from my years in the city i know quite a few women who dig white men.... You probably just moved outta one basement into another...

    8. Re:I want to move! by skahshah · · Score: 1

      Given that New-Zealanders already play cricket and soccer, and that they wouldn't want what you call football, playing the real thing (rugby), I would say that the cultural shock wouldn't be so important.

    9. Re:I want to move! by quarkscat · · Score: 1

      A Kiwi! (Sorry!)

      Sure, you New Zealanders are/were part of the British Empire, just like India, South Africa, etc. The Brits were really good at shipping cheap labor wherever they needed it to power their colonial economies. Which is a big part of the reason why there are so many Indians in SA and Malaysia -- the Indian diaspora was a British invention.

      And now the shoe (sandal?) is on the other foot, now with many of the good jobs easily moving to where the labor is cheapest. I'm sure that that sweet irony is not lost on the Indian government. When my job has moved to India, however, I will not be following it there. Perhaps I will revert to that older profession, raising sheep and goats on my tea "plantation". (One thing, though. I will be encouraging my children to get into the construction trades, since those cannot be outsourced until remote control robots get way better.)

      Ta, and cheers.

  6. Seems like a smart move. by Future+Man+3000 · · Score: 4, Insightful
    Most patents are in the U.S., most (current) innovation and technology growth is in India.

    They have nothing to gain from adopting software patents.

    --

    I never vote for anyone. I always vote against.
    -- W.C. Fields

    1. Re:Seems like a smart move. by Timesprout · · Score: 4, Insightful

      most (current) innovation and technology growth is in India

      Growing yes, innovating hardly. Little innovation means you dont actually have a lot to protect making patents a moot point anyway.

      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
    2. Re:Seems like a smart move. by CatGrep · · Score: 4, Insightful

      most (current) innovation and technology growth is in India.

      Well, I don't think most current innovation is in India _yet_. However this kind of move will certainly help India since they will be free to develop software without having to have to worry about lawsuits.

      The ironic thing about software patents is that while their proponents suggest they will help foster innovation, in fact they have the opposite effect and end up only helping to employ IP lawyers instead of engineers.

    3. Re:Seems like a smart move. by xtraub · · Score: 1

      Does this mean, that we should pay much higher taxes ?

    4. Re:Seems like a smart move. by TuxPaper · · Score: 5, Insightful
      Growing yes, innovating hardly. Little innovation means you dont actually have a lot to protect making patents a moot point anyway.

      Isn't one of the arguments against software patents that most of the software patents aren't innovations at all, but mere logical steps forward? So, whose to say they aren't 'innovating' according to the US software patent system?

    5. Re:Seems like a smart move. by The+Cydonian · · Score: 4, Insightful
      While I'm certainly one of those people who wishes my country's national innovation system were more productive, it is nevertheless a known fact that most countries trying to scale up a tech value-chain perforce try to loosen IPR protection, before putting brakes on after they've scaled up. The so-called Asian Tiger economies are one example; Singapore has had a see-saw experience with IPR since 1965. India's own experience with the pharma industry is another such example.

      So yup, the point is that most countries loosen up IPR protection in order to encourage innovation.

    6. Re:Seems like a smart move. by natrius · · Score: 4, Interesting

      Growing yes, innovating hardly.

      For now. They don't have to innovate to be successful at this point, because business is flowing in. That will stop as the standard of living in India raises accordingly. When this happens, you'll have lots of smart, capable programmers who know how things are done, and will be able to build upon others' ideas to make new ones. I don't think the cultural differences people often cite are significant enough to stop smart people from doing great things.

      Of course, the companies that start to innovate will be the ones with a lot of money in the first place, and if my grasp of political theory serves me well, those companies will have bought legislators by then to get the software patents they'll want to restrict competition. Ain't democracy grand? I hope they prove me wrong.

    7. Re:Seems like a smart move. by Anonymous Coward · · Score: 0

      Yes not many Indians have 1/2 Million to 'do' a patent and another 1/2 million to defend it if necessary.
      After the US patenting some Indian grain strains, India should have come to its senses a long time ago.

    8. Re:Seems like a smart move. by Lumpy · · Score: 1

      you missed the target by that much.. The greatest innovation and technology growth is in CHINA. they can easily out manufacture and out grow ANY company in india, hell make all companies in india one and they still cant touch the power of china...

      India is doing better but there is no chance in hellthey can touch the steamroller that is China, and once it get's rolling faster there will be nothing that any american company or law can do to stop it either.

      --
      Do not look at laser with remaining good eye.
    9. Re:Seems like a smart move. by at80eighty · · Score: 0

      agreed on China steam rolling - however i firmly believe a social revolution will be inevitable > Mass poverty + a rather uptight regime + tight control on wealth by a few (relatively) are the ingredients for an uprising > IMHumbleO, it will happen - and when it does, its gonna be time to step on the brakes for China...

  7. Re:Let me be the first to say by Anonymous Coward · · Score: 0

    Unfortunately not...
    http://yro.slashdot.org/comments.pl?sid=14 6817&cid =12300255

  8. Do we have a legitimate article? by goneutt · · Score: 0, Troll

    Okay, so the two references are to a Marxist org and a FSF site. Too much "spin" for me to see straight.

    That doesn't stop me from voicing an opinion. Patents are a pain, and software patents doubly so. But since there are so many "old" ideas getting patented, maybe a few pushes are in order.

    --
    Bacardi + slashdot = negative karma.
  9. For once they got it right by Anonymous Coward · · Score: 4, Insightful

    I'm an Indian.

    As much as I hate these left parties (they're real dumbasses), for once they have done the right thing here.

    Left parties doing something actually GOOD for economy. Who knew...

  10. One nice reason to live in India !!!!!! by loveguru · · Score: 2, Interesting

    Hi Well,atleast in this sense,India is far better than EU.We got it done without much hassles. :))) ....... And spare some time to go thru http://fsf.org.in/ piyush chaapis........

  11. Uh-Oh by Rightcoast · · Score: 4, Insightful

    Like it or not as an American coder, the code coming from India is getting better. Sorry, but that's what happens with practice fellas....

    Couple that with healty dose of the encouragement of innovation, and we just took one right on the chin.

    1. Re:Uh-Oh by MartinG · · Score: 4, Insightful

      Well. Why don't you try to level the playing field again by campaining for the abolision of software patents in America?

      --
      -- MartinG To mail me: echo kewyjlcxyzvjfxbqwh | tr bcefhjklqvwxyz .@adgimnoprstu
    2. Re:Uh-Oh by Anonymous Coward · · Score: 1, Insightful

      Actually, the only way to level the playing field is with tarrifs and to stop technology sharing with India. This is not meant as flamebait, this is my honest opinion.

      A lot of slashdotters don't realize this right now, but it will take decades for our economy to recover if we don't regain the upperhand in technology exports and domestic development of technology. That was the last real segment we kicked butt and took names in.

      This is not to say we should support software patents as they are now, or even worse, support how Microsoft has done business, but this bleeding off of the fruits of our labor and research to areas that are being uplifted artificially(as opposed to innvoating themselves through technological evolution) is not good for us. The case with China is much worse than with India.

      And this is not meant to bash the Indian people. And I definetly find it abhorent and reprehensible some of the prejudice I've witnessed against Indian people here in the states by people unhappy about how things are going. That is not good nor acceptable, but we as a nation need to take a stand before we lose everything. It might already be too late.

    3. Re:Uh-Oh by MartinG · · Score: 4, Insightful

      the only way to level the playing field is with tarrifs and to stop technology sharing

      That's not the way to level the playing field.
      That's the way to maintain the status quo and protect only American interests.

      The fact is that in the compusing world the real competition is not in thinking up ideas. Ideas are ten a penny. The real competition is on _implementing_ them well. It's the implementers who need protecting from the patent wielding idea merchants who couldn't make great in a million years.

      If India becomes better at implementing current ideas on software than America (or anywhere else for that matter) then they _should_ take away business from the other places. That's how free markets work and its all a good thing in the long term.[1]

      Once the world realises that by and large, software business works better when it is about services and not products or ideas then things will all even out fairly in time. The likes of Microsoft will either reinvent themselves or die and SMEs will rule the software world. Innovation will flourish, occuring largley collaberatively much as happens now to some extent with FLOSS and other online thinking shops.

      [1] factors such as foriegn working condition, minimum wages and various ethical concerns should be considered but are outside the scope of what I was saying.

      --
      -- MartinG To mail me: echo kewyjlcxyzvjfxbqwh | tr bcefhjklqvwxyz .@adgimnoprstu
    4. Re:Uh-Oh by Lumpy · · Score: 1

      no it is not.

      More are outsourceing to the USSR than india because the coding is far better and the grasp of western thinking is stringer so their code has a closer match but has the benefits of giving the fabled Russian thinking to solutions.

      we recently recieved a project that was rewritten from Russia. the origional code was written in India for the contractor, it was unmaintainable... the guys near Moscow gave us the code back with awesome readability and maintainability.

      and YES, it was clean of backdoors and other nasties, we do a complete review of ANY code that is outsourced. Any company that does not is foolish.

      --
      Do not look at laser with remaining good eye.
    5. Re:Uh-Oh by Halo1 · · Score: 3, Interesting
      That's the way to maintain the status quo and protect only American interests.
      Which incidentally is exactly what the USPTO admits to be the goal of its Pursuit of Substantive Patent Law Harmonization action plan. Of course,
      The details of this action paper are by their nature sensitive and confidential, and therefore not appropriate for publication.
      "Hey look, we have a secret plan to pursue harmonisation in order to protect our own interests! So don't worry, just sign those "free trade" agreements and introduce the same patent system as we have..."
      --
      Donate free food here
    6. Re:Uh-Oh by Anonymous Coward · · Score: 0

      "That's the way to maintain the status quo and protect only American interests."

      Assuming the US is the only country that protects it's own interests is both naive and dangerous as is saying any country should not.

      The simple fact is, that free markets as such are not fair markets because of the [1] caveat you list. The complaint is not directed to the fact that these are free markets, the complaint is directed towards the fact that they are not fair. The [1] caveat you list is not out side the scope of the argument because that is a large reason why people object to what is called a "free" market (and henceforth confused as "fair").

    7. Re:Uh-Oh by Anonymous Coward · · Score: 0

      Ideas are ten a penny.

      In that case, you have no problem with software patents then. Run into a patented idea, and why, for just a penny's worth of your time, you'll have nine other better ways to solve the same problem. In that case, you can let your competitors waste time and money on their patents, while you patent nothing, and you'll be certain to have a better product at less cost. You should encouage software patents as much as possible, in order to create the maximum distraction for your competitors.

    8. Re:Uh-Oh by MartinG · · Score: 1

      to solve the same problem you'll have nine other better ways

      I often do have lots of other ways to solve problems. The trouble is we often have to solve problems in the same way. This is fot two reasons:

      1) "user level" problems. Users are used to things working on a particular way. We have to use the same way or they won't migrate to our software. (inertia effect)

      2) "technical solutions" This one is best described by example: (for an already existing problem)

      I have an idea. Let's develop some software to compress video in such a way as it can easily be streamed across the internet optimising for reasonable quality at low bitrates.

      I have come up with use an algorythm called "A" to do this and patented it. The problem we face now is that in order to view sites providing the content in this format we have to use algorythm A. But we can't because it's patented. Even though we have come up with "B" ourselves which may even be better, we still can't get a foothold in the market because too many people are using "A" and we can't use it. Even if we have a better implementation of A than anyone else we still don't get a chance unless the patent holder agrees. Our innovation is stifled.

      Often, thinking of "A" is harder than implementing "A" so the real competition lies in the implementation. It's the implementors who n eed protection for real innovation to flourish.

      --
      -- MartinG To mail me: echo kewyjlcxyzvjfxbqwh | tr bcefhjklqvwxyz .@adgimnoprstu
  12. here they come... by Anonymous Coward · · Score: 1, Insightful

    The idiot jokes about off-shoring. Bloody hell take it like the americans we know, not pussy-ass whiners!. Innovate, work hard, and show 'em that american coders are better. But please stop the offshoring jokes...

    1. Re:here they come... by Anonymous Coward · · Score: 0

      We are not allowed to code.. :(

      DMCA, etc..

    2. Re:here they come... by Anonymous Coward · · Score: 0

      What if American coder's aren't better?

    3. Re:here they come... by Anonymous Coward · · Score: 0

      can somebody mod parent "funny"

    4. Re:here they come... by MemoryDragon · · Score: 1

      Yes... but to do that you have to get rid of software patents, and the DMCA.

    5. Re:here they come... by Anonymous Coward · · Score: 0

      Isn't Microsoft an American company? Not impressed by their code.

  13. What wonderful news! by Phidoux · · Score: 1, Redundant

    Let's hope that this sets an example that many others will follow.

  14. In two minds by Anonymous Coward · · Score: 1, Insightful

    Being part of a software startup whose value creation is closely tied to software that we create, this creates some anxiety. But I believe, in the long term this is a good precedent to have.

    1. Re:In two minds by Anonymous Coward · · Score: 0

      If you write software, it's protected by copyright. India will respect this. If anyone rips off your software, they are still in violation of the law.

      It just means that you cannot prevent people from writing and selling software that uses a particular process that you have patented.

  15. Hooray!! India supports innovation by Anonymous Coward · · Score: 0

    It's about time that a major country abolished software patents. Hopefully this will set precedence for the same action in the EU and the US.

  16. Economic impact of this? by xiaomonkey · · Score: 5, Interesting

    If software patents aren't legal in India, would a company over there be able to fearlessly provide web services/applications that infringe on US patents?

    e.g. could a company over there build a search engine using Google's patented page rank algorithm with out having to pay an licensing fee?

    If so, it would seem that India would be an ideal place for most such companies, as they can operate over there with out fear of patent litigation. Also, hopefully something like this would put pressure on the US to reform our current system in order for local companies to be more competitive.

