Re: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-02-02 Thread Russell McOrmond

On Sun, 1 Feb 2004, Danese Cooper wrote:

 I know that some of the bigger firms in the US are explicitly 
 copyrighting their briefs.

  Having a copyright on an expression of an information process is very
different than having a patent on the process itself.  As long as you
don't infringe on their copy then you have no problem with a copyright,
but with a patent it applies to all ways to express a given information
process.

  Given the need to publish precedent with the legal system (a form of
open source) the copyright on these briefs would have to be licensed
adequately open already.

  I do believe that problems created in computer software ends up showing
up in other fields.  We need to eradicate information process patents here
before it causes more serious damage in other more critical aspects of our
society (legal system, electoral/parliamentary system,
governance/democracy, etc - code is law).

---
 Russell McOrmond, Internet Consultant: http://www.flora.ca/ 
 Governance software that controls ICT, automates government policy, or
 electronically counts votes, shouldn't be bought any more than 
 politicians should be bought.  -- http://www.flora.ca/russell/

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3


RE: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-02-01 Thread Brian Behlendorf
On Wed, 28 Jan 2004, Ken Brown wrote:
 http://www.eweek.com/article2/0,4149,1462778,00.asp

I love it.  They filed a patent for a process my company had a working
example of long before the date of filing, and unlike these guys, we
actually implemented it and ran it.  We don't run our site, SourceXchange,
any longer, but it's still infuriating to see IBM take credit for this.

If anyone had a need to debunk this patent, let me know.  Isn't there some
clearing house for prior art should it ever be needed?

Game theory lesson: file a patent on *anything* you're doing.  I'm
considering filing one on the particular way I walk down the hall after
waking up in the morning.

Brian

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3


Re: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-02-01 Thread John Cowan
Brian Behlendorf scripsit:

 I love it.  They filed a patent for a process my company had a working
 example of long before the date of filing, and unlike these guys, we
 actually implemented it and ran it.  We don't run our site, SourceXchange,
 any longer, but it's still infuriating to see IBM take credit for this.
 
 If anyone had a need to debunk this patent, let me know.  Isn't there some
 clearing house for prior art should it ever be needed?

Since the patent was published less than 60 days ago, we are still
within the window to send prior art directly to the USPTO.
Please consider doing this.

See http://lists.xml.org/archives/xml-dev/200401/msg01114.html for
what can be done to break patents *with* the system, rather than
laboriously and expensively in court.

 Game theory lesson: file a patent on *anything* you're doing.  I'm
 considering filing one on the particular way I walk down the hall after
 waking up in the morning.

Why not?  That Australian patent attorney who patented his kid's method
of swinging on a swing is leading the way.  Next step: the patented
legal argument.

-- 
By Elbereth and Luthien the Fair, you shall[EMAIL PROTECTED]
have neither the Ring nor me!  --Frodo http://www.ccil.org/~cowan
--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3


Re: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-02-01 Thread Danese Cooper
I know that some of the bigger firms in the US are explicitly 
copyrighting their briefs.

D

John Cowan wrote:

Game theory lesson: file a patent on *anything* you're doing.  I'm
considering filing one on the particular way I walk down the hall after
waking up in the morning.


Why not?  That Australian patent attorney who patented his kid's method
of swinging on a swing is leading the way.  Next step: the patented
legal argument.


--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3


Re: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-01-29 Thread Ben Reser
On Mon, Jan 26, 2004 at 10:06:10AM -0500, Russell McOrmond wrote:
   I believe that with the speed of software innovation that comparing 20
 years to 50 years (or 75-95 in the USA - I forget how far the USA has
 gone) for exclusive rights in software is like having a philosophical
 debate about whether infinity or infinity-minus-one is larger.

Patents get 14-20 years depending upon the type of patent:

http://www.uspto.gov/web/offices/com/iip/data.htm#PatentProtectionLength

Copyright depends on the circumstances of the creation.

