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Patent Mess May Stifle Australian Software 231

gtoomey writes "Australian Open Source lawyer Brendan Scott is claiming the USA/Australia Free Trade Agreement (FTA) will damage all Australian software development. An article in the Sydney Morning Herald says that developers have probably built products which 'infringe' on U.S. software patents, while the FTA is forcing Australia to adopt DCMA laws."
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Patent Mess May Stifle Australian Software

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  • Australia? (Score:3, Interesting)

    by mikeleemm ( 462460 ) on Sunday August 08, 2004 @03:34AM (#9912214)
    This type of stuff has gotta affect everyone, not only in Australia.. Any thoughts on the matter?
    • Re:Australia? (Score:5, Interesting)

      by Soko ( 17987 ) on Sunday August 08, 2004 @03:46AM (#9912245) Homepage
      Well, for one, Dr. Andrew Tridgell [samba.org] is an Aussie. Several key OSS devs are as well. A major thorn in the side of Microsoft et. al. is that when they win in the US through buying laws, someone in another country does what those in the US no longer can.

      One can see that the Closed Source MegaCorps have realised that unless they get all lawmakers, not just those in the US, on thier side OSS will march on with out missing a beat. This could be the thin edge of the wedge, as it were.

      Soko
    • Many thoughts, but also a question...

      Will New Zealand also jump on this particular bandwagon? Seems our largest trading partners are into it, so are we next? Or have our politicians already done it?
      • by waynemcdougall ( 631415 ) <slashdot@codeworks.gen.nz> on Sunday August 08, 2004 @04:02AM (#9912276) Homepage
        Yes New Zealand will most likely jump on this band-wagon.

        It has already been raised by America as being a part of any free trade agreement (which supposedly New Zealand wants) and the only reason we don't have a free trade agreement now is our less than 100% support on wars in Afghanistan and Iraq - the ongoing nuclear-ship ban also hasn't helped.

        Of course New Zealand is most likely to give that bargaining chip away before negotiating any free-trade agreement. Our copyright and patent laws are alredy being revised to bring them more into line with a DMCA type approach. American forces in particular are bringing their weight to bear to re-outlaw parallel importing. And we're mostly likely to bring our commercial laws (including copyright, and DMCA type provisions) into line with Australia. Whenever that happens (eg food regulations) it is always new Zealand that changes to match Australia.

        Pretty much our only hope is a general anti-American sentiment by our leftish government. Two problems with that:
        a) we won't have a leftish government forever
        b) a leftish government is more likely to trade away copyright provisions (no votes there) in exchange (or compensation) for being able to slightly bad-mouth America in the political arena

        So we're doomed. But lobby anyway.

        • Yeah, I have to agree with you.

          What bugs me is that I'm likely to vote for a National-ish goverment based on other non-software issues, despite knowing they'll sell out to the US on exactly these kinds of issues. And it wouldn't surprise me at all if the Labour-ish parties did as well, except they'd try to do it more quietly.

          I really hate politics, it's always about which party's policies (and politicians) you dislike the least.
          • by Anonymous Coward
            Never vote for any party that will get more than 5% support - they have sold out to popularism.
        • by Omega1045 ( 584264 ) on Sunday August 08, 2004 @04:54AM (#9912361)
          You don't want free trade with us. We suck. We make horrible trilogies like Star Wars 1, 2 & 3. In constrast, you make great trilogies like LOTR 1, 2 & 3.
        • Pretty much our only hope is a general anti-American sentiment by our leftish government.

          The real problem is that it's irrational anti-American sentiment. They don't dislike America for any specific reason; they dislike America because disliking America is what they do.

          If they had a rational agenda against - for example - foolish patent laws and the DMCA, then I might support them, but they don't. (Same with the left here in Australia, and in Europe, and in America itself.)

          But yes, wherever else your p
          • by SoupIsGoodFood_42 ( 521389 ) on Sunday August 08, 2004 @09:22AM (#9912917)
            The real problem is that it's irrational anti-American sentiment. They don't dislike America for any specific reason; they dislike America because disliking America is what they do.

            Strongly dissagree there. The reason our current government is "anti-American" (it isn't really) is because of issues like Iraq, envronmental issues, human rights etc.

            Unfortuantly copyright law etc. isn't one of the reasons. But there deffinitly are good reasons.

            Our current prime minister was a protester of the Vietnam war. I think that says alot.