    1. Re:Economic impact of this? by Anonymous Coward · · Score: 0

      India is not about to fool around with US patent laws unless they want to see Pakistan get more high tech military equipment. We just gave Pakistan permission to buy F16's

    2. Re:Economic impact of this? by NitsujTPU · · Score: 2, Informative

      Stanford owns pagerank.

      http://patft.uspto.gov/netacgi/nph-Parser?Sect1= PT O1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm &r=1&f=G&l=50&s1=6,285,999.WKU.&OS=PN/6,285,999&RS =PN/6,285,999

    3. Re:Economic impact of this? by Anonymous Coward · · Score: 0

      Yes, the US is going to sell bombers to Pakistan because Indian companies are infringing US patents that aren't valid in India, that makes a whole lot of sense.....you dumb f***

    4. Re:Economic impact of this? by Phidoux · · Score: 1

      Of course the Indian government would have considered the economic impact too and I'm sure that for their part, the impact will be a positive one.

    5. Re:Economic impact of this? by xiaomonkey · · Score: 2, Informative

      Yeah, but, Google has an exclusive license to it from Stanford until 2011. So, no other American companies can use it until then....

      of course, if you're in a country that doesn't have software patents, then you might not have that problem.

    6. Re:Economic impact of this? by masklinn · · Score: 4, Informative
      If software patents aren't legal in India, would a company over there be able to fearlessly provide web services/applications that infringe on US patents?
      You know, the thing about US patents is that they only apply in the US, if you're not in the US and don't sell your products there, you're not supposed to give a flying fuck about US patents, wether your country has any kind of software patents or not.

      On the other hand, Copyright Laws are international and know no bounds (but the chinese borders maybe), and they apply fully to software creation (copyright is what backs the GPL-like licenses).

      The very point is that software patents aren't needed and are unnecessary, because not only they'd be redundant if they were always used well, but they're dangerous (for innovation, what they're supposed to protect mind you) when misused.
      --
      "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
    7. Re:Economic impact of this? by gonaddespammed.com · · Score: 1

      Copyright.

    8. Re:Economic impact of this? by JoeBuck · · Score: 4, Informative

      Google hasn't just patented their page rank algorithm. They've patented the idea of giving weight to the links that point to a page. (The competitors seem to be infringing that claim, probably because they are confident that the claim would be tossed by a court, but who knows?).

      We could probably live with patents that protect precisely what the inventor invented, but no patent lawyer would settle for that. Instead, the claims generalize to the point of trying to block any conceivable competition, even with wholly new algorithms.

    9. Re:Economic impact of this? by ImaLamer · · Score: 2, Informative

      it would seem that India would be an ideal place for most such companies, as they can operate over there with out fear of patent litigation.

      But as we have seen - countries can boycott those who don't fall into line. If India doesn't do what Europe and America is doing then they will have to survive a economic stand-off. If they can then they will change things. However I suspect if they don't adopt our view or accept our patents as protected ideas then our governments will put pressure on those who do business with them. Who knows, I'm really drunk. It isn't good news for those of us who still wish to enter the IT market in America.

    10. Re:Economic impact of this? by jpu8086 · · Score: 1

      "Copyright Laws are international and know no bounds"

      Umm..since when? All laws are restricted to a given legal entity (generally a country). Each entity decides how to enforce their own laws.

      It is true that most countries (if not all) have copyright laws, but the parameters (such as lifetime of a copyright) varies significantly. In that sense, your statement is non sensical.

      --
      now supporting:
      cmdrTaco for president '04
      michael for oval office intern summer '05
    11. Re:Economic impact of this? by Anonymous Coward · · Score: 0

      Any patentable ideas that Stanford students create are owned by Stanford, and licensed out to companies, with first priority typically going to the start-up that the student creates to develop the idea. Or something similar to that, as I don't really remember what it said. When you accept admission, they make you sign a waiver giving them these rights, even for undergraduates. I'm pretty sure lots of other schools have policies like that.

    12. Re:Economic impact of this? by Anonymous Coward · · Score: 0

      Linux is more dangerous to innovation than patents. Every graduate from 1984 to 1994 wanted to build cool new software systems. Every graduate from 1994 to 2004 wants to clone UNIX.

      Oh, and by the way - GNU is UNIX. Get over it.

    13. Re:Economic impact of this? by Anonymous Coward · · Score: 0

      Berne Convention. All signatories are required to observe each others' copyrights.

    14. Re:Economic impact of this? by NitsujTPU · · Score: 1

      What about graduate students doing work under grant?

      Obviously the organizations that provided the grant want rights to the work (it would be hard for me to apply for a fellowship saying that I retain exclusive rights to all of my research).

  17. Mplayer should migrate to India by Fossilet · · Score: 2, Interesting

    Where open source software are not threatened by patent laws. Right?

    1. Re:Mplayer should migrate to India by DrMorris · · Score: 1

      Just FYI: these problems are mostly solved. An official(!) Debian package is underway.

    2. Re:Mplayer should migrate to India by xiando · · Score: 2, Interesting

      The users of the software will still have the same problems regardless of where in the world the download page for the software is located. The Russia/MP3 issues comes to mind: the sites who sell music for giveaway prices from .ru are perfectly legal, but the users who buy from such sites are breaking local laws (there is really no difference for US users if they download from peer to peer networks or such sites, and the same applies to software programs).

    3. Re:Mplayer should migrate to India by shaitand · · Score: 4, Interesting

      Yes but usage is not really under the juristiction of copyright, distribution does. So long as your copy was legally distributed (and it is) there is nothing illegal about using it in ways that do not fall under the jurisdiction of the limited privs granted by copyright law to content providers.

      Do not mistake the terms in EULAs for laws. Copyright does not grant the content provider the right to the restrictions they require in EULAs, that is why they need you to sign them over in a contract. For it to be a legal contract they must give you something of value in turn (purchasing gave you the right to use the material however you please without a contract), Microsoft gives you $5 worth of data loss protection IF you can successfully sue them for it. Aren't they swell?

  18. Re:w00t by Anonymous Coward · · Score: 0, Troll

    Round 3 - Moderator response time: 1 minute.

    Study complete.

  19. The situation in India is... by rsidd · · Score: 5, Informative
    the government is sort of centre-left, but supported by far-left (ie, communist) parties who must be kept happy.

    The government was required by the WTO to adopt a new patent regime in the pharmaceutical sector. There was plenty of opposition to this, mainly from the left, though leaving the WTO is simply not an option and everyone realises that.

    So what the government does is have a temporary ordinance, not ratified by the parliament, that's somewhat more draconian that it needs to be. I think the software patents thing was one of those items that the government was always willing to chop. There were also lots of safeguards in the pharma sector itself (regarding making of generic drugs in the national interest), allowed by the WTO, that the government omitted from the ordinance. Even the New York Times had a strong editorial criticising the Indian Government for its unnecessarily restrictive ordinance.

    When the time comes to pass it through parliament, voila, the government "accommodates" the left parties by introducing these safeguards and removing things like software patents. The left, in return, supports the bill. And everyone's happy.

    1. Re:The situation in India is... by advocate_one · · Score: 1

      why is leaving the WTO not an option??? If enough countries got off their butts and walked out, that would leave the WTO in a bit of a pickle...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    2. Re:The situation in India is... by rsidd · · Score: 1

      If enough people within the WTO speak up, the WTO's own rules can be changed. Recent trade rounds have seen the emergence of a group of developing nations (India, Brazil, South Africa and others) aggressively pushing their concerns. The WTO has on the whole been very good for developing countries in trade disputes with the developed world, frequently ruling against the US and other powerful countries. For example, every WTO country is required to give "most favoured nation" status to every other WTO country; discriminatory tariffs are not allowed. A country outside the WTO has to negotiate separate bilateral trade agreements with every other country it wants to trade with and has no recourse against discriminatory trade barriers. The cited article suggests that even India's hidebound lefties now realise how bad that would be.

    3. Re:The situation in India is... by Anonymous Coward · · Score: 1, Insightful

      You know not all of us Far-left are communists , alot of us are anarchists

    4. Re:The situation in India is... by Anonymous Coward · · Score: 0

      What's with american people to take this personaly?

      It is very simple: Patents suck because they are unfair and restrict knowledge. The whole patent issue is a fraud by 1000 "Very Rich People" who will get "Much Richer" if the patent system is enforced.

      Why can't you accept that they don't agree to the patent crappola because it's crappola?
      It may have nothing to do with competition, outsourcing and communists.

    5. Re:The situation in India is... by naveenkumar.s · · Score: 0

      Indian communists are not really communists. It should be interesting for you to know that they are not ok with software patents, but ok with copyrights.

    6. Re:The situation in India is... by Anonymous Coward · · Score: 0

      "Indian communists are not really communists. It should be interesting for you to know that they are not ok with software patents, but ok with copyrights."

      That sounds more like they are INTELLIGENT.

    7. Re:The situation in India is... by rsidd · · Score: 0, Offtopic
      It should be interesting for you to know that they are not ok with software patents, but ok with copyrights.

      There's only one reason for that. Most of them are Bengali, and view Rabindranath Tagore as a sort of fragile god who must be protected; so they fought for decades to prevent his work from entering the public domain. Tagore became India's Mickey Mouse -- the excuse to extend copyright limits ad nauseam (happily, no longer, but a lot of damage has been done already).

    8. Re:The situation in India is... by orasio · · Score: 1

      There's centre-left, there's socialists, there's communists, there's far-left, and there's ultra-left (meaning farther-than-left, as in "not left anymore")

      Communists is not as far left as you can go, and you don't need to be communist to be "far left".

      Plus, even if you are a communist, being a communist doesn't mean you are a supporter of Mao, or Stalin, or even Lenin. Communism implies marxism, and nothing else.

      That said, indian "communists" are not even communist in the first place.

      The thing about the left is that it has as many subtleties as the right does.

      Calling leftist people "communists", specially in a US-centric site where "communist" equals "stalinist", is very, very mistaken.

    9. Re:The situation in India is... by fsmunoz · · Score: 1

      Just curious, since you seem to know something about it and the CPIM is down: are they "3rd International" communists (i.e. what would have been "default" and Soviet aligned), 4th International, Maoist, none of the above?

    10. Re:The situation in India is... by The+Cydonian · · Score: 1

      That was a brilliant summary, my compliments; finally a post on /. that "gets" Indian politics! :-)

  20. Above is a Troll posting AC by carlmenezes · · Score: 5, Informative

    Mod the parent DOWN.
    It only shows he knows nothing of the Indian President. Here are some facts so people can see for themselves:

    Some of his speeches

    A description of a personal encounter

    His own website describing his aspirations

    A few of his accomplishments

    Finally, for those REALLY interested, here's his auto-biography

    --
    Find a job you like and you will never work a day in your life.
    1. Re:Above is a Troll posting AC by Anonymous Coward · · Score: 0

      Easy dude, that post was meant to be funny.

    2. Re:Above is a Troll posting AC by Anonymous Coward · · Score: 0

      That's OK - his post was meant to be a troll.

    3. Re:Above is a Troll posting AC by whitespacedout · · Score: 5, Interesting
      Something I can add to the tales of what an all-round good guy he is:

      The ORBIS flying eye hospital came to Delhi a few weeks ago and he dropped in to see it (here's a picture of him on the plane). He did the required politcal duty as required. But he also asked intelligent questions about the set-up and figured out there was a bottleneck in comms (the aim of the flying eye hospital is to spread knowledge about eye treatments, but they could only arrange for local broadcast of the videos of the surgeries). The President said he'd try and do something about it.

      Shortly afterwards - blam! - we had a satelite uplink so that the surgery teaching sessions were broadcast via satelite to hospitals all over India.

      Just think about it - Kalam could have done nothing and no-one would have begrudged him it. But he actually went beyond the polite chit chat, did some figuring out, and then went out his way to actually ease things in a way which make most political leaders seem like whiny midgets. No wonder he is one of the most-loved people in India, and no wonder people think he honours the office of president, rather than the other way round.

    4. Re:Above is a Troll posting AC by Ami+Ganguli · · Score: 1

      Thanks for the links. I read the second one and it's really interesting. The president really does sound like a decent man.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    5. Re:Above is a Troll posting AC by Rungchen · · Score: 1

      Hope he has better civil-servants than webdesigners(I wont use the word developper here). For a president it's pretty louse site. Could'nt get arround and my JavaScript-console is still ticking IE-errors.

      --
      You can get it fast, you can get it good, You can get it cheap. Pick two!
    6. Re:Above is a Troll posting AC by khellendros1984 · · Score: 1

      You realize the parent's joking, right? Either that, or insane (which is a possibility here)

      --
      It is pitch black. You are likely to be eaten by a grue.
    7. Re:Above is a Troll posting AC by Anonymous Coward · · Score: 0

      Either way, its still very informative, and head-and-shoulders above the usual troll response of "did not!#@%@"

    8. Re:Above is a Troll posting AC by Anonymous Coward · · Score: 0

      It may have ment to be funny , but it missed by a mile.

    9. Re:Above is a Troll posting AC by Anonymous Coward · · Score: 0

      Someone who use's IE complaining about bad design and web site errors ....
      Does not compute ... error errorrrrr rrorroeroe

    10. Re:Above is a Troll posting AC by Rungchen · · Score: 1

      IE-errors meaning errors stemming from using IE-only JavaScripting, like trying 'document.all' instead of getElementByID;-) etc(In *.jsp??). Yoda says: "Computes it does not"

      --
      You can get it fast, you can get it good, You can get it cheap. Pick two!
  21. Outsourcing? I'd be more worried if I were a by Neuropol · · Score: 2, Funny

    camel jockey who's been replaced by a robot!

    1. Re:Outsourcing? I'd be more worried if I were a by tweek · · Score: 1

      You know what the sickest fucking part of that story is?

      "Improve the speed, the weight, the aerodynamics, to reach the ultimate goal of completely phasing out children used as jockeys," Sheik Abdullah said.

      This is something that needs to be fucking phased out? Christ, just fucking stop doing it.

      Not that I care what these countries do. I'm sure we'll find a reason to invade them soon enough but goddamn. This is not rocket science (robot science maybe? heh).

      --
      "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
  22. Mod me down but... by Anonymous Coward · · Score: 0

    ....Free/OS evangelists will be labeled as communists more than ever now.

  23. Re:I'm so torn! by Anonymous Coward · · Score: 0

    Well obviously the wages are very low there, I don't think it would be easy for a US or EU citizen (I'm Dutch myself) to just move there and assume you'll survive (economically), but if the EU government decides to adopt the patent laws, I'm pretty sure the Indian software market will flourish even more than it does now, making the outsourcing of development even more interesting... Also they have the best food in the world (/me *loves* massalas, dal and breads!!), so I do feel some temptation too... ;)

  24. Commies by Anonymous Coward · · Score: 0

    Cool, so were all commies.

