Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-10 Thread Nathanael Nerode
On 4 Jul 2005, at 11:44 am, Wookey wrote:
 Take a look at this patent (granted this week in europe)

 http://gauss.ffii.org/PatentView/EP1170667

 I'm fairly sure that apt-get and associated package-integratity  
 checking tools could be considered infringing. (Does dpkg/apt have
 a modular structure?)

Clearly not patentable; there's surely gobs of prior art before the filing 
year of 2000.  This attempts to patent a generic package testing framework!  
It looks to me like dejagnu would infringe some of these claims, if they 
were valid, which they aren't.

The only claims which might be even slightly tricky to find prior art for are 
the claims about assigning a priority to each test.

It's currently in a nine-month opposition period.  Anyone want to do the work 
to find and send in the opposition material?

Gee, patent quality is at an all-time low.  :-(


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Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-07 Thread Turbo Fredriksson
Quoting Brian May [EMAIL PROTECTED]:

 Turbo == Turbo Fredriksson [EMAIL PROTECTED] writes:

 Turbo YEARS (!) ago I wrote the script that did the pre-upgrades
 Turbo to 'bo' (I _think_ it was to 'bo' any way :). It basically
 Turbo only ftp'd (or was it wget?)  required packages from the
 Turbo Debian GNU/Linux FTP site(s), installed them and then
 Turbo allowed the user/admin to continue with the upgrade...

 Turbo Now, that seems like 'prior art' to me (even to apt-get :).

 Did you publish it?

It was distributed as part of Debian GNU/Linux (it was the official script
to do the initial upgrade).


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Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-07 Thread Turbo Fredriksson
Quoting Turbo Fredriksson [EMAIL PROTECTED]:

 Quoting Brian May [EMAIL PROTECTED]:

 Turbo == Turbo Fredriksson [EMAIL PROTECTED] writes:

 Turbo YEARS (!) ago I wrote the script that did the pre-upgrades
 Turbo to 'bo' (I _think_ it was to 'bo' any way :). It basically
 Turbo only ftp'd (or was it wget?)  required packages from the
 Turbo Debian GNU/Linux FTP site(s), installed them and then
 Turbo allowed the user/admin to continue with the upgrade...

 Turbo Now, that seems like 'prior art' to me (even to apt-get :).

 Did you publish it?

 It was distributed as part of Debian GNU/Linux (it was the official script
 to do the initial upgrade).

I got curious about how it really was, so i did some searches in the
list archives. I figured it _should_ be in the debian-devel list...

It seems I only _modified_ (or rather contributed patches) to the script
made by Craig Sanders (autoup.sh). And the more I looked, the more I found
that all my patches was thrown out (using ncftp which wasn't free/open
enough etc). But to my 'defence', it WAS after all seven and a half years
ago... I've contributed a lot of patches to a lot of projects. Can't remember
them all :)


I withdraw my claims. :)


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Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-06 Thread Stephen Birch

 On 4 Jul 2005, at 11:44 am, Wookey wrote:
 Take a look at this patent (granted this week in europe)

 http://gauss.ffii.org/PatentView/EP1170667

 I'm fairly sure that apt-get and associated package-integratity  
 checking tools could be considered infringing. (Does dpkg/apt have
 a modular structure?)

It seems that when RMS cried the sky is falling [this time regarding
patents] he was, once again, absolutely correct.  Software patents are
the single biggest threat not only to the open source movement but
also to small/medium sized software companies.

When the USA bowed to the wishes of large software companies and
made software patentable, it badly crippled its own software industry.

Far from protecting the small inventor as was originally intended
software patents have made it easy for the giant to slay David.

The USA shot itself in the foot.

Today the EU gets to vote on the same issue.  They can elect to have a
thriving software industry well placed to replace the now crippled USA
as the dominant force in the software industry.

Or they can follow the USA and badly damage their own software industry.

Europe, its time to choose.


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Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-06 Thread Moritz Muehlenhoff
In linux.debian.devel, you wrote:
 Today the EU gets to vote on the same issue.  They can elect to have a
 thriving software industry well placed to replace the now crippled USA
 as the dominant force in the software industry.