Works for hire get 95 years from publication or 120 years from creation,
whichever is shortest.  

An individual or more than one author who did not create a work for hire
receive a term of life + 70 years.  

So at an age of 26 if I create a work not for hire and live to be 100,
the copyright term could be 144 years.

http://www.copyright.gov/circs/circ1.html#hlc

So assuming the longest possible fixed terms (120 years for copyright
and 20 years for patents) a copyright term can be 6 times longer than a
patent.  If it's not a work for hire as most open source probably isn't,
it can be even longer.

I don't see how you can claim this is an infinity-minus-one vs infinity
argument.

Plus you entirely ignored the main point of my response.  To my
knowledge nowhere in the patent law does it strip a copyright holder of
his copyright.  Patents and copyrights are not mutually exclusive
rights.  They exist in parallel.  

You maintain your copyright on an implementation of a patented
algorithm.  You simply may owe royalties to the patent holder for the
term of their patent.

If the length of a patent hurts software innovation was not the point.
Nor did I make any commentary on that.  I simply pointed out an
inaccuracy in your statement.  

   While you may not agree with what I am saying, I do not agree that I am
 distorting things.

You implied that a patent was mutually exclusive to a copyright.  If
that's not a distortion then I'm not sure what your definition of the
word is.  

   I am being aggressive as most of the responses have been from Alexander
 Terekhov at IBM who is strongly opposed to what I had to say.  It is hard
 for me to not get an aggressive tone considering the way he replied to my
 messages.  Calling me a Communist was classic, and I doubt many other
 people here would have remained any calmer having read such things said of
 themself.

I'd note I made specific note that some of the responses you got weren't
good either.  

   This is an interesting interpretation of things as I do not see very
 many people disagreeing with me, or even participating in this thread.  
 By number of messages you may be correct, but most of the responses have
 been from Alexander.
 
   Other people posting?

Okay maybe I got the number of people posting confused.  But I do think
Alexander posted a number of informative links.  That included rational
explantions for his position.

You responded back and forth with him eventually posting a series of
questions of him.  At the end of which you said:


When answering these questions please don't just think of what IBM or
its employees would privately benefit from, but from what the larger
software sector(s) and economy outside of IBM would benefit from.


Thereby implying that he hadn't done that already.  I'd argue that his
previous informative links and commentary showed in my mind that he was
trying to do that.  Certainly if I were him I would have been offended
that because you didn't share my opinion that you decided to call my
opinion self centered after the effort he went into explaining his
position.

I can't defend him calling you a communist.  But I don't think you were
exactly being fair in your treatment of him either.

   I have reached out to many people at IBM over the years, and each offer
 the same general perspective which is that in their mind that software
 patents are good for software creators.  While I agree that software
 patents are good for IBM, I (obviously strongly ;-) disagree that they are
 good for software creators generally.
 
   I opened the discussion here in the hopes that the OSI (which I am not a
 member of, just a supporter) could form a position on this important issue
 and publish that position.
 
   Alexander is going to be quite accessible as a participant in this forum
 and works for IBM.  He has expressed what I believe to be an honest
 personal belief (and not just him towing the corporate line) that having
 software patentable is good for software creators.  I do not understand
 his beliefs, but he has been quite clear.

Didn't say he hadn't.

   There is little that can be said that the entire Open Source community
 agrees about, so that isn't reason enough to not discuss something ;-) Not
 talking about a quite critical issue when there is a lack of understanding
 isn't going to solve things either.
 
   Alexander has expressed that he believes that software patents are good
 for software 

Re: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-01-29 Thread Russell McOrmond

On Wed, 28 Jan 2004, Ben Reser wrote:

 I don't see how you can claim this is an infinity-minus-one vs infinity
 argument.
  ...
 If the length of a patent hurts software innovation was not the point.
 Nor did I make any commentary on that.  I simply pointed out an
 inaccuracy in your statement.  
  ...