  25. Submitters, please be slightly careful by mshawatmit · · Score: 1, Funny

    Indian parliament deleted the section from the patents bill regrading the software patents as left parties prevailed over the Government on the issue.

    When submitting articles, is spell-check too much to ask for?

    1. Re:Submitters, please be slightly careful by piyushranjan · · Score: 1

      oops! my bad. Extremely sorry for this goof up

    2. Re:Submitters, please be slightly careful by Electroly · · Score: 2, Funny

      Spellchecking submissions? You must be new here.

    3. Re:Submitters, please be slightly careful by Anonymous Coward · · Score: 0

      .. but regrading is a word so a spell-check won't help. In fact the sentence is even gramatically correct although it doesn't make a lot of sense!

    4. Re:Submitters, please be slightly careful by Anonymous Coward · · Score: 0

      Regrading is a perfectly good word, how would spell checking help?

      Ok, it's obscure enough that it might be flagged, but then again it might not be.

  26. Not Good for Indian companies by dotslashdot · · Score: 0, Informative

    This is a terrible detriment to Indian companies because they will not get to patent their software while other competing countries will (like the US, etc.) The other countries' companies can then enforce the patent against Indian companies, effectively blocking them out of developing software. Because of the lack of patents, Indian companies won't be able to cross license deals with other companies and will be left out in the cold, unable to write certain code. Software patents suck, but like nuclear bombs, once someone gets one, everyone needs one.

    1. Re:Not Good for Indian companies by freek254 · · Score: 3, Insightful

      They can still patent it anywhere else where software patents are allowed. Protecting an innovation usually amounts to patenting it on major markets, not just your domestic market.

    2. Re:Not Good for Indian companies by shaitand · · Score: 4, Informative

      You have it backwards. This means software patents granted in other nations are NOT enforceable in India. It does not mean software developed in India can not be patented and enforced in nations where software patents are legal.

    3. Re:Not Good for Indian companies by Anonymous Coward · · Score: 0

      You loon! You've got it wrong. Each country enforces their own patents, as an island. Other nation's patents are not enforceable in India right now anyway. What it does is prevent other countries from obtaining patents in India, so India can go about using other externally-patented technologies all they like without limit. And since the US is shipping all of it's software development to India, it's even better, because the Indian companies can get US patents and prevent anyone in the US from building that software.

      India wins big time, the US loses. It does mean, that at some point, India will need to re-instate patents when they own enough IP that it warrants protecting or prohibits growth.

    4. Re:Not Good for Indian companies by Anonymous Coward · · Score: 0

      They'll just sell the services anywhere they want and run the supporting, patent-free software locally (in India).

    5. Re:Not Good for Indian companies by shaitand · · Score: 1

      Many nations have trade agreements through which their patents are enforceable in one another.

      You do realize that you've not corrected me, rather you simply restated the exact same thing I said. Except for some nonsense at the end about there being a point where patents need to instated because a lack thereof prohibits growth (patents prohibit growth, not the lack of them).

    6. Re:Not Good for Indian companies by Anonymous Coward · · Score: 0

      No they don't. PCT (Patent Cooperation Treaty, Title 35 USC) is an assist in filing in multiple countries, not a cross-suit system. A patent in another country prevents similar patents from being filed in other PCT countries by other parties, and establishes time for the patentee to file in many countries.

      Which nations are you refering to, and where is the law? The US certainly does not. Slashdot is full of folks who don't understand patents, yet constantly fight against them.

      You also never address how you start with the assumption patents are hampering, when in fact they encourage technology through disclosure of new ideas.

    7. Re:Not Good for Indian companies by Qzukk · · Score: 1

      when in fact they encourage technology through disclosure of new ideas.

      Ha. Ha ha. Hahahahahahahaha

      I needed that laugh.

      What is the point of disclosing new ideas when they're not usable for the next 16 years? In the computing field, those ideas are dead and buried two or three years after they were discovered. Remember Bresenham's Line Algorithm? In 1992 some people patented a "better" version. Of course, the patent still reads like a math textbook as it explains how to add numbers together in an "innovative" way.

      Oh wait, we're supposed to reward people for inventing this by paying them. Uhoh, that "w" in wait used 4 lines! Oh shit, I just wrote more lines! Better check on my line-drawing license, the owner decided that I'd have to pay per line drawn! I hope you've paid up, after all you're using this patented line drawing algorithm while you're reading this post! You aren't? Odd, it looks like your computer is drawing lines to me, therefore it MUST be infringing on that patent. Lawyers! To battle! *blows trumpet*

      And that, of course, is the other reason software patents are abhorrent. How do I know if your program is infringing on my line drawing algorithm or not? I could take apart an engine to determine if it used my patented fuel injectors or valve design, but with software, there is simply a black box with inputs and outputs... anyone patenting one process that accepts given inputs and produces given outputs is now free to sue everyone else with such a black box. So now I have the source code to your program. Ah, so sorry, I see you don't actually infringe on my patent, but I really like the way you dealt with this particular bit of code, it never did work well in our product, but I hear our next version will have a revolutionary new design to improve performance in that spot! Oh, and legal fees? Well, I explained to the judge that it was a mistake anyone could make, and the lawsuit was not malicious or unfounded in the least, so his honor decided that I'll pay my lawyers, and you pay yours. Have a nice day!

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    8. Re:Not Good for Indian companies by dotslashdot · · Score: 0

      Since no one understood my point, let me elaborate. What I was trying to say is that eventually Indian companies will have to ship their infringing products to the United States or other patent-supporting country, in which case they will come under US court jurisdiction which can enforce the patent against infringing Indian companies. By allowing patents in India, Indian companies would avoid infringing now by building or licensing around patented products for fear of being sued in the immediate short-run. Without a patent system in India, companies would build infringing products now thinking they were free and clear and if any of that software finds its way into any product in the United States or other patent country, the US patent holder could sue them, potentially invalidating years of work and costing Indian companies billions of dollars. I know you're going to say that the Indian companies will just ignore the suits, but that's not the way it works in global markets where the US and other countries can and will exert economic/political pressure to require India to enforce patents as a condition for receiving aid or IMF loans, etc. That was my point. You may now attack me and call me names.

    9. Re:Not Good for Indian companies by shaitand · · Score: 1

      "You may now attack me and call me names."

      The only name I called you was wrong. The only attacking I did was to say that you were wrong.

      "know you're going to say that the Indian companies will just ignore the suits, but that's not the way it works in global markets where the US and other countries can and will exert economic/political pressure to require India to enforce patents as a condition for receiving aid or IMF loans, etc"

      Do not confuse two seperate issues. You are right, Indian companies will simply ignore the suits since US courts have no authority.

      The US pressuring india to legalize software patents does not have any impact on companies ignoring damages awarded in US courts for activities that are legal in India. Even if India legalizes software patents tommorow a US ruling against a company today will STILL have no weight.

  27. Are Patent's Good? by shirai · · Score: 5, Insightful

    Here's the interesting thing about patents and, if you are a patent expert, I realize you already know this, but I think most people don't see the true irony of patents.

    The irony is: they were designed to protect the small guy from the big guy. That's right. I shall repeat. They were designed to protect the small guy from the big guy.

    They did this to encourage innovation.

    You see, some guy in his garage could invent the television, a big company could come along and copy it, and make billions because he has a bigger operating budget. With patents, the guy could protect his invention, and the big guys couldn't steal his idea. All of a sudden, people want to invent because they can protect their ideas.

    But now the patent system has turned on its head. It essentially protects the big guys from the small guys. Probably if we looked at patents in their stricted sense, a kid in their garage could write a text editor and infringe on hundreds of patents. I realize this doesn't usually result in a lawsuit, but the system is so convoluted that the only way to understand it is to hire expensive lawyers, which small guys tend not to be able to afford. So in many cases, the small guy gives up when faced with serious opposition (think RIAA).

    Okay, I will freely admit that this post is a little inflamatory and that usually lawsuits are not launched even when a patent is owned for things like using key-combinations on a keyboard. But that's not the point.

    The point is this: The patent system no longer does what it was supposed to do which is encourage the creation of new ideas. If a system no longer does what it was designed to do, THAT is the definition of broken.

    --
    Sunny

    Be my Friend

    1. Re:Are Patent's Good? by Zonnald · · Score: 0

      Is it really broke.
      The way you discribe it, the problem seems to be that the little guy has to be a little more innovative then before, because making minor changes to existing ideas just doesn't cut it.
      So when Rajiv Six-Pack comes up with a really brillant idea, nothing - nothing is stopping the "Microsofts" of the world taking his idea and making millions from it.
      Or do I really misunderstand the benefits of No Software Patents.

    2. Re:Are Patent's Good? by masklinn · · Score: 3, Insightful
      The way you discribe it, the problem seems to be that the little guy has to be a little more innovative then before, because making minor changes to existing ideas just doesn't cut it.
      No, the problem is that even if you have an awesomely original idea, every attempt at actually using it (like... create a software implementing the aforementioned idea) will infridge on a few hundred US software patents unless you have cross-license agreements (which you don't have unless you're a multi-millions company).

      And what *could* stop the "Microsofts" from stealing Rajiv's brilliant idea would be copyright.
      --
      "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
    3. Re:Are Patent's Good? by jmv · · Score: 1

      Actually, I would say that there are types of organizations that can benefit from patents:
      1) Big guy, as you mentioned, using patents to crush the innovative small guy; or
      2) Small guy, as long as he doesn't produce anything useful. The example of this would companies like Eolas and many others that sue over stupid patents. The fact that they don't produce anything is important here, since it's the only way not to get countersued over patents by the big company you're suing.

    4. Re:Are Patent's Good? by Anonymous Coward · · Score: 0
      The irony is: they were designed to protect the small guy from the big guy. That's right. I shall repeat. They were designed to protect the small guy from the big guy.


      The same could be said of the US government. It used to be "by the people, for the people". Lately it is anything but. The "big guys" not only own the patents but also dictate the very laws we have to live by. And all in the name of profit.

    5. Re:Are Patent's Good? by Anonymous Coward · · Score: 0

      well put.

    6. Re:Are Patent's Good? by TLLOTS · · Score: 1

      Indeed, software patents are very broken, which is quite a shame too as they could work as intended (encourage innovation and provide protection for the small people) but they haven't been handled correctly at all.

      Patent law as it stands does not apply well to software as software is a different beast from what patents were originally intended to protect, things like special toasters or car engines or some crap, I don't really know specific examples, but you get the idea.

      The problem in this is that software is very very different to these things, in one very important way. Physical items take time to create to get the materials etc., no matter how simple, and there are obvious limitations on what you can do with it. Software on the other hand is quite different; while it still requires time, there are no physical materials needed to assemble it (not in the same sense as a toaster for instance), not only that but actual limitations on what you can do are few. Essentially your imagination is the limit, you can create a simple program to keep the time to a program which puts you in the seat of a god controlling your worshipers and performing miracles. Quite a difference.

      Due to this freedom I think a big issue related to software patents is maturity. At present it's not so easy to gauge genuine novelty in software, because it's not as easy to be sure that if someone were presented with the same problem or need, that they wouldn't have come to the same solution. The sheer amount of freedom available combined with the still rather young age of the software industry means that no one, no matter how educated is truly qualified to determine the novelty of many of the items people try to patent.

      While I'm sure there are exceptions to what I've stated above, and I have no doubt that some software patents have been granted which are quite deserving of a patent, but regardless, far too many patents are issued for rather trivial things which many would say are not the least bit novel. This is definitely a failing of the patent office, as the general attitude seems to be that 'a patent carries no weight until it has been tested in court, so what's the harm in granting them?' While that may be true, it's not nice at all for the small people when the big companies unviel their huge patent portfolio and their huge amounts of cash at the hands of their lawyers. Patents may not carry any weight, but one can definitely still beat another person down with them, that has been proven many a time before.

      So where does the fault lie? In my opinion, primarily with the patent office for setting the bar so low and relying on the courts to do their job. How do we solve it? A nice solution in my mind would be to make the patent office responsible for the legal fee's of any person believed to be violating an untested patent, that is if the person wishes it. If the person was deemed to be violating then they would be required to pay the patent office back the cost of their legal fee's. This would very much encourage the bar to be set higher for novelty needed to recieve a patent, and also discourage the use of patents as a club to beat down others, as repeated lawsuits for trivial things would not be desirable by companies, as they'd be potentially hurting the very people who give them the power to do that. Of course this would never happen, but at the very least I hope in time that software patents find their lifespan lowered drastically, down to three years preferably, though I admittedly feel I may be going a bit too extreme in the length of time I feel should be given for a patent.

    7. Re:Are Patent's Good? by ramblin+billy · · Score: 1


      Yoo hoo!

      yeah...over here...in the back...

      ahh...who do you think pays the patent offices bills?

      billy - yes, that's right, we do

    8. Re:Are Patent's Good? by Anonymous Coward · · Score: 0

      hmmm, as far as I know patent law has something about being forced to actually use a patent. And if you don't use your patent, anyone can let a judge force them to give you a licence.

    9. Re:Are Patent's Good? by jmv · · Score: 1

      There is no such clause in patent law. There are many companies that are only licensing patents to larger companies that actually build the product.

  28. Fantastic! by LarsWestergren · · Score: 4, Interesting

    Great news, I needed a bit cheering up. Just yesterday I read that Ericsson has started to threaten the Swedish government that research and development will be moved out of Europe to countries that "respect software patents" (the spokesman mentions Japan and the US).

    --

    Being bitter is drinking poison and hoping someone else will die

    1. Re:Fantastic! by xiando · · Score: 4, Insightful

      I read the article with great interest and I also was disappointed. Not in the facts, but in the journalist that fell for Ericssons tactical play. What the article fails to mention (because the journalist failed to realize it) is that any company with world headquarters in Sweden can patent what ever software they feel like in the US and in Japan regardless of their ability to do it locally. This is just a tactical play, it would make no difference what so ever to their ability to patent software abroad if they move out or not. The patent situation in Sweden is the same as it is in the rest of EU, and it is the EU rules they want to change. They see an opening for doing so by playing the local Swedish government, they know that if Sweden changes then it may have an impact on the rest of the EU. I really hope the Swedish government does not fall for this tactical play, I hope they see through it and see it for what it is: A simple tactical empty threat.