 Europe, its time to choose.

It has chosen a few minutes ago; the commision's directive has been rejected
by the European parliament. This is not as good as the solution proposed
in the first reading or the amendments made by Mr. Rocard, but it's still
pretty much a victory for the Free software world. Let's hope that this
will lead to the invalidation of the 30,000 software patents already granted
by the European patent body.


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Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-06 Thread Thiemo Seufer
Moritz Muehlenhoff wrote:
 In linux.debian.devel, you wrote:
  Today the EU gets to vote on the same issue.  They can elect to have a
  thriving software industry well placed to replace the now crippled USA
  as the dominant force in the software industry.
 
  Europe, its time to choose.
 
 It has chosen a few minutes ago; the commision's directive has been rejected
 by the European parliament.

According to www.heise.de with 648:14 votes, btw.


Thiemo


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Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-06 Thread Neil McGovern
On Wed, Jul 06, 2005 at 01:17:19AM -0700, Stephen Birch wrote:
 Today the EU gets to vote on the same issue.  They can elect to have a
 thriving software industry well placed to replace the now crippled USA
 as the dominant force in the software industry.

They went for the former :)
http://www.theregister.co.uk/2005/07/06/eu_bins_swpat/

Neil
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Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-06 Thread Rich Walker
Stephen Birch [EMAIL PROTECTED] writes:

 On 4 Jul 2005, at 11:44 am, Wookey wrote:
 Take a look at this patent (granted this week in europe)

 http://gauss.ffii.org/PatentView/EP1170667

 I'm fairly sure that apt-get and associated package-integratity  
 checking tools could be considered infringing. (Does dpkg/apt have
 a modular structure?)

 It seems that when RMS cried the sky is falling [this time regarding
 patents] he was, once again, absolutely correct.  Software patents are
 the single biggest threat not only to the open source movement but
 also to small/medium sized software companies.

Note that this particular patent is:
 EP Status: Granted. Within 9 month opposition window 

So if you have *proof of prior art* you can oppose the patent grant

In practical terms, this means someone who can prove that the Debian
Packaging system does this. Which probably means an Official
Debian Person sending the letter, with dates of when the technology was
introduced into Debian, and perhaps extracts from the Packaging Manuals
of the period to show this.

cheers, Rich.


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Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-06 Thread Turbo Fredriksson
Quoting Rich Walker [EMAIL PROTECTED]:

 Stephen Birch [EMAIL PROTECTED] writes:

 On 4 Jul 2005, at 11:44 am, Wookey wrote:
 Take a look at this patent (granted this week in europe)

 http://gauss.ffii.org/PatentView/EP1170667

 I'm fairly sure that apt-get and associated package-integratity  
 checking tools could be considered infringing. (Does dpkg/apt have
 a modular structure?)

 It seems that when RMS cried the sky is falling [this time regarding
 patents] he was, once again, absolutely correct.  Software patents are
 the single biggest threat not only to the open source movement but
 also to small/medium sized software companies.

 Note that this particular patent is:
  EP Status: Granted. Within 9 month opposition window 

 So if you have *proof of prior art* you can oppose the patent grant

 In practical terms, this means someone who can prove that the Debian
 Packaging system does this. Which probably means an Official
 Debian Person sending the letter, with dates of when the technology was
 introduced into Debian, and perhaps extracts from the Packaging Manuals
 of the period to show this.

YEARS (!) ago I wrote the script that did the pre-upgrades to 'bo' (I _think_
it was to 'bo' any way :). It basically only ftp'd (or was it wget?)
required packages from the Debian GNU/Linux FTP site(s), installed them
and then allowed the user/admin to continue with the upgrade...

Now, that seems like 'prior art' to me (even to apt-get :).
-- 
nitrate quiche Kennedy NSA Honduras Uzi kibo smuggle NORAD munitions
ammunition cryptographic Marxist cracking KGB
[See http://www.aclu.org/echelonwatch/index.html for more about this]


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Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-06 Thread Florian Weimer
* Turbo Fredriksson:

 YEARS (!) ago I wrote the script that did the pre-upgrades to 'bo' (I _think_
 it was to 'bo' any way :). It basically only ftp'd (or was it wget?)
 required packages from the Debian GNU/Linux FTP site(s), installed them
 and then allowed the user/admin to continue with the upgrade...