  Just to clarify, I am not disagreeing with your interpretation of the
law and it is how I interpret the law as well.

  What I was trying to say is exactly what you do not want to comment on
which is that when talking about *software* creations and speed of
*software* innovation that talking about 14-20 years vs 50-120 years
(depending on country, when the creator died, etc) becomes a *practical*
argument of infinity vs infinity-plus-one.


  Me authoring FLOSS software which I am not allowed to distribute until
the end of the term of a patent I was unaware of when I created the
software (and I have no way to innovate around) has the *effect* of not
allowing me to exercise rights I would normally have in copyright such as
the right to distribute my own software.  It is true that I still hold
copyright and will be able to exercise those rights at the end of the
term of the patent, but with the speed of innovation in software this
really doesn't offer me much.

  Having multiple rights to exclude being in parallel means that you can
only distribute the work if you have somehow cleared all the exclusions.

  The suggestion that you can simply pay some royalty (assuming RAND of
course - I shouldn't need a lawyer to author software..) ignores a lot of
situations and business models that do not rely on monopoly-rent-seeking,
or otherwise have no way to collect this rent.  With FLOSS it doesn't
matter if the royalty is a million dollars per copy or a millionth of a
cent per copy, you do not have the right/ability to count copies under
FLOSS license agreements so you cannot successfully negotiate a
rent-seeking license agreement.

  The only way the copyright holder is able to distribute their software
as FLOSS is if the patent holder offers a worldwide, irrevocable,
royalty-free, field-of-use-unrestricted patent license.

  If the motivation for applying for the patent was to collect
monopoly-rents then why would they offer that RF license? If the
motivation for applying for the patent was to exclude competitors and
simply have a monopoly, then why would they offer that RF license?  If the
motivation for the patent was to ensure that only a small number of large
companies could exist and compete in a given market, then why would they
offer that RF license?

  Why should my right to receive the moral and material benefits from my
own software under copyright be dependent on the benevolence of a patent
holder who I received nothing from?  If I actually read their patent and
learned something then maybe there can claim to be an exchange, but I see
little evidence that people in the software industry learn from patents.  
In fact most software creators I know avoid looking at patents for fear of
being tainted by them.

 Thereby implying that he hadn't done that already.  I'd argue that his
 previous informative links and commentary showed in my mind that he was
 trying to do that.

  Did you read all the links and commentary?  I did, and I disagree that
he was demonstrating thinking outside of the IBM box.  I understand why
unlimited patentability is good for very large companies like IBM and
can't argue against.  I do not believe that what is good for IBM is good
for the software sector of the economy as a whole.  I did not see
explanations of how unlimited patentability would be good for SMBs or
other sectors (such as the volunteer sector, private citizens innovating
in their home, etc) for which information process patents are only a
liability and a chill on their creativity.

 Certainly if I were him I would have been offended that because you
 didn't share my opinion that you decided to call my opinion self
 centered after the effort he went into explaining his position.

  I don't believe he explained his position.  When asking direct questions
they were avoided.  I put a list of many of my questions in a single
message just in case they were missed and did not receive replies.

  My hope was to bring the conversation to the point where the reasons for
each side were clear, possibly even to the point some trusted third
party could tabulate the pros-and-cons of information process patents.  
This would allow people to look at the core areas of disagreement and
decide for themselves where their priorities were and what the balance of
public policy goals should be.

  I am being honest when I say I am baffled by the views of those who
support information process patents.  I am not trying to be insulting when
I try to get answers, but the other side suggesting that I am somehow
'stupid' for not understanding their logic, or that I am being dishonest,
or that I am a communist or some other 'ist, doesn't help the 

Re: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-01-28 Thread Robert Osfield
Just a coupe of corrections:

On Tuesday 27 January 2004 21:11, Robert Osfield wrote:
 The software patents directive which so far has been turned around at first
 vote in EP vote back in the summer which ratified that pure software is
 patentable, as per the 1974 Europen Patent Convention.

