Re: Software, Copyrights, Patent & Open Source

On Sat, 21 Aug 1999, Mike Oliver <mikeoliver[_at_]home.com> wrote:
>
> Addressing a number of threads: ...

Thanks for making this clear point available here. I fully agree with you that copyright is not much the issue with software. Where I have been complaining about copyright, it is mostly about the excessive and ever getting longer terms, the invasion on what has been fair-use, and the need for some better protection of fair use in the light of upcoming digital protection schemes, which might prove very restrictive, and take away many uses that consumers have been able to do before (like reselling, giving on loan, etc.)

I agree software patents are far worse, mostly because they are often very broadly worded, are reapplications of old ideas, and cost too much to fight. However, I think the open source movement can certainly do something about it, that is, immediately make all inventions and ideas publicly available, because prior publication kills the possibility of a patent (much more even out-side the U.S.) -- even though in the patent office they may not see it, and happily issue patents on the same algorithm for the sixth or seventh time.

Another loop-hole is of course the exemption for use of patented technology in research environments. This way you can still publish all kinds of software using patented algorithms, as long as you claim it is for research, and don't package it too much as a final consumer end product, you can distribute your code. As the open-source people do not look for financial returns, that route is still open to them. Of course the end users not using it for research are still violating patent law, but that will be very hard to control, without imposing a Stalinist like regime.

I think the law should include very stiff penalties for those who use false or far sought claims not for obtaining justice, but to kill somebody by forcing them to make very high legal costs. It is abuse of the legal system, and a kind of contempt of court.

Jeroen Hellingman
<jehe[_at_]kabelfoon.nl> Received on Mon Aug 23 1999 - 17:52:12 GMT