    2. Re:Fantastic! by Flyboy+Connor · · Score: 4, Insightful
      Just yesterday I read that Ericsson has started to threaten the Swedish government that research and development will be moved out of Europe to countries that "respect software patents"

      This sounds like pure bullying. Ericsson has NOTHING to gain in the area of protecting their software by moving to the US or Japan. You have to apply for patents in countries where you wish to RELEASE your product, not where you DEVELOP your products. So if Ericsson wishes to release products in both the US and Sweden, they have to apply for patents in both places, whether they have their factory located in the US or in Sweden. Actually, they run a higher risk in the US, because in the US a competitor might attempt to close them down because they are (alledgedly) infringing on one of the competitor's patents, while, without software patents in Sweden, in Sweden they wouldn't run any risk at all. That is aside the fact that rebuilding a factory and rehiring personnel in a very expensive country like the US would probably not be profitable. So, methinks this is a lot of hot air from Ericsson.

    3. Re:Fantastic! by Anonymous Coward · · Score: 1, Insightful

      I'd caution against being too happy about this. Remember, the issue was knocked down in Europe a number of times too... and the monied interests still managed to find a way to reinsert the relevant clauses and push the whole thing forward, no matter how blatantly anti-democratic.

      Money talks and politicians listen... and voters don't give a shit about software patents.

    4. Re:Fantastic! by fixinah · · Score: 2, Insightful

      The funniest thing about this is that Ericsson as a company probably wouldnt exist if it wasnt because they didnt obey the US patent laws back in the begining of the phone and were able to profit big from it. Kinda do what we say and not how we did it.

  29. Re:There's quite a bit more to it by symbolic · · Score: 2, Insightful

    I don't think the issue with India was ever the quality of the code per se, but with all of the obstacles that might (and do) crop up when handing your information infrastructure over to a country halfway across the world. These things will happen despite any code quality issues. There was a recent post by someone responding to another article, that mentioned the ROI issues with respect to projects that are outsourced. Assuming it was accurate, it suggests that outsourcing isn't a cure-all, and the ROI is a long-term proposition.

    Still - India did the right thing. It will be interesting to see how their anti-patent ethos meshes with the "patent every stray thought" mentality of the US. I wonder if the US could "help" India change its mind by threatening to withhold business if it doesn't comply.

  30. Pffft by Chuck+Chunder · · Score: 2, Insightful

    What a load of horse shit!

    They can still patent things in America (and other such countries) if they want and can still cross licence (or pony up licence fees just like everyone else) if they want to distribute in such countries.

    All it means is that for their local market, and other similar markets, they don't have to worry about these artificially created monopolies. Their market is freer and they can spend more of their resources actually being productive and making things and less resources overcoming artificially created hurdles.

    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  31. Rejecting patents is not a real solution.. by Adult+film+producer · · Score: 0

    I know everybody here on slashdot is overjoyed at this decision but I'm very skeptical. This is only one particular government responding to a sentiment that may only last 5 years. Maybe in a decade Indians will be rabid capitalists foaming at the mouth looking for ways to monopolize the world around them.

    What's needed is an amendment to their constitution that clearly states "Patent protection in computer software will not be afforded in this country now, tomorrow or ever, so the great Hindu god said !"

    This would be the ideal solution imho, as it creates an uphill struggle for selfishly greedy capitalists to overturn a constitutional amendment. Far more difficult than just bribing a few politicians to get their way, which can happen tomorrow... in that case, this article is pointless.

    Come to think of it, shouldn't we do something like this in our own nations ? Look at what's happening in europe, they just keep reintroducing the same tired legislation every 6 months.. Eventually they will win.

    1. Re:Rejecting patents is not a real solution.. by Anonymous Coward · · Score: 0

      What's going to happen is that India will use the lack of patents to borrow technology from everywhere in the world, until they are selling to everyone. Then they will bring software patents back to further spur the incentives to become their own innovation site.

      It's really very clever. Open the doors to suck in all of the available technology, then close them shut and grow your own.

    2. Re:Rejecting patents is not a real solution.. by Wolfbone · · Score: 4, Interesting

      One of the great ironies of the current patent scope expansion (and copyright extension) wars is that the proponents of ever stronger and broader Government protection invariably portray themselves as capitalists and free marketeers. This further irony of having to rely on the support of traditional Communists to counter the enormous political pressure towards an Orwellian style oligarchical collectivism (corporate Communism) is almost too much to bear.

    3. Re:Rejecting patents is not a real solution.. by n54 · · Score: 1

      Please mod parent up! It's a great point.

      However I don't think it's not so much irony as simple fallacies resulting from too many of said capitalist politicians taking everything the business community says at face value (while the opposite side of the political spectrum inherently hates anything they say). Or said in another way: there aren't that many real thinkers in either camp, they're mostly going on gut feelings, trying to uphold what they perceive to be their image, and representing those that shout loudest at them be they "evil" corporations or "rabid" activists...

      --
      this comment is provided "as is" and without any express or implied legibility or congruity [...]
  32. This is why competition is a good thing by travler · · Score: 5, Insightful


    I think there are a lot of people who for one reason or another think that competition from other countries is a bad thing.

    They seem to think that it is somehow 'unfair' that people in other contries can make product X cheaper. I don't know how many times I've heard the 'rush to the bottom' argument from people who obviously have no grasp of basic economics.

    If you are one of those people please read this:
    http://www.amosweb.com/cgi-bin/pdg.pl?fcd=dsp&term =The+Wide,+Wide+World+Of+FOREIGN+TRADE

    The reason competition is good in this particular case is because the US government is clearly not acting in its citizens best interest in regards to software patents.

    The contries that have a more rational intelectual property policy will obviously benefit. This will do one of two things:

    1. Businesses and citizens who create software will be forced to move to these 'enlightened' contries if they aren't there already. Basically the US will find itself locking itself out of the software market because producing software in the US will become too expensive or in some instances maybe even impossible.

    2. Because of pressure from 1. the US will be forced to adopt better laws.

    Basically if you can squash competition by making everyone obey your rules then you can force through productivity and creativity limiting laws such as software patents.

    However in a free marketplace countries that have chosen not to incorporate such laws will naturally do better than countries that have. I'm assuming here of course that software patents stifle creativity and productivity but I think this is a pretty safe assumtption.

    If you don't understand why software patents are bad please read this:

    http://www.nosoftwarepatents.com/en/m/intro/index. html

    In short this is good for everyone because it will garantee that consumers of software will continue to benefit from the explosion of creativity and productivity in the software industry. Also for those of us who produce software this helps by putting real pressure on our government to change its tune in regards to software patents.

    1. Re:This is why competition is a good thing by Anonymous Coward · · Score: 0

      If you are one of those people please read this:


      This article backs up the notion that we should be exporting, rather than giving our IT industry to India and then paying to import all the software we would have been importing.

      You also forgot to mention how "free" software does anything but reduce the amount a given country can export and reduce the number of options in the market place as businesses go under trying to compete with $0.

      Your evidence really says we should be restricting free software and exporting more of our own software to the rest of the world.

      Maybe Sun, Microsoft and Intel have been doing us a big favor?

    2. Re:This is why competition is a good thing by varjag · · Score: 3, Insightful

      1. Businesses and citizens who create software will be forced to move to these 'enlightened' contries if they aren't there already. Basically the US will find itself locking itself out of the software market because producing software in the US will become too expensive or in some instances maybe even impossible.

      2. Because of pressure from 1. the US will be forced to adopt better laws.


      OR,

      2a. Because of pressure from 1. the US will push software patents through WTO.

      Now, which one looks more likely?

      --
      Lisp is the Tengwar of programming languages.
    3. Re:This is why competition is a good thing by kcbrown · · Score: 1

      They seem to think that it is somehow 'unfair' that people in other contries can make product X cheaper. I don't know how many times I've heard the 'rush to the bottom' argument from people who obviously have no grasp of basic economics.

      Oh, some of us have some grasp of basic economics. More than that, we have some grasp of history.

      We know that the market rewards "efficiency". "Efficiency" in the case of labor means getting as much out of your employees for as little compensation as possible.

      This comes in a number of ways. One is through automation, which acts as a labor multiplier. Another is through competition between potential employees, which lowers the price they're willing to accept to do the job.

      The most efficient employee, in terms of work per unit of compensation, is a slave laborer who is being given barely enough to survive. Don't believe me? One need only look at the plantations of the 1800s to see the truth of this. If non-slave labor were truly more efficient than slave labor, then plantations that made use of slave labor would have gone out of business in their attempt to compete with plantations that didn't. Of course, we know that didn't happen -- rather the opposite, in fact.

      The "race to the bottom" here isn't just in terms of compensation, though that's part of it. It's also in terms of working conditions and employees' rights. The less an employer has to do to keep his employees working, the greater his profit. And so, employers have incentive to do as little as possible to provide decent working conditions. If an employer can get away with providing squalid working conditions, he will do so. If he can get away with requiring his employees to work 20 hour days, he will do so. Employers will get as close as they can to employing slave labor. History has shown this repeatedly, and you're a fool to believe otherwise.

      Finally, if you really understand economics, you'll understand that at its core, it's about the exchange of labor. One person's labor for another. Because of this, after technological improvements and increased efficiencies due to specialization and organizational improvements, economics is a zero-sum game, when one is considering a closed economy (as the world economy obviously is). An employer cannot simply drop the salaries of his employees to nothing without eventually incurring a corresponding drop in sales, because his employees use the money they make to purchase goods and services, and eventually that money makes its way back to the employer. When it doesn't, the employer goes out of business.

      In an economy that is reasonably regulated, i.e. one to which reasonable labor laws apply, it's entirely reasonable to expect the standard of living of most participants to improve over time as a result of technological improvement (which, as I said, is a labor multiplier). But in a completely unregulated economy, that's not what will happen.

      In a completely unregulated economy, employers are free to collude with each other in order to maintain a much higher standard of living at the expense of their employees. Since the amount of labor is fixed (there are only so many people available to work at any one time, after all, and there are only 24 hours in a day), when one person has a very high standard of living, someone else must have a correspondingly low standard of living, relatively speaking. And while automation and other market efficiencies may reduce the cost of survival, it doesn't change the necessities of life. As long as someone is receiving the necessities of life, he can produce. And as automation reduces the cost of those necessities, it improves that person's efficiency (same work for less cost == greater efficiency). Thus, in a completely unregulated economy, the standard of living of employers will improve over time through automation, while the standard of living of the employees will not.

      That is precisel

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    4. Re:This is why competition is a good thing by travler · · Score: 2, Interesting


      This article backs up the notion that we should be exporting, rather than giving our IT industry to India and then paying to import all the software we would have been importing.

      No it doesn't. It says that in the special case that a country can produce a good more economically than its competition both that country and the market it is importing into will benefit. However if a country such as the US can't produce a good economically it will be bad both for the country forced to import the good and for the country that is exporting (basically everyone pays higher prices for a lower-quality good). So if we can produce the good cheaper we should export it and if we can't we should import it and spend our time and resources making things that we can make cheaper/better than anyone else (which won't be software because in our country it is more expensive to do so because of things like software patents).

      You also forgot to mention how "free" software does anything but reduce the amount a given country can export and reduce the number of options in the market place as businesses go under trying to compete with $0.

      'free' and open software does make competition for comercial software. There is nothing in the laws of nature however that state that software production must be a comercial and proprietary only enterprise. If that mode of production can't compete successfully then it should cease and the people involved in that industry should find work doing something that actually pays money if they desire money. Also I take exception to your comment about open source 'reducing the number of options'. More competition always increases the number of options almost by definition. So while there may be fewer commercial software packages they will be replaced with more 'free' ones.

      'free' sunlight is competition for outdoor lighting manufacturers yet no one I know of is calling for us to build a giant dome over the US so that we can protect the outdoor lighting manufacturers from 'free' competition.

      Your evidence really says we should be restricting free software and exporting more of our own software to the rest of the world.

      And how can we export software if the cost of producing it due to software patent issues is much higher than anywhere else? Are you proposing that we somehow force the rest of the world to recognize any silly patent system we devise? What would stop them from doing the same to us?

      Basically you seem to be missing the big point of the article. I will restate it to make it clear:

      The benefit to both producers and consumers greatly outweighs any negative impacts from trade.

      Unless you want to argue that the above point is false then I see no validity in your argument.

    5. Re:This is why competition is a good thing by travler · · Score: 1


      The most efficient employee, in terms of work per unit of compensation, is a slave laborer...

      Actually the best employee from an employers standpoint is a non-existent one that has been replaced completely via automation.

      We are rapidly moving into such a society. Every year more and more jobs are being done by some form of automation including the servicing and production of those automations.

      I think it is not too bold to predict that in the next 50 years most jobs related to the production of physical goods will in fact be done by machine. Everything from digging the ore out of the mines to the friendly fedex robot that will deliver it to your doorstep.

      http://www.plyojump.com/qrio.html

      In my mind labor laws are just accellerating this change by making the cost of human workers that much more expensive. But really it is going to happen no matter what bacause machines are quite simply getting better and better than men at producing goods and services more cheaply, faster and with higher quality.

      So the real question then is how does a person get what he desires in the way of physical goods and services in an environment of increasing competition and falling costs for goods and services?

      Ultimately we seem to be moving away from a monetary physical goods trading economy and into what some are calling an 'attention economy':

      http://www.firstmonday.dk/issues/issue2_4/goldhabe r/index.html

      However until we are safely in that future how does one survive now?

      1. buy imported/auto-produced goods/services cheaply.
      2. find some facet of the current economy that is hard to outsource and/or automate and/or that you have a special talent for such as: (artist, musician, blogger, podcaster, plumber, engineer, cook, etc...)
      3. if you don't like what you are currently doing then do something else.

    6. Re:This is why competition is a good thing by Anonymous Coward · · Score: 0

      More competition always increases the number of options almost by definition.

      Only temporarily. How many open-source graphics packages are there? One (Gimp).