Should read:

The software patents directive which so far has been turned around at first
vote in EP vote back in *September* which ratified that pure software is
*not* patentable, as per the 1974 European Patent Convention.

Regards,
Robert.


--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3


Re: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-01-28 Thread Robert Osfield
Hi Alex,

On Wednesday 28 January 2004 15:19, Alexander Terekhov wrote:
 As an individual (being not at work and not part of some
 collaborative product development community [CPL terms are the
 best for it, I believe]), I release the code straight into the
 public domain, for example:

 www.terekhov.de/pthread_refcount_t/experimental/refcount.cpp

I too have written ref counting code, open sourced of course.  But this really 
doesn't have any relevance on whether SW-pats are good or bad, and nothing to 
do with whats going on in EU.

 Rober Osfield wrote:
 [...]

  The software patents directive which so far has been turned
  around at first vote in EP vote back in *September* which
  ratified that pure software is *not* patentable, as per the
  1974 European Patent Convention.

 http://www.ipjur.com/2003_09_01_archive.php3

 quote

 The misinformation campaign staged by the Eurolinux Alliance
 is really horrendous. 
 /quote

It is interesting that you quote one of the most pro software patent activists 
in Europe for nice unbiased analysis.

To balance things here's a some background on the Author of this report Axel H 
Horns :

http://swpat.ffii.org/players/horns/index.en.html

Feel free to interpret what you think is the truth and from whom, I'll let the 
members of the list make their own opinions.

I would suggest you take time to understand the concerns of others over 
software patents.  We don't all have the luxury of being employed by a big 
corporations with big law departments.  This doesn't make us less innovative 
or our opinions any less valid, but it does make use very aware of 
vulnerabilities and risks to our livelihood.

Robert.
--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3


Re: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-01-28 Thread Alexander Terekhov
Robert Osfield wrote:
[...]
 vulnerabilities and risks to our livelihood.

If you don't intend to eliminate all IP laws (as an ultimate 
solution to the problem of vulnerabilities and risks), then
something like www.pubpat.org is the way to go, I think.

regards,
alexander.

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3


Re: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-01-28 Thread Russell McOrmond

On Wed, 28 Jan 2004, Alexander Terekhov wrote:

 Robert Osfield wrote:
 [...]
  vulnerabilities and risks to our livelihood.
 
 If you don't intend to eliminate all IP laws

  Please stop trying to prove Richard Stallman correct by abusing the term
Intellectual Property to suggest that you are either for IP, or against
IP.
  http://www.fsf.org/philosophy/words-to-avoid.html#IntellectualProperty

  Patents, Copyrights and Trademarks are self contradictory (if you offer
more protection to one group you are taking that protection *AWAY* from
another) and are a balance between competing interests.  Sometimes, just
sometimes, the public interest is considered in this area of public policy
(but unfortunately not as often as it should be).

  Patents and Copyrights are to inventors and creators like water is to
humans:  too little and you dehydrate and die, and too much and you drown 
and die.  Only with the right balance can we survive.

  Hopefully most people will see through attempts to drown us, and instead
work with us to try to create the right balance between competing
interests that best serves the entire software sector (software
manufacturing and FLOSS) as well as the public good.

 (as an ultimate solution to the problem of vulnerabilities and risks),
 then something like www.pubpat.org is the way to go, I think.


  This is like thinking that the solution to nuclear weapons in the hands
of bad people is to have more nuclear weapons in the hands of good
people (recognizing of course that who is bad and who is good is an
extremely subjective and political determination).

  The problem is that patent pools and expensive fights against the
extremely high number of poor quality patents in information processes
only works for organizations with a lot of money (Like IBM) or some sort
of benefactors of those monied special interests.  Threats and chills on
innovation are not reduced by this, and the only real solution is
non-proliferation treaties to try to rid us of the problem in the first
place.

  http://www.pubpat.org/ is not a solution to the information process  
patent problem, but I would agree it will help in subject matter areas
where patent policy is mostly helpful but poor patents still get in.

