Re: EU Software Patents

2003-08-28 Thread Henning Schmiedehausen
Terrific. In Germany, political parties _are_ charitable organizations
(gemeinnützig) and donations to them are fully tax-deductable.

Regards
Henning


On Wed, 2003-08-27 at 20:28, Brian Behlendorf wrote:
 On Wed, 27 Aug 2003, David Reid wrote:
  Bill, are you seriously saying that laws in the EU will not have any impact
  on the way the ASF carries on it's affairs? It saddens me as I thought we'd
  moved away from this sort of small minded view of the world :(
 
 No, it means that, at least as far as the IRS is concerned, this is
 potentially an issue, as 501c3 charitable organizations are not supposed
 to be politically active.  The intent is to prevent people from being able
 to make political donations to support a candidate's election and write
 off those donations, as one example.  However, there are plenty of
 advocacy organizations whose 501c3 status is not a question: the EFF, for
 example.  So long as any advocacy we do is around issues and not elections
 or votes or specific politicians, we're good.
 
   Brian
 
 
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Re: EU Software Patents

2003-08-28 Thread Andrew Savory

Hi,

On Tue, 26 Aug 2003, Andrew Savory wrote:

 Some of you may already be aware that on 1st September the European
 parliament will vote [1] on the issue of software patents.

 [1] http://swpat.ffii.org/news/03/plen0620/index.en.html

Rumour has it that the McCarthy report [2] has been withdrawn from next
week's European Parliament agenda.

[2] http://swpat.ffii.org/papers/eubsa-swpat0202/amccarthy0206/index.en.html

I'd like to think it's at least in part thanks to our protests!

Thanks everyone,

Andrew.

-- 
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Managing Director  Tel:  +44 (0)870 741 6658
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Re: EU Software Patents

2003-08-28 Thread Dirk-Willem van Gulik


On Thu, 28 Aug 2003, Andrew Savory wrote:

 Rumour has it that the McCarthy report [2] has been withdrawn from next
 week's European Parliament agenda.

 [2] http://swpat.ffii.org/papers/eubsa-swpat0202/amccarthy0206/index.en.html

Aye - I've heard the same; but Cordis still shows it on the roll. So it is
nto formal yet.

Dw


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Re: EU Software Patents

2003-08-27 Thread Stefan Bodewig
On Tue, 26 Aug 2003, Danny Angus [EMAIL PROTECTED] wrote:

 If anyone's counting a show of hands here I'm a European and +1 to
 opposing software patents in Europe and +1 to the ASF supporting the
 demo.

Same here.

Stefan

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Re: EU Software Patents

2003-08-27 Thread Dirk-Willem van Gulik


 In any case, I'd like to advise everyone to state your opposition by
 just writing to your Representative/Member of EU Parliament: see
 http://wwwdb.europarl.eu.int/ep5/owa/
 p_meps2.repartition?ilg=ENiorig=home for their mail and postal
 addresses.

And when you do - _please_ use a fax or postal mail (unless you know the
MEP - and know that he actually personally reads email). Handwritten is
fine too. And _do_ use your own local language.

Dw


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RE: EU Software Patents

2003-08-27 Thread William A. Rowe, Jr.
At 12:44 PM 8/26/2003, Danny Angus wrote:

If anyone's counting a show of hands here I'm a European and +1 to opposing
software patents in Europe and +1 to the ASF supporting the demo.

I will say that I'm pleased the members were able to turn the ship so quickly
to support the initiative, it shows exactly how far from lethargy our community
is, even near the end of summer.

I should point out though that ASF support of the protest is a bit odd.  
We are a US Delaware charitable corporation bound by (primarily) US law 
and patents (and US patent treaty obligations.)

When the topic of US patent reform comes up (the insanity that has led to
issues such as the .gif file format, SCO v.s. the world, etc) that we most
carefully consider a position and reflect that in our activites.  There are very
stringent lobbing restrictions on the charitable corporation, but that does
not mean we cannot have any positions (consider the various cancer
foundations' support of anti-smoking efforts.)

One thing I do not want from the foundation is a double standard applied
to our positions on US v.s. Euro patents.

