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Stallman Critical of OSDL Patent Project

PatPending writes to mention a News.com article about Richard Stallman's objections to the OSDL patent project. He argues that the project may actually be 'worse than nothing', as it will undermine certain legal tactics. From the article: "'Thus, our main chance of invalidating a patent in court is to find prior art that the Patent Office has not studied,' Stallman wrote. Second, patent applicants could use the prior art uncovered by the OSDL to write patent claims that simply avoid the technologies used in the tagged software. 'The Patent Office is eager to help patent applicants do this,' Stallman wrote. Finally, he wrote, a 'laborious half measure' such as the Open Source as Prior Art project could divert attention from the real problem: that software is patentable in the first place."

7 of 226 comments (clear)

  1. Executive Summary by Anonymous Coward · · Score: -1, Troll

    Stallman unhappy

    He wants the project to be named GNU/OSDL Patent Project

    Vows to never take a bath again until it happens. News at 11.

  2. Sometimes I Wonder... by susano_otter · · Score: -1, Troll

    ... maybe Richard Stallman is "worse than nothing" and "a laborious half measure".

    --

    Any sufficiently well-organized community is indistinguishable from Government.

  3. Stallman reams ESR by Anonymous Coward · · Score: -1, Troll

    Taco enjoys

    Film at 11

  4. Re:Stallman... half right by Anonymous Coward · · Score: -1, Troll

    The GNU/Stallman diaries. Issue 3.

    Greetings Comrades! Welcome to issue 3 of the GNU/Stallman diaries!

    Last time on the GNU/Stallman diaries: Myself and my best friend Eric decided to visit the local Zoo to see the butterflies (which I like, as you know). Eric had just visited the toilets and we were about to move on...

    After what seemed like hours we finally made it to the butterfly enclosure. You see, poor Eric has Downs syndrome which has caused (amongst other ailments) dwarfism so he walks kinda slow and lopsided. But finally we were here!

    Millions and millions of butterflies!! They were dancing in the air around us! I was so excited I could hardly contain myself. I whipped out my bone flute and started playing on it right then and there! I started to do a little jig and dance around the enclosure deftly fingering my bone flute. Even Eric started to jig, but it was all lopsided and funny looking - like a dancing Quasimodo! ROFL!

    It was at about that exact moment that the Zoo Keeper tapped me on the shoulder.

    "Excuse me Sir," he said. "You're going to have to stop that."

    "Pardon me?," I replied

    "Put your damn clothes back on and get the hell out of here!," he screamed at me.

    Well! I must say I was not impressed with the Keepers right-wing neo-fascist Nazi attitude so we left and went to the bar for some Cheap Asian Beer!

    THE END.

    (Note to self: Take Eric's bib next time we go to the bar - the drooling left a right mess!)

    That's all for Issue 3! See you next ti
    Syntax error in GNUHurd.bas line 34760.
    Ready

  5. Free as in Free by Anonymous Coward · · Score: -1, Troll

    The irony is that GPL software really is free as in beer - you can download it and use it for nothing. But it is not free as in freedom - because you must promise to obey Richard Stallman's political ideology before you can use it.

  6. No, RMS couldn't be more wrong. by BeeBeard · · Score: 0, Troll

    Disclaimer: IAAL, but not a patent lawyer.

    No, RMS is right about this only if you have no interest in profiting from the things you create, ever, or in benefiting from technological innovations in general.

    The one thing RMS does--his one useful function--is to appropriate good legal arguments and twist them into idealized rhetoric commensurate with his own agenda. In that respect, he's an ideal advocate and leader. But look what just happened here. Look beyond the years of ./ zombie mind control that have taught you to accept what this walking beard-and-glasses says without question. Read the article carefully and look what RMS just did: He was on a roll, pointing out that OSDL can undermine a future prior art-based legal defense to patent infringement. He gives some great reasons why, chief among them that judges tend to be dismissive of prior art that was already considered when a patent was granted. Worse, when the patent is granted, prior art is interpreted weakly. So far, so good!

    But then he goes on to decry efforts to actually make free software that already infringes upon good, valid patents more compliant. Say what? Let's not forget here that idealism is not a legal argument, and that certain free software projects of dubious legality are already in danger of having the rug pulled out from under them by legitimate patent holders. Should that happen, it would irreparably harm Stallman's movement.

    I'm just baffled. Why would helping to ensure a future for free software as a legal product be all that bad, unless you really believe deep down that it's impossible to have good, free software out there that doesn't steal from others?

    Then Stallman drops the bombshell: he doesn't believe a software developer should have any right to protect its intellectual property in the first place. Whoops! And with one fell statement, Stallman alienates those he is trying to appeal to. He polarizes. The IBM's, the Microsofts of the world see that it's not that Stallman wants to help them realize a tenable software patent system that works for everyone. No, he would rather no system existed at all--even though some random guy who creates an innovative way of searching XML files has just as much a right to patent his idea as Edison did the light bulb. Is this reaching across the aisle? RMS has just told us all in no uncertain terms that he doesn't believe in compromise. And we will all suffer him for it.

  7. Not Stallman's idea. Therefore bad. by Swordfish · · Score: -1, Troll

    Stallman didn't initiate it. Stallman didn't anoint it.
    Therefore it is bad, bad, bad!

    It's time for Richard to move to the back row.