  The first part of recognizing the problem we are trying to discuss here
is to recognize that those who are against information process patents
are not necessarily against patents in other sucject matter.  We just
believe that the logic and justification behind patent policy fails in
some of the recently expanded subject matter areas.  Subject-matter
independent economic analysis is needed, and this analysis is currently
not being done.

  Those who support patents in other subject matter should be helping us
with these subject-matter independent analysis as the integrity of the
entire patent system is being questioned because of improper expansion of
patent policy into bad subject matter areas.


  Try this out: Offer the software community the justifications for
patents, and we will explain why this doesn't apply to information
processes like software.


Here are just two of the most common ones and one possible response:

  Justification: the alternative to patents is trade secrets where we
never learn about the invention.  Patents get inventors to disclose the
invention so that it is available to the public after the term of the
patent, in exchange for a temporary monopoly.

  Response: distributed software is already published and not a trade
secret. Whether the software is Open Source or not, the right to reverse
engineer to create compatible products means that the 'invention' is never
secret.  In the case of many existing software patents the distributed
software (disassembled) still provides more disclosure of the invention
than the legalistic wording of the patents do.


  Non-distributed software embedded in internal processes (such as
software that controls a robot to manufacture something) is a very
separate situation.  In this case if the process is patentable it is
patentable regardless of the existence of the software (software neither
adds to nor subtracts from the patentability of an invention).  That does
not mean that the software alone taken outside of the context of that
manufacturing process should be patentable -- that is what the per say  
talks about, and the concept is quite simple even if obfusticated by those
who wish to expand patent policy to information processes.



  Justification: long expensive up-front RD needs temporary monopoly to
recoup capital costs.

  Response: I think FLOSS and small-business software manufacturing  
software authors (including shareware and freeware) have always tossed
this idea out the door.  Network effects and first mover advantage are
often far more effective than a patent can be in gaining market share, and
these effects apply equally in a free market sense to the entire sector
and not just the largest players.

  As we move from 

Re: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-01-28 Thread Robert Osfield
On Wednesday 28 January 2004 17:59, Alexander Terekhov wrote:
 Robert Osfield wrote:
 [...]

  vulnerabilities and risks to our livelihood.

 If you don't intend to eliminate all IP laws (as an ultimate
 solution to the problem of vulnerabilities and risks), then
 something like www.pubpat.org is the way to go, I think.

I certainly wish to eliminate all Intelectual Property laws, but I do believe 
in appropriate Intelectual Property laws.  I don't believe that Software 
Patents are good for the Software Industry or Consumers, but I believe very 
strongly in Copyright law's applicability to the Software Industry.  We 
*publish* our works which Copyright is designed for and fits pefectly.  

I welcome the help that Public Patent Foundation might provide in reducing the 
harmful affects of in appropriate Patenting, but its gotta be said this is a 
band aid rather than a cure for the problems that Software Patents can bring. 

Fixing the Directive's in European to ensure that pure Software and Business 
Methods arn't Patentable in Europe and elsewhere is very much preferable and 
effective as its cures the problem at the outset, rather than try to fix it 
late and downstream.

Robert.
--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3


Re: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-01-28 Thread Robert Osfield
Another interesting read is the U.S. Federal Trade Commission reaserch into 
patent policy and competition policy, you find extracts at:

http://www.ffii.org.uk/ftc/ftc.html

The conclusion are that in the software sector competition is much more 
important factor in driving innovation than patent protection.

Robert.


--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3


RE: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-01-28 Thread Russell McOrmond
(Copying Eric Raymond in case he would find this thread interesting -- not
sure if he is a member of the license-discuss list)

  While the discussions of copyright and patent law and licensing might be
seen as on-topic, I suspect we are really sliding off-topic for this list
with this message.