          • The real problem is that it's irrational anti-American sentiment. They don't dislike America for any specific reason; they dislike America because disliking America is what they do.

            that is not quite correct. Outside of America, our government throws their weight around and far more than the average citizen realizes.

            Good example, is Iraq. I know the American who was tapped to get Bagdad Airport going and keep it open. Before he left, several government ppl came in and told him that he was to give special c

        • New Zealand is most likely to give that bargaining chip away

          It doesn't matter anyway. They don't have to play by the rules [findbcwood.com], only YOU do.
      • Re:Australia? (Score:2, Informative)

        by tonyr60 ( 32153 ) *
        Probably not. NZ is substantially an agricultural based exporter. The FTA between Aus and USA provides little benefit to the Aus agricultural exporters (and they are not happy).

        In addition successive governments in NZ have not shown a desire to effectively become a close partner with USA at all costs, unlike Aus. Examples of this stance are the long standing Nuclear Free Status which effectively locks out US warship visits and more recently NZs non commitment to the US aggression in Iraq (although we d
        • Re:Australia? (Score:3, Interesting)

          by Babbster ( 107076 )
          Examples of this stance are the long standing Nuclear Free Status which effectively locks out US warship visits and more recently NZs non commitment to the US aggression in Iraq (although we do support UN's involvement).

          Because, as has been demonstrated, the UN always does a bang-up job [economist.com]...

          • Re:Australia? (Score:3, Interesting)

            Always? No. Nobody's perfect. But a less-than-perfectly implemented humanitarian effort to feed starving people is a hell of a lot better than going in with guns blazing for manufactured reasons with the intent of sorting it all out later.
    • Re:Australia? (Score:5, Informative)

      by acceber ( 777067 ) on Sunday August 08, 2004 @03:47AM (#9912248)
      It affects Australia because it's a US-Aus FTA. It is presently under hot debate in Parliament House in Canberra at the moment. I hear it on News Radio (630 AM) in Sydney almost every day.

      Currently, the opposition (Mark Latham and the Labor Government) are proposing their own amendments to cater for this issue which would undoubtedly affect developers in Australia and cripple the industry and the economy to a big extent. John Howard, the current Prime Minister of Australia (if you didn't know), says that he is ready to "have a look" at any proposals of amendments to this current dilemma because the national interests of Australia are far more important than any short-term political advantage when it comes to the US-Aus FTA.

      There is a reason why the US Senate passed the FTA first. The advantages towards one country seem to significantly outweigh the advantages the other country will receive. At this stage anyway.

    • Re:Australia? (Score:5, Insightful)

      by miyako ( 632510 ) <miyako AT gmail DOT com> on Sunday August 08, 2004 @03:53AM (#9912262) Homepage Journal
      I think that was somewhat the point of the article, the shitty software patent system in the US is effecting everyone else i the world.
      The problem, at it's heart, I think, is the incongruence of technology and law. On the one hand, lawmakers don't understand technology well enough to write good laws, and on the other hand technology is such a broad topic and a fast moving target that even if there were a bunch of technologically savvy people in position to write technology laws, the way the system exists today by the time a law was written, passed and enacted the lawmakers would be 6 months behind on what needs to be done.
      I think one of the major factors to this is that people both in and out of industry don't really understand how blazingly fast technology moves. While 10 years might be reasonable for a phsical invention, having ANYTHING locked up in patents in software is going to stifle innovation horribly.
      I'm all for companies who invent new and great things in the world of software to be able to make money on it, they put in the work and they deserve it. But the reality is that software patents really don't seem to necessary. If I invent some super great algorithm and software based around it, and really do keep it a secret untill it's released in my product, by the time my competitors are able to churn out a competing product I already have mindshare and better damn well already be working on the next version of my software.
      Of course the corperations won't be happy without a patent, and in some sence it's even justifiable to say that they are right to want some insurance that nobody else can rip off their idea, but if the lawmakers are going to get paid off to allow software patents, I think it should be for a maximum of 1 year. This gives them a head start as a reward for their work, but still allows innovation.
      This all of course doesn't address the problem with junk patents, but at least it would go some way to minimizing the damage. I'd much rather we only have to wait for 1 year to be able to have applications which use double click or radio buttons than 10 years.
      • Patents on non-physical technologies only lasting 3 years... sounds short but really that's how long a generation of software lives these days.
        • It's also impossible, because the TRIPs agreement requires all patents to last equally long (but it doesn't require patents on software).
    • Linux Australia [linux.org.au] has a page with details of the Free Trade Agreement. [linux.org.au] including the text of a speech given by Rusty Russell [ozlabs.org] to the senate select commitee. [linux.org.au]
      So far most of the debate in parliment has centered around the price of pharmaceuticals and the local content on australian television.
  • No it won't (Score:5, Funny)

    by fireman sam ( 662213 ) on Sunday August 08, 2004 @03:35AM (#9912215) Homepage Journal
    It won't damage Australian software development. Microsoft Australia, Sun Australia, Apple Australia will do just fine.

