Hi Jo, Also I think this law proposal is bad for all of the reasons that you outline, no need to argue about that.
But, as I understand it, laws similar to the ones proposed in europe are in place in the US for quite some time now. Now, you are probably right claiming that things in the US are a lot worse on this subject than in Europe. Still I do not see the US significantly lagging behind in software innovation nor do I see open source initiatives being choked there on a big scale by legislative action. Neither do I believe that small software companies stopped writing innovative software anymore in the US due to this regulations. It is just that I think that there will still be life for us even if these laws are passed. Of course, I understand that downplaying the fear and doomsday scenario at this moment is not in the best interest in the fight against these regulations. So, I will refrain from it from now on and support any action against the regulations. Rgrds> Peter > -----Oorspronkelijk bericht----- > Van: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] Namens Jo Lahaye | > MMBase Foundation > Verzonden: woensdag 12 mei 2004 22:33 > Aan: [EMAIL PROTECTED] > Onderwerp: RE: Friday 14 May, 10:00: protest against the > european patent laws > > > Good evening all, > I'm afraid Peter, that we will see more suing in the coming > years. And "small" (Dutch / European) companies (say <5000) > will never be able to pay amounts that are by now 'regular' > in these kind of settlements. Microsoft paying just udner 500 > million dollars for a relatively 'small' infringement just a > few weeks ago.... The point is that the patent holders don't > even need to sue software developers that many times. Just a > few times will do. They will simply scare (end)users, by > pulling them in as well! So the latter will ask the > implementation companies to guarantee that the software > delivered, does not brake any rule/law/regulation concerning > copyrights and patents. Just try to imagine what will happen > next. I'm afraid it is 'apocalyptic' at least for our ict-industry. > > I've been discussing these issues with many 'small' companies > and they are all (including your CEO) convinced that they can > 'never, ever' give such a guarantee to a user (for 100%). And > that they will also never be able to pay for an insurance > against this risk. Because no one can even estimate the risks > involved. > > There is much more to say about the subject, and I already > did (article Automatiseringsgids, many contacts with > politicians on the issue, etc.). Please don't underestimate > the impact this regulation will have. > > The Dutch policy on the issue is not yet decided. Every > signal will help. So I support any action in this respect. > Kind regards, Jo. > > MMBase Foundation > E: [EMAIL PROTECTED] > T: +31 (0)35 6288088 > M: +31 (0)6 53292887 > ===================== > MMEvent4, TU Delft 9 juni > zie: www.mmbase.org > > > >-----Original Message----- > >From: [EMAIL PROTECTED] > >[mailto:[EMAIL PROTECTED] > >Behalf Of Daniel Ockeloen > >Sent: woensdag 12 mei 2004 15:15 > >To: [EMAIL PROTECTED] > >Subject: Re: Friday 14 May, 10:00: protest against the > european patent > >laws > > > > > > > >On May 12, 2004, at 2:55 PM, Peter Reitsma wrote: > > > >> Hi, > >> > >> I think that this law, if it is accepted, will proof to be totably > >> unhandable for any justice system. The proceedings of the > SCO vs. IMB > >> case have proven how complex these cases can become and > how much in > >> debth knowledge and research efforts are required by the law > >> enforcers. The sheer amount of opportunities to sue any party over > >> breaches of any software patent law will be overwhelming > and turn out > >> to be impossible to persecute on a big scale. > >> > >> I do not think any clever lawmaker should want to burden > the already > >> overloaded justice systems anymore with this lawmaking. In > case they > >> will, they will be ending up withdrawing it eventually or worse: > >> 'gedogen'. > >> > >> This is of course just another argument against this law > but also a > >> reason to downplay the somehwat apocalyptic fears that > occasionally > >> arise around this topic. > >> > >> Anyway, lets hope for, and actively pursue a sound decision by the > >> european decision makers. > >> > >> Rgrds> Peter > >> > > > >We all know they won't do alot against many (just like with music for > >example) but do we who work on these opensource projects need a axe > >over our heads, just knowing that (like sco) we can be sued by all > >these companies making silly claims ?. Do i as a programmer want to > >take that risk ? can i afford it ? > > > >Most programmers who work in opensource project do that > partly to share > >and better our world what a nice signal this will send for future > >reference, We are 'allowed' by the powers that be to create > technical > >freespeech (the right to speak in the modern age) as long as some > >weird ass company doesn't sue us over what we all agree are 99.99% > >silly claims. > > > >At what point do we get upset ? > > > >Daniel. > > > > > > > > >