  It does go to the whole justification of patent policy in information
processes, and how this area of policy is being abused.  I just wish the 
OpenSource.org site had more appropriate lists to be discussing this.

On Wed, 28 Jan 2004, Ken Brown wrote:

 http://www.eweek.com/article2/0,4149,1462778,00.asp
 
 Russell,
 
 Have you read this article?  What are your thoughts?

  I read it and many other references posted to other forums.

  To me it it is standard IBM FUD suggesting that creating a monopoly on a
business model will somehow make more money in a given market sector.  
The reality is that there is more money to be made in a free market where
any entrepreneur can set up their own business.  As a proponent of free
market economics (free as in free market, not as in free beer) I
strongly oppose business model and other information process  
monopolies.

  Having a business model monopoly does mean that the employees of the
monopoly may appear to make more money given they don't have free market
competition, but it is harmful to the economy as a whole.  Great if you
want to work for IBM, but I am an entrepreneur who wants to work for
myself.

  I see this as yet another attempt by IBM to try to claim ownership over
something in order to slow down a transition in the economy which IBM
otherwise cannot control.  This transition would force them to compete in
a free market, including compete for highly competent employees who have
far more options in a free market.

  I wish Eric Raymond would get as upset about this as he does the
Microsoft Memos and write a new Halloween document about it.  I agree that
It Ain't Necessarily SCO, but think that we should stop staring at
Microsoft to the point of not noticing what IBM is doing.


Note: If all IBM wanted to do is prevent Microsoft from getting a patent
on this method they could simply very publicly publish prior art.  The
suggestion some have made that IBM did this to protect the movement from
Microsoft is rather amusing.

  If it were not for IBM lobbying for the creation of information process
patents we would not likely have patents in this subject matter to need
protection from in the first place.  IBM was already pushing for
information process patents back in the days when Microsoft was still on
our side opposing software patents.
  http://swpat.ffii.org/players/microsoft/

---
 Russell McOrmond, Internet Consultant: http://www.flora.ca/ 
 Governance software that controls ICT, automates government policy, or
 electronically counts votes, shouldn't be bought any more than 
 politicians should be bought.  -- http://www.flora.ca/russell/

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3


RE: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-01-27 Thread Ken Brown
Robert,

I am really interested in this stuff.  First all, I have to say that I
suspect a tad bit of paranoia in the reporting about what's happening
overseas.  What sources are you quoting that talk about criminalization
for patent infringement?  I'd like to read that stuff.  Russell McOrmond
was saying that IBM is actively lobbying countries to change their
software patent laws.  Again, I haven't seen the reporting...not that I
doubt it, but I just haven't seen any of the evidence.  

Meanwhile, Red Hat is a patent holder.  What say you about that?

kb

-Original Message-
From: Robert Osfield [mailto:[EMAIL PROTECTED] 
Sent: Tuesday, January 27, 2004 4:51 AM
To: Russell McOrmond; OSI license discussion
Subject: Re: PCT (Patents, Copyright, Trademark) policy and Open Source

Hi Russel, 

I expect your position is held by 95% of software developers, I havn't
met one 
software engineer in my career, wether working on closed or open source,
who 
has ever believed that software patents are good for the software
industry.  

It is clear that software patents benefit large coorporations and patent

lawyers, but the vast majority software industry is not in either of
these 
catagories.  Its my belief that software patents are the single greatest

threat to SME's in the software sector and open source development.

Open source depends upon contributions for many individuals, be them
working 
for a corporation or on their own behalf.  The increasing threat of
patent 
litigation and the threat crimialisation of patent infringement (yep
there's 
a directive including this going through the EU right now) is surefly
going 
to make contributors think twice about submitting code, or starting a
new 
project.  Software engineers are often really generous with giving them
time 
to public projects, by won't be happy doing time for doing so.
Without 
contributors there is no open source.