    For me personally, you can catch me at Elisabeth St intersection washing windscreens for the MS, Sun and Apple developers as they head of to work.

    • It's amazing to me that the citizens of Australia would lead themselves to slaughter like this but they seem to be doing it at every oportunity.

      At least europe is resisting a *little* bit.
  • by Anonymous Coward on Sunday August 08, 2004 @03:37AM (#9912224)
    Outsource to Tasmania.
    • Speaking of outsourcing, do the popular outsourcing countries such as India and China have similar restrictions? Or has a loophole been created to allow multinationals to "infringe" with impunity?
    • Outsource to Tasmania.
      The devil you say!
  • DCMA laws? (Score:4, Funny)

    by Dot.Com.CEO ( 624226 ) * on Sunday August 08, 2004 @03:42AM (#9912235)
    I mean, if you are willing to put your post in the queue, please try to at least sound like you know what you are talking about. It is the DMCA. Digital Millenium Copyright Act. Not DCMA, not YMCA.
  • Bandwidth (Score:3, Insightful)

    by scowling ( 215030 ) on Sunday August 08, 2004 @03:45AM (#9912242) Homepage
    One would think that the primary roadblock to software developemnt in Australia is the price of Net access and bandwidth. Isn't it ridiculously expensive there compared to North America?
    • Except for the 175 ms lag time for overseas sites, it's all very similar and affordable.
      • That might be the case in the major cities. As soon as you move outside of the capitals (and major regionals) you cop a hefty price premium; naturally you never see it being advertised. A 512/128ADSL costs ~$100/mth where I am, with a more usable 1500/256 costing ~$200/mth.

        PLD.
        • I have a 512/128 ADSL and pay AU$ 110.- per month for it. I'm living in Cronulla, Southern Sydney.
        • Re:Bandwidth (Score:4, Informative)

          by ColaMan ( 37550 ) on Sunday August 08, 2004 @05:09AM (#9912382) Journal
          Hmmm... where are you?

          Check around the ISP's, sounds like your pricing's stuck a few years behind. Might I suggest whirlpool [whirlpool.net.au] , if you haven't already seen it? Anywhere that Tel$tra's got a DSLAM, you can also get any other ISP in australia that sells ADSL.

          I'm in Mount Isa, and I get 512/128 from Internode [on.net] at $59/mo. That's with 12GB download (capped at 40kb/s after that), a pile of quota-exempt mirrors (mmmm... gentoo rsync :-), a heap of free radio relays.. etc. If you don't like caps, you can get a "flat-rate" plan that does some prioritisation depending on your current download totals compared to everyone else currently using flatrate. But anyhoo, that's enough Internode fanboyism from me :-)
          • I'm just up the road a bit - Charters Towers. We're using 512/128 via Dodo *oh the shame!*. Fortunately at least we have no limit on our downloads as we seem to somehow consume ~20Gb/mth (I suspect a lot of that is from my never ending ISO downloads).

            PLD.
            • Dodo? Hang your head in shame! :-)

              Have a browse through the forums at whirlpool... they're a pretty reliable indicator of ISP goodnes. I've pulled 30GB or so on internode's flatrate plan before... and I've heard of people getting 60GB on it without too much hassle.

              But yeah, ISO's can sure suck up the old bandwidth a bit. Beat's the hell out of my first ISP experience with a 2400 baud modem and AUSPAC :-)
              • At least the girls in the Dodo adverts are pretty :-P

                *looks around nervously for wife*

                I'll take a look around - I could really do with 1500/256 (or 512 upload), as each time I put out a new release of my software it means another ~200Mb of uploads; rather painful even at 128K.

                PLD
    • Sure is. I pay almost AU$100 for a 1.5/256 ADSL account with a 10 gig data limit, and I've got one of the better plans out there. The main Telco (Telstra) charges even more. Australia has been turned into a real technology cess pit.