 Now, that seems like 'prior art' to me (even to apt-get :).

Alas, the patent is about software testing frameworks, and not about
software distribution.


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Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-06 Thread Stephen Birch
Moritz Muehlenhoff([EMAIL PROTECTED])@2005-07-06 12:45:
  Europe, its time to choose.
 
 It has chosen a few minutes ago; the commision's directive has been rejected
 by the European parliament. This is not as good as the solution proposed
 in the first reading or the amendments made by Mr. Rocard, but it's still
 pretty much a victory for the Free software world. Let's hope that this
 will lead to the invalidation of the 30,000 software patents already granted
 by the European patent body.

Well done Europe.  This is great news for small business, open source,
and freedom in general.

Now if only the USA would stand up to the bully boys and revoke the
insane software patent laws in America ...

Steve


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Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-06 Thread Goswin von Brederlow
Rich Walker [EMAIL PROTECTED] writes:

 Stephen Birch [EMAIL PROTECTED] writes:

 On 4 Jul 2005, at 11:44 am, Wookey wrote:
 Take a look at this patent (granted this week in europe)

 http://gauss.ffii.org/PatentView/EP1170667

 I'm fairly sure that apt-get and associated package-integratity  
 checking tools could be considered infringing. (Does dpkg/apt have
 a modular structure?)

 It seems that when RMS cried the sky is falling [this time regarding
 patents] he was, once again, absolutely correct.  Software patents are
 the single biggest threat not only to the open source movement but
 also to small/medium sized software companies.

 Note that this particular patent is:
  EP Status: Granted. Within 9 month opposition window 

 So if you have *proof of prior art* you can oppose the patent grant

 In practical terms, this means someone who can prove that the Debian
 Packaging system does this. Which probably means an Official
 Debian Person sending the letter, with dates of when the technology was
 introduced into Debian, and perhaps extracts from the Packaging Manuals
 of the period to show this.

 cheers, Rich.

Would that mean Debian gets ownership of the patent then and Sun would
have to pay us?

MfG
Goswin


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Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-06 Thread Olaf van der Spek
On 7/6/05, Goswin von Brederlow [EMAIL PROTECTED] wrote:
 Would that mean Debian gets ownership of the patent then and Sun would
 have to pay us?

No, as far as I understand it means the patent isn't valid.



Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-06 Thread Fabricio \segfault\ Cannini
Hi guys!!

IANAL  IANADD, but, AFAICU, 
this relates much more to Linda/Lintian  devscripts 
then to apt. (See points #12 and #13)
In this case, i think that yes, debian and other distros
can prove this patent invalid.
But again i repeat, IANAL.


  Would that mean Debian gets ownership of the patent 
  then and Sun would have to pay us?

It'll be cool to see the magic turn against the wizard. 
;-D

See you.
Fabricio
-- 
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'cause there's no G in DESKTOP.
KDE:
pq não tem G em DESKTOP.



Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-06 Thread Brian May
 Stephen == Stephen Birch [EMAIL PROTECTED] writes:

Stephen It seems that when RMS cried the sky is falling [this
Stephen time regarding patents] he was, once again, absolutely
Stephen correct.  Software patents are the single biggest threat
Stephen not only to the open source movement but also to
Stephen small/medium sized software companies.

Apparently Microsoft has applied for a patents around the world
covering XML-based word processors, including supposedly Docbook,
Abiword, and Kword, by Microsoft[1]. Different articles give different
impressions on how far this process has come.

If this isn't bad enough, there is a patent of the word Stealth[2].

References:

[1] http://smh.com.au/articles/2005/07/05/1120329438947.html (reg required)
http://www.tectonic.co.za/view.php?id=502(public)


[2] http://theage.com.au/articles/2005/07/05/1120329445828.html
http://www.nytimes.com/2005/07/04/business/04stealth.html
(both require registration)

Man of few words speaks language of litigation
July 6, 2005

It's no hoax. A man who claims to own the trademark on the word
'stealth' even did battle over the military bomber, writes Colin
Moynihan.