      The tendency in the F/OSS world is for one package to dominate the others to death, because there is no cost to choosing the most popular platform. And why bother having two implementations of the same thing anyway, when you have the source code to just modify the one you like? The effect is that one package comes to completely eliminate the others. This is not competition! It's "flooding". Without OSX and Windows, there is only one operating system left. Not a variety.. not a competitive market. Just Linux. The "variants" of Linux are not completely different OS's that you can choose from, they are tweaks on the same thing. The browsers are the same way. FireFox is primarily a wrapper on top of a common platform.

    7. Re:This is why competition is a good thing by travler · · Score: 1



      How many open-source graphics packages are there? One (Gimp).

      Actually there are two others that turned up in a simple google:

      http://www.inkscape.org/
      http://www.sodipodi.com/

      Without OSX and Windows, there is only one operating system left.

      There are in fact several open source OS's besides linux, some based on unix some not:

      http://www.reactos.com/
      http://www.freedos.org/
      http://www.netbsd.org/
      http://www.openbsd.org/
      http://www.freebsd.org/

      It is true that certain packages tend to dominate if they are clearly better than the others (such as Gimp or Apache) However in some areas their is still no clear 'winner' such as the battle between KDE/Gnome. This is just natural evolution in progress.

  33. Re:Of course they did... by Anonymous Coward · · Score: 0

    ... not to say that software patents aren't the work of the anti-jeebus, because they are.

    Indian food, culture, programming skills, and now, software patent busting initiatives - all rock!

    Good for india. Good for US.

    Hmm...on another note, I hope this decision doesn't somehow affect the availability of 'Deep' brand Jumbo Samosas. That would be a tragedy worth fighting for & doing something about.

  34. "Stopped"? by The+New+Andy · · Score: 2, Interesting
    I haven't RTFA (it was longer than my attention span), so assuming the headline is correct (big assumption), then it would seem that there are currently some people in India who currently hold software patents.

    If this is the case, then do these patentsnow have no value? Were they compensated? Or are they ceasing to grant new software patents but old ones are still enforcable?

  35. So most US innovation is in the past? by Morgaine · · Score: 4, Insightful

    >> Most patents are in the U.S., most (current) innovation and technology growth is in India.

    >> They have nothing to gain from adopting software patents.


    Your "smart move" response offers the defence of smartness to both sides --- smart of India to bar software patents because they have nothing to gain, and smartness by the US to uphold software patents because they do have something to gain.

    Unfortunately the last part of that is only true under the extraordinarily myopic worldview that most innnovations are in the past, and that therefore it is worth protecting the greater old at the expense of harming the lesser new.

    Well that's stunningly short-sighted. The future is pretty much infinite, whereas technological progress of the patentable type has been around for a couple of centuries at most, and software patents even less, so the inventions of the past represent effectively zero percent of the body of technical development.

    There could hardly be a greater condemnation of the inability of the supporters of patents to see beyond the ends of their noses.

    --
    "The question of whether machines can think is no more interesting than [] whether submarines can swim" - Dijkstra
    1. Re:So most US innovation is in the past? by stinerman · · Score: 1

      There could hardly be a greater condemnation of the inability of the supporters of patents to see beyond the ends of their noses.

      You're forgetting that these people think they should be able to live off royalties for patenting the for loop. As far as they are concerned, the future ends when they die. And as we all well know, you can't take your money with you ...

  36. But how long will it last? by dadjaka · · Score: 2, Insightful

    If the US or EU put pressure on India to get rid of it, will India stand firm and risk the billions of rupees in outsourcing, or allow patents?

    1. Re:But how long will it last? by Suhas · · Score: 4, Insightful

      My guess is they will stand firm. Standing firm against pressure related to siftware patents is NOTHING compared to trade bans and technology export bans which India has had to endure due to it's refusal to sign the Nuclear Non Proliferation Treaty. Basically, they did not give a flying fuck about any american pressure and went ahead and developed nukes anyway. What makes you think they will even listen to a random american diplomat pushing the agenda of american big-business?

  37. Re:Of course they did... by Anonymous Coward · · Score: 0

    Old news. This story is so 2am...

  38. Actually I would say it is Education by MichaelPenne · · Score: 3, Insightful

    that keeps the superpowers on top. Technologcial power is temporary, the only way to keep it is to ensure that your very best minds have every opportunity to discover new technologies.

    This should be even more important to the US, as with our smaller population we have a smaller total pool of potential talent, so it should be even more important that we make sure every American has a chance (and is encouraged) to maximize their talents.

    We're not doing enough in this area any more, the public looks at Higher Ed. more as a way for an individual to make money than as a public good, so public funding of education has been drying up. If we want to keep our 'place' we'll need to start seeing education as a public good again, and get back to funding it that way...

    1. Re:Actually I would say it is Education by ramblin+billy · · Score: 4, Interesting


      Public education in America was never intended to be for the 'public good'. It has always been intended to provide an educated labor pool.It has always been intended to maintain the status quo and socialize children's behavior to insure a stable work force. They don't teach you to think in public schools - they teach you to behave and accept their version of reality. Which I guess now is that evolution is a theory with about the same chance of validity as devine creation. They even have stickers in the textbooks for proof. There is a reason school teachers and policeman are so low on the pay scale. You get what you pay for.

      billy - who worked hard to slip through the cracks

    2. Re:Actually I would say it is Education by cayenne8 · · Score: 1
      "They don't teach you to think in public schools - they teach you to behave and accept their version of reality."

      I'm assuming you are saying this is the way it is in the US vs. India. I'm not so sure. So far in my working experience, as a whole, I've seen quite the opposite. Most of the Indian workers (contracting) I've worked with, were GREAT on rote coding, working with a set plan.

      However, they didn't seem to excel at thinking up unique solutions, or new ways to do things that well. The US workers did much better.....I wasn't sure why this was the case, but, I guessed it was the education system differences and/or cultural ones. In the US...we seem to glorify the individual...the inventor....those that don't just work within the masses. In India, I think they still have the caste system....which I would think would put you in a mindset of "Ok..this is my life...this is what is planned and expected of me to do"....

      Grant it...there are always exceptions...but, in general, this has been my observation in the workplace.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    3. Re:Actually I would say it is Education by ramblin+billy · · Score: 1


      I think some of what you observed can be attributed to native language. I can't think of a single major development environment that didn't have its basis in English - probably all the way down to machine code. While using the languages can be fairly easy, especially by rote, I suspect that 'thinking out of the box' is easier for native English speakers. I know that there are currently projects using Java, XML, and gettext (GNU) working to allow for individuals to code in their birth languages. Given the differing perspectives influenced by language structure it's a no brainer that a wider array of source languages will allow for more creativity. I wonder what kind of RDB someone whose native tongue has 20 words for 'snow' would create.

      My comments on public education were not based on any comparisons. I suspect that Indian public schools share many of the same characteristics as those in America. 'Those who would be kings' are pretty much the same everywhere. They study the same methods, tell the same lies, and have the same need to keep the public from thinking too hard about the status quo. Of course that's a lot easier if the public is never taught critical thinking. It seems to me that in a democratic society the ability to parse a political speech, an advertisement, or a 'crush the Evil Empire' tirade' would be fundamental. It's certainly no harder to learn than trigonometry but is in no way part of the public school curriculum. You DO learn how to show up on time, do specific tasks at specific times, and get along with people you hate. That sounds like job training to me.

      billy - who do I work for?.....why truth, justice, and the American Way, of course

  39. Re:There's quite a bit more to it by Anonymous Coward · · Score: 1, Insightful

    How about this hypothetical situation. We're outsourcing sufficient work to companies in India that they're being well trained in software development methodology in larger numbers. Despite being in India, they can in fact apply for software patents in the US.

    Now, the population of India is significantly higher than the population of the US. Assuming a significant number of software developers were to be trained in India, they could very well reach numbers which outpace the entire population of the US. Now add China to the mix.

    Let's assume this army of developers was engaged in applying for patents when they develop something which strikes them as slightly innovative. That's what happens in the US, so why not? Our patent system would be flooded with patents which US corporations would need to license from companies in India and China. Our own patent system would become the hammer with which to bludgeon our jobs.

    Just something to think about.

  40. re: patent every stray thought by Anonymous Coward · · Score: 0

    1) patent profit in the US
    2) PROFIT!

  41. What RMS says by balster+neb · · Score: 4, Informative
    Well said.

    Richard Stallman had explained this very nicely in a speech against software patents:

    Let me tell the message in the myth of the starving genius. If somebody who's been working in isolation for years and starving and he has a brilliant new idea for how to do something or other. And so, now, he's starting a company and he is afraid some big companies like IBM will compete with him and so he gets a patent and this patent will "protect him". Well, of course, this is not the way of things work out in fields. People won't make this kind of progress in isolation is where you working with other people and talking with other people and developing software usually. And so the whole scenario doesn't make sense and besides, if there's such a good computer scientist there is no need for him to starve. He could have got a job at any time if he wanted.

    But let's suppose this happened, and suppose he has this patent, and he says "IBM, you can't compete with me because I have got this patent ". But here is what IBM says: "well, gee, let's look at your product, hmm, I have this patent, this patent and this patent and this patent and this patent that your patent is violating. So how about a quick cross-licence?". And the starving genius says "hmm, I haven't had enough food in my belly to fight these things, so I better give in" and so they sign a cross-licence and now guess what .

    IBM can compete with him - he wasn't protected at all. Now IBM can do this because they have a lot of patents. They have patents pointing here, here, here, everywhere. So that anybody from almost anywhere that attacks IBM is facing a stand-off. A small company can't do it but a big company can.


    In other words, software patents today mostly protect big companies, so it's no surprise that they are the ones who support them the most.

    The transcript of the speech can be found here. Despite the odd transcription error, it's a great read.
  42. Quillo, no me entero de na by Anonymous Coward · · Score: 0

    Oyes, podeis hablar en Spanchis , que no me entero de na.
    Si hablais en wachi wachi, solo os enterais vusotros.

  43. Free Software Foundation by QuantumG · · Score: 0, Troll

    Ya know, failure to capitalize an organisation name is pretty insulting.

    --
    How we know is more important than what we know.
  44. Re:Of course they did... by MarkKnopfler · · Score: 0, Redundant

    How does this post get an insightful moderation ? I am really really interested to know as to how havin g no software patents will effect the "outsourcing revenue stream". It has become a trend on /. to link India and outsourcing, and something about stealing jobs, whatever the pretext might be. I have no problems with people talking about and raving against outsourcing -- this is a free forum. However I am certainly against senseless talk.

  45. Rotten Old News :-) by Anonymous Coward · · Score: 0

    Patents are removed from India and Indian Lawyers are already out-sourced for defeating patents in EU and USA.

  46. .sig by Morosoph · · Score: 1
    I can throw myself at the ground, and miss.
    Pray tell, who's the miss?
    1. Re:.sig by Anonymous Coward · · Score: 0

      RTFB HHGTTG

    2. Re:.sig by Anonymous Coward · · Score: 0

      WTF RU TA

  47. I have always suspected India.... by Karaman · · Score: 1

    ...is really a free country. I hope US troops never go there! Amen!

    --
    sex is better than war!
  48. Re:Of course they did... by Rattencremesuppe · · Score: 0, Offtopic
    I am really really interested to know as to how havin g no software patents will effect the "outsourcing revenue stream".

    Outsourcing makes sense only if it is cheaper than doing the work inhouse.

    No SW patents == no additional cost for IP departments, lawyers, lawsuits etc. == less cost for a project

    less cost == more attractive for outsourcing.

  49. Re:Of course they did... by WIAKywbfatw · · Score: 4, Insightful

    Seriously, explain what link there is between software patents and outsourcing?

    There isn't one, and trying to make one up won't work. The reason for outsourcing is to drive down labour costs, not to escape software patents.

    --

    "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
  50. Re:Excellent Chairman Mao^c^c^c Smithers by EzInKy · · Score: 3, Interesting

    Way to go folks, let the communists with that wonderfully successful system of the past, adopt the FSF. Ah well, the communists are going to be taking every tech job in the western world into India and China anyway, so I guess its good that they can rob and steal our intellectual property as well.

    So I guess you wouldn't even consider the possibility that our various IP laws themselves are hampering our ability to compete?

    --
    Time is what keeps everything from happening all at once.
  51. When will they learn? by dbIII · · Score: 2, Insightful
    Nowhere else is going to get software patents without huge amounts of lobbying from the groups in the USA that would benefit.

    You would think the USA itself would have learned about overly restricting software by laws from the encryption law sillyness, which was as follows:

    The software developed in the USA could not be used internationally due to restrictions. Plenty of businesses wanted to do secure financial transactions securely using encryption. The solution that occured? Develop the software elsewhere and import it.

    This same approach has the potential to be applied to most branches of software, since the US patent office does not appear to actually assess the merit or existance of proir art. It's very likely that the same approach taken with domain names (if it's in the dictionary it's taken) will apply to basic methods used in software.

    I would be happy to see the USA patch their broken patent system until it works instead of trying to export the chaos to level the playing feild. We've already seen a bunch of companies which live only to sue based on what the former owners did when the company actually did something. Any country that is watching this process carefully is not going to implement software patents.

  52. Re:Of course they did... by MarkKnopfler · · Score: 1

    Really ? Your logic has left me a bit speechless. I guess the next thing you are going to say is that because in India, ( Japan and Britain too I think ) people drive on the left, all Indians, Brits and Japanese visiting USA should drive on the left too, on American roads...
    I really love it when we self styled geeks think that putting C logical operators in their conversations somehow makes their point stronger.

  53. It's Like Terrorism by ObsessiveMathsFreak · · Score: 1

    Like gaurding against terrorists, the anti-patent crowd must stay lucky all the time. The patent lobbiests need only get lucky once.

    They will just keep trying and trying, and once they have obtained software patents in a country, it becomes well nigh impossible to dislodge them.

    The price of patentless software is eternal donation supported lobbying against all-consuming mega corperations.

    --
    May the Maths Be with you!
  54. Competion Works Both Ways by Morosoph · · Score: 1
    I agree that an international minimum wage would be a good thing, but your argument needs to recognise that supply and demand is a two-sided process, and that some laws are an effect of greater wealth, rather than a cause, in that they tend to be enacted when they can be afforded. Unless the law is intrinsically wise, it can in fact diminish wealth that would have competed up wages and standards. Employers compete for employees as well as vice versa.