    • Re:Bandwidth (Score:5, Interesting)

      by mcbridematt ( 544099 ) on Sunday August 08, 2004 @05:07AM (#9912378) Homepage Journal
      Sending traffic across the road to the "Big 4" (Telstra, Optus, MCI/Ozemail, Telco NZ/AAPT) costs a fortune, since they refuse to peer with anybody else. In fact, bringing your own link from the U.S is cheaper than transit bandwidth from the Big 4, that is, if your in Sydney with lots of money. Only 6 ISP's actually have their own international links.

      Theres a big push in Australia to get ISP's to peer at peering exchanges like PIPE and WAIX in the capital cities. Most ISP's here (bar the "Big 4" except in one case) are connected to them, and some even offer quota free content for anything that goes through a peering exchange.

      Broadband speeds are rediculous here too. Telstra's ADSL wholesale network is limited to 1500/256k with the lowest being 256/64 (and everybody who upgrades from that to 512/128 says that 256/64 isn't broadband). Companies like Optus (and it's XYZed subsidiary), RequestDSL/PowerTel, iiNet (residential deployments, unlike the others), Internode (one DSLAM for a town which didn't have any. Tester said that once things got past 4000k downstream, speed didn't really increase.) and a few others around the country have been rolling out DSLAM's to overcome this limitation.
      There are only two major HFC networks, and they are in the captial cities (Optus, Telstra. Both have had an agreement not to lay any coax since 1997. Telstra will eventually replace HFC with FTTH, keep in mind that Telstra, unlike Optus doesn't use HFC for telephony). And some smaller regional deployments, like NCable and TransACT (who rolled out a VDSL network around Canberra using Fibre To The Curb, so every house is within 300m of a DSLAM. Why don't you US slobs think about that before saying 'only useful within 300m of an exchange').

      I still remember blowing out my 100mb bandwidth quota years ago on 56k. Didn't get reconnected until my parents got the point of me dialing STD to Melbourne to take advantage of the "free" ISP's that were around at the time.
    • Isn't it ridiculously expensive there compared to North America?

      Most ISPs in Australia are thieves. Some, I suppose, are morons who are allowing upstream thieves to rip them off.

      I pay $120 per month for a 1.5Mbit ADSL with unlimited downloads. That's ridiculously expensive, and it's the best deal available in Australia.

      Telstra/BigPond has something they call "unlimited", but after 10GB of downloads in a month they cut your speed to 64k. Or as an option, you can pay $150 for 1.5Mbit including the firs
  • by Marlor ( 643698 ) on Sunday August 08, 2004 @03:53AM (#9912261)
    I posted this information in the earlier (less specific) story about the FTA's impact on Australian software development, but we really need to take action to let the media and politicians know that this is a big issue.

    One of the best tactics is to send letters to newspapers. The FTA is a hot topic in the news right now, so there's a good chance that letters relating to it will be accepted. You can send letters to the editor at the following addresses:
    The Australian [news.com.au]
    Sydney Morning Herald [mailto]
    The Age [mailto]

    You can also let your feeling be known to the shadow minister for the Arts, Sport and Information Technology (Senator Kate Lundy). Her contact details are here [katelundy.com.au]. Be sure to mention that this issue will affect your vote.

    The Department of Communications, Information Technology and the Arts have so far brushed off [dcita.gov.au] any suggestion that Australia's software industry will be harmed by the FTA, and really do not seem to understand the issues. However, you can contact them here [mailto], and the Minister for Communications, Information Technology and the Arts here [mailto]. Once again, be sure to mention that this will affect your vote.

    You can also find out which electorate [aec.gov.au] you are in, if you don't already know, and send your local federal MP a message about how disappointed you are over the FTA's impact on the IT industry.
  • by inflex ( 123318 ) on Sunday August 08, 2004 @04:01AM (#9912274) Homepage Journal
    I'm a small software development company, a one person one in fact. While I don't have any concerns (yet) about the DMCA, I do worry about patent implications.

    Given the spate of trivial patents that are granted, it's somewhat inevitable that any piece of software more complex than perhaps "Hello world" is bount to infringe on something, somewhere.

    I'm seriously considering moving my operations base overseas. NewZealand would be nice but it's a tad too close, especially since I've heard that there's plans for greater unification between Au and NZ.