Can a man own a word? And can he sue to keep other people from using
it? Over the past few years, Leo Stoller has written dozens of letters
to companies, organisations and individuals stating that he owns the
trademark to the word stealth.

He has threatened to sue people who have used the word without his
permission. In some cases, he has offered to drop objections in
exchange for thousands of dollars. And in a few instances, people or
companies have paid up.

Stoller, a 59-year-old entrepreneur based in Chicago, owns and runs
Rentamark. com, a company that offers, among other things, advice on
sending cease-and-desist letters and Stoller's services as an expert
witness in trademark trials. Through Rentamark, Stoller offers
licensing agreements for other words he says he owns and controls,
such as bootlegger, hoax and chutzpah.

He is in a legal dispute with Sony's Columbia Pictures over a film
about navy pilots titled - what else? - Stealth.

Stoller said he first registered stealth as a trademark in 1985 to
cover an array of sporting goods. But in recent years, stealth has
become widely used in marketing.

Companies including Kmart and the consumer electronics maker JVC have
removed stealth from their websites after hearing from
Stoller. Panasonic omitted the word from a product called the stealth
wired remote zoom/pause control after receiving one of his letters.

If you can solve problems without going to court you're better off,
said Russell Rotter, a lawyer for Panasonic.

The best-known stealth brand may be the US military's B2 stealth
bomber, whose main contractor, Northrop Grumman, has fought Stoller to
something of stand-off. In 2001, the company paid Stoller $10 and
agreed to abandon its trademark applications to use stealth bomber
in spin-off products like model aeroplanes and video games.

In return, Stoller agreed not to oppose Northrop's use of stealth in
aircraft or defence equipment.

Trademark owners can obtain the right to use a word for commercial
purposes and prevent others from seeking to use the same word for
similar commercial purposes.

A search of US Patent and Trademark Office records found that Stoller
and companies that share a Chicago post office box with him hold at
least two dozen registered trademarks for stealth, for such diverse
products and services as crossbows, pool cues and insurance
consultations.

Stoller said that he also held and administered as many as two dozen
other stealth trademarks.

We're entitled to own it with all goods and services, he said. We
were there first.

But Mark Lemley, a professor at Stanford Law School, said: Trademark
law doesn't give you exclusive rights in words, only the right to
prevent consumer confusion. He's not in a position to claim that his
mark is unique or famous. It's a common English word that's already
been used in many contexts as a trademark by others.

Stoller says his companies have been in court 60 times but there is no
record within the Lexis database of a Federal Court decision on
stealth in his favour. But in 2003, the US Trademark Trial and
Appeal Board refused to allow an air conditioner company, York
International, to use stealth because Stoller had previously sold
air conditioners with that name.

Stoller has also been on the receiving end of lawsuits. In 1997, the
watchmaker Timex, which held a trademark for stealth watches,
successfully sued him in Federal Court in Connecticut for trademark
infringement.

Eric Goldhagen, a member of the free technology training group
InterActivist Network, said: The fact that somebody, just by claiming
to own a word, can intimidate large companies and powerful law firms
shows the damage, to an extent, is already done.

In the movie realm, Stoller says that he wrote to Sony in March,
objecting to 

Re: [Debian-uk] Sun have (probably) patented apt-get

2005-07-06 Thread Brian May
 Turbo == Turbo Fredriksson [EMAIL PROTECTED] writes:

Turbo YEARS (!) ago I wrote the script that did the pre-upgrades
Turbo to 'bo' (I _think_ it was to 'bo' any way :). It basically
Turbo only ftp'd (or was it wget?)  required packages from the
Turbo Debian GNU/Linux FTP site(s), installed them and then
Turbo allowed the user/admin to continue with the upgrade...

Turbo Now, that seems like 'prior art' to me (even to apt-get :).

Did you publish it?

I think it only counts as prior-art if you published it in some public
forum (not sure of the exact criteria).

If it was a private thing, then it doesn't count.
-- 
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