Bill



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Re: EU Software Patents

2003-08-27 Thread Brian Behlendorf
On Wed, 27 Aug 2003, David Reid wrote:
 Bill, are you seriously saying that laws in the EU will not have any impact
 on the way the ASF carries on it's affairs? It saddens me as I thought we'd
 moved away from this sort of small minded view of the world :(

No, it means that, at least as far as the IRS is concerned, this is
potentially an issue, as 501c3 charitable organizations are not supposed
to be politically active.  The intent is to prevent people from being able
to make political donations to support a candidate's election and write
off those donations, as one example.  However, there are plenty of
advocacy organizations whose 501c3 status is not a question: the EFF, for
example.  So long as any advocacy we do is around issues and not elections
or votes or specific politicians, we're good.

Brian


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Re: EU Software Patents

2003-08-26 Thread Justin Erenkrantz
--On Tuesday, August 26, 2003 10:09:14 +0100 Andrew Savory 
[EMAIL PROTECTED] wrote:

I'd like to propose that we close (ie swap the front page for a
protest page) as many of the Apache web sites as possible.
Not to belittle this protest, but we do a good job of bringing our own 
sites down ourselves (or UnitedLayer does).

If we were to do this, IMHO, it'd be at the board's direction - no one else 
has the authority to do this.  If you want to provide a page that we could 
replace it with, that may make it easier to receive approval.  -- justin

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Re: EU Software Patents

2003-08-26 Thread Gianugo Rabellino
Justin Erenkrantz wrote:

I'd like to propose that we close (ie swap the front page for a
protest page) as many of the Apache web sites as possible.
Not to belittle this protest, but we do a good job of bringing our own 
sites down ourselves (or UnitedLayer does).

If we were to do this, IMHO, it'd be at the board's direction - no one 
else has the authority to do this.  If you want to provide a page that 
we could replace it with, that may make it easier to receive approval.  
There is an almost standard page at 
http://swpat.ffii.org/group/demo/demo.en.html, so it would just be a 
matter of downloading and setting an .htaccess rule. But I understand 
that it might be pretty late to organize all this with such a short 
notice. Too bad, it's quite an important issue here.

Ciao,
--
Gianugo Rabellino
Pro-netics s.r.l. -  http://www.pro-netics.com
Orixo, the XML business alliance - http://www.orixo.com
(Now blogging at: http://blogs.cocoondev.org/gianugo/)
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RE: EU Software Patents

2003-08-26 Thread Danny Angus

If anyone's counting a show of hands here I'm a European and +1 to opposing
software patents in Europe and +1 to the ASF supporting the demo.

d.

 -Original Message-
 From: Justin Erenkrantz [mailto:[EMAIL PROTECTED]
 Sent: 26 August 2003 18:07
 To: community@apache.org
 Cc: [EMAIL PROTECTED]
 Subject: Re: EU Software Patents


 --On Tuesday, August 26, 2003 10:09:14 +0100 Andrew Savory
 [EMAIL PROTECTED] wrote:

  I'd like to propose that we close (ie swap the front page for a
  protest page) as many of the Apache web sites as possible.

 Not to belittle this protest, but we do a good job of bringing our own
 sites down ourselves (or UnitedLayer does).

 If we were to do this, IMHO, it'd be at the board's direction -
 no one else
 has the authority to do this.  If you want to provide a page that
 we could
 replace it with, that may make it easier to receive approval.  -- justin

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Re: EU Software Patents

2003-08-26 Thread Thom May
* Danny Angus ([EMAIL PROTECTED]) wrote :
 
 If anyone's counting a show of hands here I'm a European and +1 to opposing
 software patents in Europe and +1 to the ASF supporting the demo.
ditto and ditto.
-Thom

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Re: EU Software Patents

2003-08-26 Thread Lars Eilebrecht
According to Danny Angus:

 If anyone's counting a show of hands here I'm a European and +1 to opposing
 software patents in Europe and +1 to the ASF supporting the demo.

+1!

ciao...
-- 
Lars Eilebrecht - Beat me, whip me, make me use Windows!
[EMAIL PROTECTED]

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Re: EU Software Patents

2003-08-26 Thread André Malo
* Thom May wrote:

 * Danny Angus ([EMAIL PROTECTED]) wrote :

 If anyone's counting a show of hands here I'm a European and +1 to opposing
 software patents in Europe and +1 to the ASF supporting the demo.
 ditto and ditto.

+1.

nd

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RE: EU Software Patents

2003-08-26 Thread Giacomo Pati
On Tue, 26 Aug 2003, Danny Angus wrote:


 If anyone's counting a show of hands here I'm a European and +1 to opposing
 software patents in Europe and +1 to the ASF supporting the demo.