    Intelligent regulation is a good thing, but the "us and them" mentality isn't going to help regulation become more intelligent. Deliberate ignorance over market factors that help the unemployed and the poor are going to mean that regulation will be counterproductive, for it no longer is a matter of truth, but rather which side you are on.

    As for the meaning of efficiency, the concept isn't defined until you decide what is of value. But I know that you're using the concept sarcastically, so let me address that:

    Efficiency isn't cheapness; it is the best use of resources. Even if maximising GDP is your measure of efficiency, it's no good people being paid less than what they could get elsewhere, for the job that paid more pays more because it is generating more wealth, ie., for them to stay in the less-well-paid job harms both themselves and the economy: it is inefficient. Similarly, slavery is inefficient, for it prevent slaves from moving into more productive work.

    In saying this, I am not your foe, though: I do not measure progress by GDP, which makes me support certain laws (and oppose others) more strongly than if I did. But even by a GDP measure, a number of laws make sense. If someone on a minimum wage can afford better food because of that minimum, for example, they will require less hospital care, and also be more productive. This needs a law, because the employer doesn't typically gain from their long-term health; more likely, another will. Safety standards are required because otherwise risk to workers will be seen equally with other (financial) risks. As startups fail nine times out of ten, safety won't become important for a while. Since a startup failure isn't a major economic failure (others will replace it), safety laws restore efficiency.

    1. Re:Competion Works Both Ways by kcbrown · · Score: 1

      As for the meaning of efficiency, the concept isn't defined until you decide what is of value.

      I didn't think that needed to be defined, because in any society, supply and demand exist and will not be denied. What is of value, therefore, is whatever people happen to demand. Nothing in my definition of efficiency ignores that.

      Efficiency isn't cheapness; it is the best use of resources.

      Er, well, no, not quite. Close, but you don't define what "best" means here. Efficiency is the ratio of productive output divided by the amount of input needed to create that output (if you really want to be pedantic, it's really that value divided by the theoretical maximum value).

      And thus, the most efficient laborer is usually one who is producing while being given a minimum of resources in compensation.

      Similarly, slavery is inefficient, for it prevent slaves from moving into more productive work.

      Well, no, this isn't necessarily so. All it does is change the person responsible for the decision (from the person performing the labor to the person supervising the laborer). If what you said were strictly true, then most companies would not employ a top-down authoritarian power structure. Unless you want to argue that companies in general are horribly inefficient compared to ones which don't employ such a power structure...

      If someone on a minimum wage can afford better food because of that minimum, for example, they will require less hospital care, and also be more productive. This needs a law, because the employer doesn't typically gain from their long-term health; more likely, another will.

      Well, no. The "employer" that gains from someone else's long-term health is just as likely to be the employer in question, because that employer will constantly be employing people who also benefit from the law in question. So you can't argue that a sane employer will be opposed to minimum wage laws on these grounds.

      No, the employer is opposed to minimum wage laws because he doesn't care about the employee's health. He only cares about efficiency: how much he gets out of his employee divided by how much he has to pay.

      One thing I forgot to mention about automation and technology: the more automation there is and the more advanced it is, the less in the way of total labor is necessary to accomplish the same task, and thus the fewer the number of people needed for that task.

      Now, while the amount of work that can be done is infinite, the amount of work that even the richest people in the country want done is not.

      Think about the long term consequences of that combination.

      The long term consequences are that the supply of labor available to accomplish the tasks that those in power do want done will increase as technology and automation improve. That means that the price that can be commanded by that labor must inevitably drop due to the increased competition for jobs.

      This is why economies that have large middle classes, like that of the U.S., are generally much stronger than those that don't. Only those who have a standard of living significantly above subsistence level can afford to demand more than just the basics. The more such people there are, the more economic activity (exchange of labor) there will be. It's not sufficient to simply want something for the market to be able to supply it, one must have the means to afford it.

      Offshoring significantly increases the amount of competition for the same finite number of jobs that the middle class is currently vying for, without benefitting in any real way that same middle class. You know what must happen to the middle class as a result.

      And as a result of the shrinking of the middle class, the total demand for work must fall as well.

      If this were simply a mat

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    2. Re:Competion Works Both Ways by ramblin+billy · · Score: 1


      Yes. Americans were pissed when jobs went to Mexico. Mexicans were pissed when jobs went to China. China was pissed when jobs went to Vietnam. The Vietnamese will be pissed when the jobs go to robots. The robots probably won't be pissed, but they will be unemployed when all manufactoring is done by 3D desktop printers. The problem stems from the basis of business. How do you make a profit? Get something for less than what it is worth and sell it for more than what it is worth. Prices are not determined by fair value but by what the market will bear. The system rewards not those who produce value, but those who manipulate value. Example? Do you really think it costs a telephone company more to connect a call during the day than at night? Why do aspirin cost $4 each in hospitals? It's simple - greed.

      I was wondering how you believe unions fit into the evolution of the workplace. I think what we really need now are CONSUMER unions. Marketing and credit are the modern equivilent to indentured servitude - it will take most of us to break the hold.

      billy - ok I admit it...I usually like brand names better

    3. Re:Competion Works Both Ways by travler · · Score: 1


      Prices are not determined by fair value but by what the market will bear.

      And what is the fair value of an item if it isn't what the market determines it is?

      Who determines what a 'fair value' is?

      What if there is only one of these items left and yet you have many people who want it?

      What if there are several more of the items produced than people want?

      What if we created a system where the value of a good is determined by the producer of the good as you seem to suggest? What would the effects of such a system be if the consumer valued the good differently from what the producer determined?

      By the way telephone calls cost more at different times not because it costs more to switch them but because of the nature of the phone system lines/connections are a limited resource.

      Asprin costs $4 a pill because of the nature of how we choose to pay for health-care via insurance rather than pay-as-you-go. This is a whole topic of debate in and of itself.

      I dare you to read this all the way through (should take about 10 minutes):
      http://www.zeromillion.com/econ/how-the-market-sys tem-works.html

    4. Re:Competion Works Both Ways by ramblin+billy · · Score: 1


      I read the little religious pamphlet at the end of your link. You missed my point. Why do you accept as a given that the best model for an economy relies on the fundamental goal of greed? There is never a discussion of the right and wrong of a thing, only its potential for profit or loss. Business has demonstrated its disregard for the well being of both customers and employees time after time. It is only when the consequences begin to approach the benefits that most businesses focus on anything but the bottom line. Usually that occurs after as much litigation as possible.

      If you don't realize that economics is based on faith and the promise that if you play by the rules you'll get way more than your fair share, then they've got you just where they want you. What's so hard to understand about pricing an item according to its value? If it costs $2 to make and deliver maybe $2.25 or $2.50 is a fair price. That's not the way modern business works though. If they could charge $100 a pop they would. There is a great satisfaction in dealing fairly with people - the respect you command from yourself and everyone around is a direct result of your respect for them. That's the problem with greed side economics - there is no respect shown for the consumer. Sooner or later when you give no respect to others it becomes impossible to have any respect for yourself. After that, all that's left is marketing.

      billy - natural born salesman fighting it one day at a time

    5. Re:Competion Works Both Ways by travler · · Score: 1



      Why do you accept as a given that the best model for an economy relies on the fundamental goal of greed?

      You didn't answer any of my previous questions but I will answer yours:

      If you truly read and understood the link on the previous post you would understand that the driving factor of market economics isn't greed but balance. How many widgets should I make vs how many people want. That is the fundamental question that the current free-market system addresses. Also no other economic system for dealing with scarce resources that I've been exposed to performs as efficiently for all involved. Please feel free to show me one I may have over looked.

      What's so hard to understand about pricing an item according to its value?

      You seem to have an overly simplistic idea of value. Lets say I own some land that is rich in mineral deposits and I spend several hours/days digging to come up with a pound of ore. How much do I charge for this ore?

      Lets say I go by your principles and set the price at some arbitrary amount (say the cost of production + 10%).

      What if there are 100 people who would buy my pound of ore at that price but I only have one pound. Who do I choose to sell it to?

      Lets explore some possiblities:

      Lets say I gave it randomly to one of the people who wanted it. I hope you can see that if I did this then the economy wouldn't be very efficient. Its very likely that I would give my ore to someone who isn't going to make very good use out of it (maybe they want it for a door-stop where someone else needs it because it is a critical component of their product that many other people want)

      Lets say I exhaustively researched how each person who wanted to use the ore was going to do so, in order to give it to the person who I thought was going to put it to the best use. There are two problems here: 1. This will take a large amount of my time. 2. because I am very unlikly to be an expert in all the ways in which my ore can be used I am very unlikly to pick a good end user of my ore anyway.

      Lets say the opposite happens however. Lets say that no-one wants to purchase my ore at my arbitrary price. I 'played by the rules' and produced something that I am selling for a set amount yet no-one is buying. Should buyers be compelled to purchase my ore even though they don't want it at that price?

      Lets look at the possibilities:

      If the government (who is really the only credible entitity that can force people to do things they don't want to do) forces people to buy my ore then everyones cost of production goes up. Maybe they would prefer to use some other ore in their product because it does the same thing but costs less.

      But then what do you do with that 'other cheaper ore' that now isn't being used? Obviously some other industry must be compelled to use it and so on down the line.

      Well this isn't very efficient the government realizes. We can't just have people producing stuff that no-one wants if we have to insure a market for it. So you end up having the government control who produces what. Basically this is a command economy and history has shown these don't work very well.

      There is never a discussion of the right and wrong of a thing, only its potential for profit or loss.

      I would say this is because there is no such thing as objective morality. What I may consider to be the 'right' thing you may very well consider to be the 'wrong' thing.

      http://en.wikipedia.org/wiki/Moral_relativism

    6. Re:Competion Works Both Ways by ramblin+billy · · Score: 1


      First, I will answer some of your previous questions.

      "And what is the fair value of an item if it isn't what the market determines it is?"
      "Who determines what a 'fair value' is?"


      Determining the fair value of a product is based on the actual cost of delivering a product to the end user and adding a reasonable profit. The producer sets the price and the consumer can accept or reject the offer. If the offer is rejected the producer can lower the price to minimize his loss, but won't produce any more of the product. If the product is a great success he can produce more of the product. The PRICE is not dependent on the demand for the product. If you produce a 100 units and set a fair price, the first and last unit would sell for the same price. Pricing the last available item higher than the first is a function of greed. The basis of the market system is to extract the most possible profit from every transaction, regardless of cost, effects on the buyer, and societal ramifications. Whether this basis in greed is INTENDED is irrelevant, the market is dominated by men who subordinate all other concerns. In fact, one of the baines of the modern world is the ascendency of marketing - that and the dependence on accounting to make business decisions. In both cases the overriding objective is to make as much money as possible - greed.

      "We can't just have people producing stuff that no-one wants"

      Sure we can. It happens all the time. It is not the government's job to insure a market for your product. Allowing the highest bidder to purchase scarce resources does not insure their most efficient or beneficial use. Your examples make no sense. You can't justify a system by using selected negative examples from other systems and saying "see, that didn't work, so my way must be best". Take a look at the source of the material you asked me to read.

      " I would say this is because there is no such thing as objective morality."

      And I would say that's a tremendous load of justifying crap. Any society has shared values. They are reflected in laws, if nowhere else. You can't seriously mean that it is morally acceptable to produce harmful products, hide and distort negative information concerning your product, or break laws to maximize profits. These are all daily occurances in the business world. The application of relativism to business ethics is simply an excuse to replace moral guidelines with the profit motive - greed. I'll give you an example. The airline business, like most these days, claims that customer service is a high priority. There is a window of vulnerability when a customer's bags are unloaded from the plane and moved to baggage claim. Someone else can take the bags before the passenger gets there. Airlines used to hire security people to match bags and claim checks - some airlines still do. Most airlines don't do this anymore. Why? An accounting study determined that considering the legal minimum amount they must pay for lost luggage, it is cheaper for them to pay the minimum than pay for the security to prevent the theft of their customer's personal belongings. The fact that usually the legal minimum doesn't cover the cost of the luggage or mitigate the inconvenience to the passenger doesn't matter to the accountants, only the bottom line.

      Look, I know you can't force morals on people. We, as consumers have got to make a stand and let business know that we are sick of the distorting, lying, cutthroat, greedy, methods they employ. We must individually take responsibility for our actions when we represent companies. We must refuse to compromise our personal ethics because "it's my job". And most of all, we must begin to place more value on the common good than profit.

      On another subject, I suggest that when researching philosophical topics there are better places to begin than wikipedia. I think that's probably true about most topics, but I only KNOW it's true concerning philosophy. You might try

    7. Re:Competion Works Both Ways by travler · · Score: 1



      You can't justify a system by using selected negative examples from other systems and saying "see, that didn't work, so my way must be best".

      Since you don't seem to accept that contra-examples disproving the oposing sides argument are a good basis for proving the supierority of one point of view over another I'm afraid that I find it pointless to continue this discussion.

      Thanks for your time and effort.

      Thank you for your time and effort. Hopefully others reading this thread will have been edified by its content as well.

      I'm not opening a new topic of conversation but I did just want to set the facts straight on this point:

      when researching philosophical topics there are better places to begin than wikipedia

      I used wikipedia simply because it seemed to be the most neutral and would be a good starting point for anyone unfamiliar with the concept. Neither of the links you provided adhere to this criteria as one is obviously an anti-moral-relativism argument and the other is a bit too geared towards the academic reader and in my mind doesn't do a very good job of explaining the concept to the average reader.

    8. Re:Competion Works Both Ways by Morosoph · · Score: 1

      Efficiency isn't cheapness; it is the best use of resources.

      Er, well, no, not quite. Close, but you don't define what "best" means here. Efficiency is the ratio of productive output divided by the amount of input needed to create that output (if you really want to be pedantic, it's really that value divided by the theoretical maximum value).

      And thus, the most efficient laborer is usually one who is producing while being given a minimum of resources in compensation.

      Efficiency is what you say it is from the perspective of an individual company, but not from the perspective of the economy at large. As much aggregate wealth is created, regardless of worker compensation, all other things being equal (including worker motivation et. al); but all things are not equal: the renumeration offered affects what the workers choose to do. Wealth is maximised when that most closely reflects the aggregate demand. That demand properly includes the demand for work, so that a job that in other respects generates more wealth can in fact generate less wealth in aggregate if the worker would rather be doing something else, in exchange for a lower wage.