With copyright you can eaily be aware of when you're breaking someone
elses 
copyright, you can manage this risk entirely.  But with patents is very 
difficult to know whether you infringe or not, a patent can pop up even
after 
you've developed something and published it, but then its down to the 
ficklness of court to prove that you don't infringe, if you can't afford
to 
get to court then the onwer of even a bogus patent wins.  

Clearly their are lots of downsides to the open source from software
patents.  
I have yet to so single positive reason for open source that software
patents 
might bring.  The only reason I've seen for pursuing software patents is
that 
of defense, which pre-presumes that software patents exist or will exist

which you'll need to defend against, but this is hardly a positive
reason.

Robert.
--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3


Re: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-01-27 Thread Robert Osfield
Hi Ken,

On Tuesday 27 January 2004 20:16, Ken Brown wrote:
 I am really interested in this stuff.  First all, I have to say that I
 suspect a tad bit of paranoia in the reporting about what's happening
 overseas. 

Not overseas for me.  I'm based in the Scotland, very much part of the EU for 
better or for worse.  I prefer to be view myself as informed is being even a 
tad bit paranoid :)

 What sources are you quoting that talk about criminalization
 for patent infringement?

Here's some source of information on the European situation.  Basically 
there's two directives the Directive on Intellectual Property Rights 
Enforcement and the Directive on the patentability of computer-implemented 
inventions.  Two source for these are respectively:

http://wiki.ael.be/index.php/IPEnforcementDirective

http://ffii.org/

Both directives are controversial, the IP enforcement covers software patents 
and includes highly controversal criminal sanctions section.  This is will go 
to the vote in the European Parliament (EP) in early February.

The software patents directive which so far has been turned around at first 
vote in EP vote back in the summer which ratified that pure software is 
patentable, as per the 1974 Europen Patent Convention.  However, the likes of 
IBM, Microsoft, Nokia, the patent lawyers are heavily lobbying to revert back 
to making software patentable.  The Europen Commision is pro software patent, 
as is the Concil.  The Council and the Commision aren't democratic bodies or 
carry out their work in public.  Currently the Directive is back in the hands 
of the Council.  So this particular battle is far from one.  Once the Council 
has amended the directive, it'll be back to the EP for a final vote.

I'm not an expert on this matters, its best to go to the above links, join the 
mailing lists, sign the call for action etc.

 Meanwhile, Red Hat is a patent holder.  What say you about that?

The thing called defensive patenting, so its nothing to worry about while the 
patents sit there idle.  A waste of Red Hats time and money, but nothing too 
worrisome.

The problem comes when the likes of Red Hat start to think they have nothing 
to loose and go on the Patent offensive.  I can't ever imagine Red Hat 
becoming another SCO but management and circumstances can change.

The real dangers lurk in other organisations though, the ones with more 
patents, or less to loose by unleashing them.

Robert.




--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3


RE: PCT (Patents, Copyright, Trademark) policy and Open Source

2004-01-27 Thread Alexander Terekhov
Ken Brown wrote:
[...]
 I am really interested in this stuff.  First all, I have to say 
 that I suspect a tad bit of paranoia in the reporting about what's 
 happening overseas.  What sources are you quoting that talk about 
 criminalization for patent infringement? 

Sources in opposition to the following proposal for a directive
(without later amendments), I guess. 

http://europa.eu.int/eur-lex/en/com/pdf/2003/com2003_0046en01.pdf
(see Article 20)

 I'd like to read that stuff. 

Read also this:

http://www.europarl.eu.int/meetdocs/committees/juri/20031126/498789en.pdf
(see Amendment 2 and Amendment 27)

I may be missing and/or misunderstanding something, of course.

Well,

http://www.digital-law-online.com/lpdi1.0/treatise16.html
(II.L.4. Criminal Infringement)

regards,
alexander.

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3