+1 for me

--
Giacomo Pati
Otego AG, Switzerland - http://www.otego.com
Orixo, the XML business alliance - http://www.orixo.com


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Re: EU Software Patents

2003-08-26 Thread Gianugo Rabellino
Danny Angus wrote:
If anyone's counting a show of hands here I'm a European and +1 to opposing
software patents in Europe and +1 to the ASF supporting the demo.
Same for both here, if it wasn't clear enough already. :-)
--
Gianugo Rabellino
Pro-netics s.r.l. -  http://www.pro-netics.com
Orixo, the XML business alliance - http://www.orixo.com
(Now blogging at: http://blogs.cocoondev.org/gianugo/)
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Re: EU Software Patents

2003-08-26 Thread Justin Erenkrantz
--On Tuesday, August 26, 2003 19:18:38 +0200 Gianugo Rabellino 
[EMAIL PROTECTED] wrote:

There is an almost standard page at
http://swpat.ffii.org/group/demo/demo.en.html, so it would just be a
matter of downloading and setting an .htaccess rule. But I understand
that it might be pretty late to organize all this with such a short
notice. Too bad, it's quite an important issue here.
If someone (since there seems to be a lot of people +1'ing it) can come up 
with a *suitable* page for us to post, if we get a go-ahead from the board, 
then I'll post it (at least on www).

I'd like to see a page contain:
- the ASF logo so that this is obvious this is our official position
- a description of the situation and what we want to see happen
- links to the 'main' protest site
- a passthrough to the real index page (taking the entire site off-line 
seems a tad excessive, but a link at the bottom of the page to the 'real' 
index page is okay with me).

I'm not as pessimistic that we can get approval in time.  ;-)
But, someone needs to take charge of creating the content.  Any takers?  -- 
justin

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RE: EU Software Patents

2003-08-26 Thread Sander Striker
 If anyone's counting a show of hands here I'm a European and +1 to opposing
 software patents in Europe and +1 to the ASF supporting the demo.

+1

Sander

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Re: EU Software Patents

2003-08-26 Thread Gianugo Rabellino
Justin Erenkrantz wrote:
If someone (since there seems to be a lot of people +1'ing it) can come 
up with a *suitable* page for us to post, if we get a go-ahead from the 
board, then I'll post it (at least on www).

I'd like to see a page contain:
- the ASF logo so that this is obvious this is our official position
- a description of the situation and what we want to see happen
- links to the 'main' protest site
- a passthrough to the real index page (taking the entire site off-line 
seems a tad excessive, but a link at the bottom of the page to the 
'real' index page is okay with me).

I'm not as pessimistic that we can get approval in time.  ;-)
But, someone needs to take charge of creating the content.  Any takers?  
I'm willing to tackle this. The only real problem is content: I can make 
up a description of what's going on in Europe, but problem is coming up 
with a text that expresses the opinion of the ASF (what do we really 
want to see happen? I know for myself, I don't want this law to be 
approved, but is that an ASF position?). I'm not entitled to speak on 
the ASF name, but I can try to make up something objective for the board 
to approve. How can we go forward with it?

Ciao,
--
Gianugo Rabellino
Pro-netics s.r.l. -  http://www.pro-netics.com
Orixo, the XML business alliance - http://www.orixo.com
(Now blogging at: http://blogs.cocoondev.org/gianugo/)
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Re: EU Software Patents

2003-08-26 Thread Erik Abele
On 26/08/2003, at 07:44, Danny Angus wrote:
If anyone's counting a show of hands here I'm a European and +1 to  
opposing
software patents in Europe and +1 to the ASF supporting the demo.

d.
+1 and +1!
just FYI: the ISOC members are currently discussing the same issues but  
it's probably also too late for them to get something official out of  
the door. Given the fact that ISOC is backed by an enormous amount of  
big players (M$, IBM, HP, Cisco, ...) and also software patent holders  
(mostly IETF folks), I find it really surprising to see a big part of  
them against software patents...

and finally another bit of thought food: Bruce Perens speaks on  
software patents...
http://newsforge.com/article.pl?sid=03/08/07/1453252mode=threadtid=19

In any case, I'd like to advise everyone to state your opposition by  
just writing to your Representative/Member of EU Parliament: see  
http://wwwdb.europarl.eu.int/ep5/owa/ 
p_meps2.repartition?ilg=ENiorig=home for their mail and postal  
addresses.