      Similarly, slavery is inefficient, for it prevent slaves from moving into more productive work.

      Well, no, this isn't necessarily so. All it does is change the person responsible for the decision (from the person performing the labor to the person supervising the laborer).

      Actually, who makes the decision makes a big difference. The company doing the hireing is not trying to maximise aggregate wealth, but rather, that of its shareholdes (subject to internal politicial factors). Competition is a factor that can help both to redistribute wealth (in this case workers who could get more renumeration elsewhere can do so), and cull inefficient practice that would otherwise persist through inertia. If slavery fails to maximise wealth, there is no corrective mechanism, as long as the workers cannot move, at least not in the short-term. Eventually, workers would be moved into other fields, but as slaves are likely to be less creative, so generating less wealth.

      If what you said were strictly true, then most companies would not employ a top-down authoritarian power structure. Unless you want to argue that companies in general are horribly inefficient compared to ones which don't employ such a power structure...

      I believe that hierarchy are moderately efficient when subject to competative forces. There are factors that lead to inefficiencies within hierarchies, such as the natures of those who are attracted to management, but these are to some extent kept in check by the fact that workers can jump ship. This means that extremely destructive management practices cannot be sustained for nearly as long as it could be if the workers were slaves, for example.

      If someone on a minimum wage can afford better food because of that minimum, for example, they will require less hospital care, and also be more productive. This needs a law, because the employer doesn't typically gain from their long-term health; more likely, another will.

      Well, no. The "employer" that gains from someone else's long-term health is just as likely to be the employer in question, because that employer will constantly be employing people who also benefit from the law in question. So you can't argue that a sane employer will be opposed to minimum wage laws on these grounds.

      You really think that employers are that rational? Try arguing with a middle-class house-owner that rising house-prices make no difference because any house that you move into is also going up in value. It just doesn't compute.

      Also, it is entirely plausible for there to be both an increase in efficiency and a redistribu

  55. great dessision india by marx2002 · · Score: 1

    i hope we get thru this in europe too.... cheers http://www.cuseeme.de

  56. Re:Of course they did... by Anonymous Coward · · Score: 1, Insightful

    I donot understand why the hell these guys relate
    outsourcing to everything under the sun ?
    Let me put it this way , outsourcing is a step
    towards achieving a global economy, something
    good for everyone. It has been started by the
    American companies. Good for them. And its good
    that new jobs are getting created in developing
    countries. It is very important for the world
    economy that these countries prosper.

  57. What does it mean for the region? by Anonymous Coward · · Score: 0
    This may be a major victory for free software foundation(fsf) which has been lobbying hard against the bill.

    A major victory? India is barely able to feed itself and may likely still be a Third World country. So I ask, who gives a damn if they reject software patents? That Stallman character I bet

    1. Re:What does it mean for the region? by theundead · · Score: 0

      If someone gives Indians a paisa every time someone brings this up, they all would be way richer than you now! I plead you thee, rich first world knowledge lords, how many Americans gives a damn about FSF?

  58. Idiot by Anonymous Coward · · Score: 0

    Of course it's insightful. Look, there have been a lot of cases where indian firms have simply stolen or reused code and when the companies who owned the rights to that code/concept attempted to make a claim they were either ignored by the Indian government or laughed out of court if they actually got there. There was DUN DUN DUN a Slasdot article maybe a month back on that exact fucking subject.

    Now, with this law becoming...not a law, companies have absolutely no ground to stand on in the first place. Please don't try and argue taht they shouldn't from the beginning, because people like me like to make money off of our ideas, and having someone just turn around and copy them all and sell basically my product is totally not cool. This isn't a gimp/photoshop issue, because those are two completely different things when it comes down to it. As far as say a web server VS IIS, concepts like that are so common nobody should be making money off of it anyway, it's like trying to get exclusive rights to the spoon. But original applications should at least have a chance to make some money in the free market before the clones come out, and this makes it so people in India can just go hog wild and copy whatever they want with no consequences.

    1. Re:Idiot by EzInKy · · Score: 4, Insightful

      But original applications should at least have a chance to make some money in the free market...

      You aren't arguing for making money in the free market, you're arguing for a government granting you a monopoly so there is no free market.

      --
      Time is what keeps everything from happening all at once.
    2. Re:Idiot by Artfldgr · · Score: 1

      But original applications should at least have a chance to make some money in the free market... You aren't arguing for making money in the free market, you're arguing for a government granting you a monopoly so there is no free market. not too bright thinking that is not a free market! in order for the market to be free you need to balance the big guy against the little guy. granting a limited monopoly on one aspect of something is not stopping freedom it is insuring it. the kind of freedom you are proscribing is not freedom but anarchy, which is fine if you are the anarchist and everyone isnt!! if there was not the chance of recouping what you put in then there is no reason to try! every decent idea will be taken apart, remade, and sold by other larger concernes that got their start before you were born and would never let go of or stop maintaining their hegemony. in fact if you think inventors and designers are paranoid now... wait if there isnt such protection, nothing will happen because anyone with an idea will be too afraid to even discuss it. their only hope is to acquire a few million and make it themselves and grab the market share... which means that a prodigious inventor can now only create a few things as they cant sell them and move on... withouht a patent you have no idea to sell!!! what would someone be buying? trade secret doesnt cover it when what you make doesnt contain a something that is crucial to its working that no one has or can ficure out. the problem is not from the concept of a patent, its from how the laws have been changed by large corporations to favor them and make the burdens on smaller entities onerous (so perhaps they wont compete they will just sell to the large company for cheap). the other problem is what is being patented... no one argues about patents on physical conglomerations of objects that together do something. but it gets flakier and problematical when its something you just pick up and the limitation to entry is that you have more money. like dna, or bio patents based on reading whats their... under this perview the first person do discover oxygen could have gotten a patent on it. though its not crazy to think that a mouse with special genes and all the work to make is patentable. software though is mathematical... and when the math us special like rsa THAT is what should be patented... but program structure that is not all this unique stuff but only a unique function should be under copyright. for its like a book that is the embodyment of a concept, not a manual that is the desertation of a special fact. its a mess... the big boys are winning and there is no super heroes to help or save. better to stop arguing the point and find better things to do with your time than participate in your personal attrition!

  59. They will be back :( by toolz · · Score: 4, Informative

    The sad part is: India didnt reject swpats because it thought it was the right thing to do - it rejected them because not doing so would have caused the left to get difficult, which would have caused the bill to stall.

    In short, it wasn't because the government was convinced that swpats were bad, but because they found that the remaining stuff that they needed to push through was more important to them.

    Sadly, despite all the good press, the mentality remains unchanged, and I am certain there will be more attempts very soon.

    --
    You aren't remembered for doing what is expected of you
    1. Re:They will be back :( by vjz666 · · Score: 1

      OK, you are missing something here. The "government" you mention also includes the Left, who were against the patents because it was the right thing to do. Hence, the government rejected patents because it was the right thing to do. It does not matter whether the "whole" government agreed or not... the point is, they did the right thing.

    2. Re:They will be back :( by The+Cydonian · · Score: 1

      That was the intended political message yes, but was that the whole truth? :-) What if Manmohan and co found it politically expedient to blame the Left, so to speak, while all along, they wanted this in place?

  60. 3 things by UlfGabe · · Score: 2, Insightful

    three things about this.

    1. India has a population above 1 billion.

    2. 'Human resources' (i hate that word) are cheap.

    3. Profit.

    As someone else posted, only local markets will be affected....but a local market for 1 billion people and industry that can set up shop and USE ANY METHOD known to them for production of a product will surely have an advantage over those paying .15 cents per light bulb based on some patent. This effectively lowers the barrier of entry into Software and manufacturing

    ("hey joe, did you get that new 'patented[not in india]' control system for us?")

    unless im misunderstanding something

    --
    Check journal for info on Anti-TextBook, an idea by me.
  61. rock, meet hard place by interactive_civilian · · Score: 1
    so says symbolic:
    I wonder if the US could "help" India change its mind by threatening to withhold business if it doesn't comply.
    Does anyone know some good numbers about the amount of labour being outsourced to India? Judging by the numbers of comments posted in those kinds of stories, I would guess it is pretty significant, so...

    If the US tried to retaliate by withholding business from India, I guess the outsourcing would have to stop, right? Which means that US companies that outsource their labour would either have to a.) find another place to go that has a well-enough trained/educated workforce to be able to do the work, or b.) go back to employing the more expensive domestic labour force (since the reason for outsourcing is because it is cheaper, right?). I can't imagine many companies being thrilled with that.

    So on the one hand, you have the US doing nothing and probably losing its "patent advantage" in the rest of the world, and on the other hand, you have retaliation which leads to reduced profits for the corporations (which put a lot of money into politics) due to more expensive operating costs, and I don't imagine them taking that lightly. Interesting.

    I am somewhat reminded of something about rocks and hard places.

    --
    "Empathise with stupidity, and you're halfway to thinking like an idiot." - Iain M. Banks
  62. Re:Of course they did... by indifferent+children · · Score: 1
    It is very important for the world economy that these countries prosper.

    It is also important for the world that there never be a significant number of American citizens who could be classified as 'desperately poor'. Our current crop of politicians may be owned by big business, but if we get a 40% unemployment rate, we will vote for any crackpot who promises us a return to the good old days of power and prosperity (like Hitler promised to the Germans (+5 Godwins Law reference)).

    With our history of ill-considered military action, our poorly educated public, and our military might (nuclear and non-nuclear), our desperation would be a bad thing for the world.

    --
    Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
  63. Re:Of course they did... by Walkiry · · Score: 1

    > Seriously, explain what link there is between software patents and outsourcing?

    When you can run whatever software you want to run because a patent says (IBM|Microsoft|Sun|Your Cat|SCO) own Foo in it, or you can't even write it for the very same reason, you will seek solutions to run or write that software elsewhere.

    --
    ---- Take the Space Quiz!
  64. No patents by Anonymous Coward · · Score: 0

    This means that if there are no patents then they don't have to honor anyone elses either. "OH, it's a big vicotry for open source!" No, it's a big victory for the Indians who want to f****ing steal everything. Why don't you idiots ever realise that NO ONE CARES ABOUT OPEN SOURCE! They don't. Why doesn't someone make a closed source alternative to windows that really works and isn't an overpriced package labeled as a relgious movement (read Mac) instead? H

  65. Another point by roman_mir · · Score: 1

    I think a lot of people here are missing this specific point: with Indian companies not paying attention to patents (american patents at least,) it would be possible to charge the firms who use Indian software in the States with patent infringement, wouldn't it? If SCO could bring up charges against so many firms I am sure it is not in the realm of impossibility for some firm(s) to bring up patent infringement charges against whatever firm that uses Indian software. So if MS charges a bank say with patent infringement then these things can happen: MS loses in court or Bank loses in court or Bank settles or the judge throws the case out of court.

    If the judge throws the case, MS will charge again.
    If MS loses in court it would be possible to start a motion to negate all software patents.
    If Bank settles there will be a precedent set and firms may become scared of using Indian software.
    If Bank loses in court Indian software may become non grata in the States.

    Did I miss some things?

    1. Re:Another point by flibberdi · · Score: 1

      >>Did I miss some things??

      I don't know, but software is a tool used by companies as a part of making money, now if an US company can't use some software because patents infringements fear, THEY loose out. The European/Indian company which CAN use the tool (lets pretend it's the best one for the job) will make money (As will the company making the software). As I see it, if the rest of the world refuse to play by US-patent rules, US will suffer.

      One solution for a US-based company is ofcourse to create a company outside US (ring a bell?) and outsorce. The (say) Indian company does the job, and THEY use the software and, hey presto, no problema!! AND it's cheap labour. US becomes one net importer which only consumes things (hey...wait a little...isn't ..) and when everybody has sucked the last life of the greenback, they'll drop it and find some other bigass market (hmm...now, what is the Chinese stands on US patents?).

      Interesting times ahead!!

  66. Re:Of course they did... by chemistry · · Score: 1

    Actually there is a pretty blatant link. What company would outsource IP intensive information to a counrty that doen't uphold IP laws?

  67. here's hoping by suezz · · Score: 1

    that the U.S. levels the playing field and stop all this intellectual property crap that microsoft/sco started and abolish software patents.

    1. Re:here's hoping by Anonymous Coward · · Score: 0

      And what about IBM? They have more patents then everyone else combined, or is this another example of slash penguins selective viewing?

  68. From India, with #@&* by Anonymous Coward · · Score: 0, Flamebait

    Well, I'm posting from India. Outsourcing has channelled some of the obscene money you first worlders earn into obscene salaries for some Indians.

    I am not one of the beneficiaries, so I whine. It's bitterly funny, you know, to see "cybercoolies" earn big money and waste the landscape, while real intellect workers get a raw deal even while doing a worldclass job. $500 a month is pretty good pay, except in Bangalore and Mumbai (Bombay to the uninitiated).

    That aside, I have been pretty lazy even while offering PJ help, not to have checked the patent scene at home. Somebody (maybe the original great^n grand parent) please provide a lickable clink.

    Still, one thing that's been at the back of my mind, is best fit to be said on /. I don't believe Indians will be very good FOSS supporters. From the kind of people I usually see, I can expect no better than freeloading on point-n-click piracy. Who'd want to get their hands dirty with ./config, and risk exposure on GPL, when you can easily filch code and put it in your inhouse project? It's money that matters here, dear! Look at the Indian expats in the US software industry, and get a clue as to which side of the patent question they prefer.

    At the most, you can expect them to try GNU/Linux in software consulting (small-time) to relieve any perceived licensing hassles.

    -clueless

    1. Re:From India, with #@&* by riteshsarraf · · Score: 1

      Absolutely!

  69. Fscker by Anonymous Coward · · Score: 0

    Which "a lot of cases" are you talking about? Is ONE =Lot Of???

  70. Re:Of course they did... by WIAKywbfatw · · Score: 1

    Duh, wouldn't that be a reason not to outsource to countries with no software patents?

    If anything, if what you've just said holds true then not recognising software patents would be disastrous to India's software community, so you're saying that not recognising those patents is bad for Indian business. Well then, why are they doing it?