Cheers,
Erik
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RE: EU Software Patents

2003-08-26 Thread Steven Noels
On Tue, 26 Aug 2003, Danny Angus wrote:

 If anyone's counting a show of hands here I'm a European and +1 to opposing
 software patents in Europe and +1 to the ASF supporting the demo.

Ditto here: Apache standing up against SW patents might show the industry 
they can't play nice with open source over here, while paying the 
lobbyists to defend patents with the gouvernment (which is what happens 
here in Brussels, EU 'capital').

/Steven


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RE: EU Software Patents

2003-08-26 Thread Noel J. Bergman
I am in favor of opposing software patents (they aren not working out great
in the USA), but we should not disadvantage our users.  If we post anything,
as we did regarding the JCP, it should not prevent our users from easily
using the site.  People count on the ASF, and while we may want them to
focus on a problem with great potential for damage, we do not not want to
inspire ill-will because someone could not access something they needed from
our site in a timely manner.

This issue has been around for years.  Until something spectacularly bad
happens, there will not be a popular uprising, but I cynically do not
believe that the protest will have a great effect.

My prediction is that what will happen is that companies like Microsoft will
use patents and protocol copyright (copyrighting the wire level protocols)
to attack Open Source software, since they are gradually losing on most
other fronts.  Microsoft has already turned a Court mandate that they open
their protocols into a licensing scheme to control a wide range of wire
level protocols.

The infrastructure must remain open and unencumbered, but it seems that the
only solution seems to be employing the same weapon.  The IETF and other
standards bodies should take out copyright and patent protection on the open
standards, and use those as leverage in the same way that the big companies
use their patent portfolio.  Perhaps Roy should have filed a patent on REST.

--- Noel


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RE: EU Software Patents

2003-08-26 Thread Henning Schmiedehausen
+1, +1 and the main question remains why we (and I don't mean just the
ASF but all of us that develop and/or work with OSS and free software)
were collectively blind and deaf to this issue. This didn't surface just
today. We simply had a blind spot for this. :-(

Regards
Henning


On Tue, 2003-08-26 at 19:44, Danny Angus wrote:
 If anyone's counting a show of hands here I'm a European and +1 to opposing
 software patents in Europe and +1 to the ASF supporting the demo.
 
 d.
 
  -Original Message-
  From: Justin Erenkrantz [mailto:[EMAIL PROTECTED]
  Sent: 26 August 2003 18:07
  To: community@apache.org
  Cc: [EMAIL PROTECTED]
  Subject: Re: EU Software Patents
 
 
  --On Tuesday, August 26, 2003 10:09:14 +0100 Andrew Savory
  [EMAIL PROTECTED] wrote:
 
   I'd like to propose that we close (ie swap the front page for a
   protest page) as many of the Apache web sites as possible.
 
  Not to belittle this protest, but we do a good job of bringing our own
  sites down ourselves (or UnitedLayer does).
 
  If we were to do this, IMHO, it'd be at the board's direction -
  no one else
  has the authority to do this.  If you want to provide a page that
  we could
  replace it with, that may make it easier to receive approval.  -- justin
 
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RE: EU Software Patents

2003-08-26 Thread Noel J. Bergman
 Is having the real home page one click or 60-seconds away for one day
 really something that bugs the Apache userbase a lot?

No.  I think what you did was fine in that regard, and have already
commented on it.  We are apparently still dealing with mail-lag.  :-)

 I know that patents will be a huge issue for years to come.

I predict that it will be really ugly.  Fortunately, there are Open Source
friendly companies like IBM, so with their patronage, Open Source can
succeed.  Should they turn face, ugly will be an understatement.

--- Noel


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RE: EU Software Patents

2003-08-26 Thread Noel J. Bergman
  I predict that it will be really ugly.  Fortunately, there are Open
  Source friendly companies like IBM, so with their patronage, Open
  Source can succeed.  Should they turn face, ugly will be an
understatement.

 Agreed, but did you know: [that IBM is the worlds most prolific patenter]

Yes.  Hence the observation that the patrongage of companies like IBM would
be essential.  If patents are granted, the only way to combat them is with
other key patents.  It becomes a war to see whose portfolio is larger and
has more keys that can be used to force someone else to let you use theirs.

--- Noel


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