    You, like the person that I replied to originally, are missing the point: where your software is developed is irrelevant, what's relevant is where it is sold, because the market in which it is sold will determine what effect patents have on your product, not the market in which it is manufactured.

    --

    "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
  71. True, but the intent has changed by jimbro2k · · Score: 3, Insightful
    Originaly intended to encourage the creation of new ideas and protect the 'little guy', patents now do the opposite.

    But that is the new intention: It is like finding a hammer on the sidewalk - originally intended to construct shelters, we now see that it would make a perfect tool to bludgeon people over the head to take their money.

    Basically, we've discovered a new, profitable use for an old tool!

    --
    There is not nearly enough love in the world, but there is far too much trust.
  72. wha wha what??? by AviLazar · · Score: 1

    (Technological) Secrets make a nation thrive

    Secrets? Secrets? You mean like that Closed Source thingy? I am sorry, on /. we, the powers that be, do not respect secrets - especially if it could bring about that
    {Dr Evil Voice}
    evil
    {/Dr Evil Voice}
    Closed Source

    --

    I mod down so you can mod up. Your welcome.
  73. Homo Habilis by Anonymous Coward · · Score: 0

    Humans are nothing if not adaptable.

  74. Re:w00t by Anonymous Coward · · Score: 0

    Thanks to the miracle of moderation, it may actually be all three simultaneously.

  75. Re:Of course they did... by Anonymous Coward · · Score: 0

    Yeah, it also means that they don't have to support IP at all. Outsource to India and you might as well make your software open source because there may be no recourse if they decide to just publish it on the web.

  76. Profit? by Danuvius · · Score: 1
    what happens if I move my application servers to India, process my data there using all the patented techniques I need and then send it back to US?


    PROFIT!!!!
    --
    Akarsz Magyar Gentoo fórumot? Akkor
  77. Microsoft India to file for 70 patents by Anonymous Coward · · Score: 0

    http://www.rediff.com/money/2005/apr/15ms.htm

  78. Hiring now by shm · · Score: 1

    http://www.naukri.com will get you started.

    While there is no H1b quota nonsense, you do need to get a company to hire you first and then sponsor a work visa.

    Good luck.

  79. Hypocrisy by northcat · · Score: 1

    Whenever there is an article about software patents in USA or EU, everyone on slashdot (or rather, the Americans) start condemning patents and say that the very concept of software patents are bad. They even said the same thing on the article about introduction of software patents in India. But on this article about the stopping of software patents in India, it is suddenly about "protecting" US "property" and how Indians and people of other developing countries steal it. If software patents are wrong, they are wrong everywhere and so no one is stealing anything from anyone by "defying" software patents. I'm starting to get a picture of how Americans look at "freedom", economy and developing countries. And it's pretty bad.

  80. Not Really by cOdEgUru · · Score: 1

    Some of the best thinkers in India tend towards Socialism and Communism. Not recently, but before Independence when Communism (or Socialism, depends on who you ask) spread through two of the most educated, free thinking states in India : Kerala and Bengal. Its not surprising that Kerala has 100% literacy, not a minor feat by any standards.

    Young people these days tend towards communism, socialism, the India Congress or whatever political party they choose, not due to personal convictions, but because they are too lazy to work and earn.

    And I would rephrase your last sentence to "Political parties doing something that is actually Good for the economy"!!. Its hard to believe that there still are a handful of Politicians and Bureaucrats who drives change in the establishment.

    1. Re:Not Really by The+Cydonian · · Score: 1
      Actually, on that note, it'd be rather interesting to find out if this was a move started by the Left or subtly instigated by the economic "Dream Team" in power now (Manmohan Singh, Chidambaram, Montek Singh Ahuwalia etc). What is their take on software patents? Did they have an opinion, or did they think this was an issue small enough to concede to the Left?

      It is a known fact that Indian polity is remarkably ideology-free, remember the BJP walked out of this session coz they wanted more concessions to the pharma industry, so it is indeed very interesting to find out how opinion is really is created in India. :-)

      Alas, we'd have to probably wait until someone writes another The Insider or something.

  81. Well that is a public 'good' by MichaelPenne · · Score: 1

    provide an educated labor pool.

    vs. a private 'good'.

    However I was talking about Higher Education, which (esp. in the sciences) was practically free for talented folks in the 50s-60s, mostly through public funds.

    Now we have a great Higher Ed. system, but public funding of it (directly or through scholarships, etc. has dropped to the point that many talented Americans can't afford the $ and/or time to maximize their talents.

    1. Re:Well that is a public 'good' by amliebsch · · Score: 1

      Are you sure about this? I don't know if you are talking about federal or state funding, but I've only seen the levels of funding go in one direction: up. Now - the funding increases may not have kept pace with the increases in the costs of education; and the amount of aid per capita may be less, due to far more people using the public good; but this is not the same as saying that overall public funding has dropped.

      --
      If you don't know where you are going, you will wind up somewhere else.
  82. Re:Of course they did... by ntijerino · · Score: 1

    I would think that this would reduce the amount of outsourcing. If you were Microsoft or Oracle would you want your stuff being developed somewhere that didn't recognize your patents? Isn't piracy what MS is always getting upset about? Am I missing something?

    --
    Stick that in your compiler and debug it!
  83. More than software by jayan · · Score: 1


    The patent issue in India was discussed at length in Local magazines. Primary problem there was getting medicines at cheaper cost. This include medicines used by AIDS patient in Africa et all. Hence the patent regime in India could have had a major impact for poor patients in may parts of the world.

    Indian software companies does not make much money from Patents. There are companies like IBM (or take any biggie) that do lot of work in India, but they file the patent in US. That would not be stopped because of this law..

  84. Re:Microsoft India to file for 70 patents by Deusy · · Score: 1

    Microsoft India is hardly an independent Indian company.

    --

    Free Gamer - Free games list and commentary

  85. clueless flame posts links for a change by Anonymous Coward · · Score: 0
    I've posted them on Groklaw. The original poster was right after all. The link's here

    -clueless

  86. Re:Of course they did... by cayenne8 · · Score: 1
    "Let me put it this way , outsourcing is a step towards achieving a global economy, something good for everyone."

    Hmm....lowering the standard of living in the US, by willfully exporting jobs....helps me how exactly?

    I don't mind nor want to stand in the way of any other country begin to pull themselves up, and finally start to improve their standard of living, but, I'm not altrusitic enough to want to help them at my own detriment!

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  87. Copyright vs. patent by tepples · · Score: 1

    All laws are restricted to a given legal entity (generally a country). Each entity decides how to enforce their own laws.

    Except countries can no longer survive under autarky. The power to make trade treaties gives countries power to control other countries' laws. Specifically, all members of the World Trade Organization must accept the Berne Convention, the Patent Cooperation Treaty, and other TRIPS treaties, as a condition of joining and remaining in the WTO.

    the parameters (such as lifetime of a copyright) varies significantly.

    Damn right. The way patent treaties work in practice is nothing like the way copyright treaties work in practice.

    Patents: An inventor files an application in multiple countries simultaneously. Each PCT party's patent office decides whether or not to grant a patent effective in that country.

    Copyrights: An inventor fixes a work in a tangible medium and files nothing with any agency. All Berne Convention parties are obligated to grant a copyright that lasts longer than a typical prison term for first degree murder.

  88. To "regrade" can mean "to reevaluate" by tepples · · Score: 1

    regrade v. To evaluate again.

    "Indian parliament deleted the section from the patents bill reevaluating software patents as left parties prevailed over the Government on the issue."

  89. Re:Of course they did... by chemistry · · Score: 1

    And you are missing the point as well. It matters a lot to companies the produce IP sensitive information. I work for a pharmaceutical company and we have off shore operations....but none of our IP sensitive information goes. Likewise I also own a software company and non of my internally sensitive information goes to outside programmers. So yeah I would say I have quite a clue as to what I am saying. Oh and yes if India keeps this up it will be bad for their business.

  90. What is the status of already granded patents by anivararavind · · Score: 1

    Some of the already alotted patents in the basis of patent amenment ordinance (passed on December 2004 that implimented patents over embeded software). I dont know the current situation of these patents after patents over software is dropped. In the order of Applicant, patent no, descripation. guset notiofication

    Intel Corp. USA
    192439
    A method of processing a request and a computer system and microprocessor therfor
    April 24,2004

    Seimens, Germany
    193501
    Method for cashless payment
    July 24, 2004

    Canal + Societe Amonyme, France
    193654
    Method of download data to an MPEG receiver/decoder and an MPEG receiver/decoder
    July 31, 2004

    Siemens, Germany
    181381
    Method for transmission of digital signals in time division multiplex channel from via a ATM transmission device.
    November 29, 2004

    Intel Corp.
    192590
    Method for providing content interruption
    May 08, 2004

    Sun Micorsystems Inc.
    193708
    A computer implemented process for processing a computer program and a computer program product therefor.
    August 07, 2004

    Seimens, Germany
    194407
    A method for offering announcement in a communication network and the communication network therof
    October 30, 2004

    Seimens, Germany
    194087
    Method for transmission of data between a terminal and portable data carrier over a wireless electromagnetic transmission stretch
    September 25, 2004

    Sun Microsystems
    194159
    An interactive computer assembly for implementing message dispatch for an object oriented program and method therof
    September 25, 2004

  91. Re:I'm so torn! by Anonymous Coward · · Score: 0

    The Good News: Yes, you can move there.

    The Bad News: You'll have to work at the Indian 7-11.

  92. In "real dollars" of course by MichaelPenne · · Score: 1

    not much point in not using real dollars per capita IMO (see Over the same time period (1988-98), real higher education appropriations per capita declined from $185 to $175.

    Even if you believe that everyone in 1988 had a chance to maximize their talents, we are in decline from that state now. If (as seems likely) only a fraction of the people in 1988 whom could have contributed more to society if they had advanced training were able to get it, then we are in more serious decline.

    That goes to the point: we'll need to maximize the potential of every person to staty competitive, if real $ per capita declines, then there are people with talents who are not getting the chance to maximize those talents.

  93. My new business plan by Daveblog · · Score: 1

    I think the idea of getting rid of patents is fantastic!

    I was going to start a software development company this summer. I had planned to roll out three product lines in FY 2008. I figured three years ought to be enough time for my programmers to fully develop the ideas and get the code written. So, three years, 30 programmers @ $80K per year + an additional $40K in benefits and taxes, $20K per month in rent for office space, equipment, bandwidth, phone lines, etc.

    Screw that! I'm not going to spend millions dollars and three years of my life when as soon as the product launches someone in India can chage the name on the box and sell it for less.

    I'll let the suckers in India do all the labor and just "open source" their stuff with MY brand on it. Let THEM spend the money to develop it. All I need is 10,000 users at $100 a pop and I've made a million dollars profit. The suckers in India have to sell it for $200 and sell a million units just to cover their startup costs.

    The only problem with that...

    They might get tired of me reaping the benefits of their investment. Then, they'll want to protect that investment somehow. After all, it was THEY who spent all the money and time developing the stuff.

    It's a good thing they are so againt protecting intellectual property.

    I'd be screwed and actually have to work for a living.

    Innovation is expensive.

    1. Re:My new business plan by Anonymous Coward · · Score: 0

      You fail to recognize that software patents and software copyrights are different things. Software copyrights allow protection of intellectual property making the hypotetical scenario in your rant impossible: Changing the name on the box of a product is a violation of copyright law, not a patent violation.

      Software patents vary, and IMHO many are actually valid, research and development for some software inventions is indeed costly and the company footing the investment should be allowed to protect it. However, many software patents are frivolous and protect absurdly simple combinations of existing technologies, which anybody with basic software development knowledge faced with a given problem can solve in a matter of hours (not years)

      An example of this is a patent by a company Conexant which has patented the idea that in order for a media stream to be sourced in real time, a buffer containing the leading portion of the stream is stored in the computer while the remaining portion of the stream is read from slower media in real time, provided that said slower media can supply the stream quickly enough for sustained streaming. Think about it: Almost every media player out there has this "buffering" period before the stream starts: Would this be a violation of their patent? is the use of a UPS (battery backup) a violation of their patent because its the same principle applied to energy instead of a media stream? Is the use of a water reservoir also a violation of this patent? are ants who save food for the winter violating this patent, because their are ensuring sustained food supply by having an upfront buffer of food? The principle of using a reserve in order to satisfy realtime demand is too basic to be patentable. but if it is applied to "X" then it is patentable. and then you can go ahead and make the patent apply to also anything else besides X, making the patent theoretically void (for anybody who understands the "art" as they call it), but if the person reviewing the patent is an idiot (and, no offense, but many of them know nothing about enginerring) then the patent is approved.

      This is an example of a stupid patent that is keeping good independently researched technology from being made available to the public.

      A patent is meant to maximize the public good by guaranteeing an innovative company some revenue from their invention, so that the company may produce many nice products using this invention. Some patents are crafted in such a way that what they actually accomplish is limiting the good that an invention can do to the public by making the patent so general that it covers almost anything that follows some basic principle outlined in the patent. Then the patent holder goes on manufacturing only ONE of the applications of their invention, negating the public forever the benefit of all possible derivatives.

      This is no good for anybody except for the company itself and the people who run it.

  94. Re:Of course they did... by Frostalicious · · Score: 1

    "Let me put it this way , outsourcing is a step towards achieving a global economy, something good for everyone."

    People have been brainwashed into repeating this over and over. It is possibly true, on a global scope. However it is never mentioned that while the business owner, India and China are taking 2 steps forward, the American worker is taking 1 step back.

  95. Import ban by tepples · · Score: 1

    US becomes one net importer

    Except it's also unlawful to import patented products without permission of the patent holder.

  96. we are all developed nations now... or should be by Anonymous Coward · · Score: 0

    Make the douches pay. Arguing that we were a pirate nation during our early years is no reason for these greaseballs to scum a profit. I say we cut food exports to this third world hotel until they act like adults...

  97. Good for India... Bad for the imperialists... by miomao · · Score: 2, Insightful

    This is a big success against the US Patent System globalization plan. Indian software industry will be free to develop. The big guys can't expropriate indian ideas or stop indian products. They can only copy ideas when the product is already on the market. In the IT sector... late is always "too" late... :-)

  98. So much for developing software in India by MeanQuestion · · Score: 1

    Whos going to want to run a software company in india if they can protect their intellectual properties. Another strike to a weak government.