    I've contacted my state and local representitives about this matter, strangely all of them see to forsee it as something which "will" happen as apposed to something that the people of Australia even have the slightest choice in. Seems to me that "democratic" governments are far from being such anymore.

    PLD.
    • Here's a question then...

      Are there any countries with NO patent or copyright laws in place, and minimal trade with the US?

      If the American companies want to lock down their major trading partners (their competitors, IOW) maybe us geeks should bugger off to some third world country and get creative. We'd need to work on infrastructure, but a small goverment might be open to that if it heralds an IT revolution for their country. Living would (presumably) be cheap, and it makes me wonder what we'd be capable
      • by inflex ( 123318 ) on Sunday August 08, 2004 @04:16AM (#9912299) Homepage Journal
        Yes, I have thought about this. At one point SouthAfrica was looking quite interesting, however their Telkom monopoly on communications will render your chance of good connectivity asunder. South African /government/ is still also suffering a lot of anti-white sentiment from the Aparthaide era, so that threatens to polarize things.

        Brazil is another option - they seem to be interested in moving ahead independently.

        PLD.
      • Hmmm... perhaps an idyllic south pacific island would be a nice change.

        Plenty of small island nations out there with lots of potential. And we'd be worshipped as techno-GODS by lots of nubile young ladies.

        Tell you what, I'll gladly go over and do a bit of ,er, "research" on it and get right back to you :-)
      • "Are there any countries with NO patent or copyright laws in place, and minimal trade with the US?"

        This is not the right question. Copyright laws and (when used properly) patent laws are a Good Thing. However, the question here is not that they have no patent or copyright laws, but that the US has no jurisdiction over the laws they do have.

        Germany sounds good to me, TBH. Sure, they're in Europe and Europe *heart* America (seriously, I don't know why) but overall they seem to have this technology thing su
        • Sorry to rain on your parade, but here in Europe software patents threaten to become law here too. Although the European people were against them and the European Parliament (sp?) had them watered down in a way it would hardly effect the industry here, the European Commission (most probably bought by M$ and the likes) has decided to propose an even worse variation of the original proposal for law here. Most times if the EC proposes a law, it has become a hammer-piece.
          As a European (Dutch) i keep asking myse
    • We're keeping an eye on it mate.
  • by Talez ( 468021 ) on Sunday August 08, 2004 @04:07AM (#9912283)
    Australian copyright law has anti-circumvention provisions and has had since 2001 IIRC.

    Australian copyright law is already completely anal. We don't have a concept of fair-use like the US copyright system. We're not legally allowed to tape shows off the TV.
  • by cheekyboy ( 598084 ) on Sunday August 08, 2004 @04:14AM (#9912296) Homepage Journal
    Make a small ghost company under a diff name in Shanghai just to fake that it was developed there, and use that as an 'outsourced' source contract company.

    But the FTA is shortlived any way, the super uber great depression will happen after GWB gets re-elected, and then the US$ will freefall as everyone dumps it.

  • Who needs 'em? (Score:4, Interesting)

    by tryone ( 243924 ) on Sunday August 08, 2004 @04:35AM (#9912327)
    Just hypothetically, I wonder if the entire rest of the world could collectively survive a cessation of all trade with the USA? And could the USA survive it?

    Just in case too many countries ever get a bit tired of the US trying to make them their bitches.
    • by panurge ( 573432 ) on Sunday August 08, 2004 @05:15AM (#9912395)
      Yes, the rest of the world would survive. It survived WW2 and the Cold War, after all. In fact, as the US is a net importer of oil, the oil price would fall (collapse even). And the rest of the world would have a surplus of manufacturing capacity and food.

      Whether governments and economic systems would survive is another matter, as the stock markets would collapse, held up as they are by the belief that the US overseas debt will eventually be repaid. Some countries are likely to hold off anarchy better than others, and the core EU states might take over the US role eventually.

      As for the US, I guess the long term prospects might actually be beneficial. OK, there would need to be restrictions on oil use. The Bush family would lose influence without the Sa'udis to back them up, but other oil companies would gain power. The Government might have to put down a number of armed uprisings. The economy would go into depression until manufacturing could be restarted, but, let's face it, stuff is changed much too frequently and the skills are there to keep exisitng equipment going, just like the Cubans have to. People might even get healthier as a result of eating less. But there would be a huge one-off benefit from the writing off of US debt to the rest of the world. And the US would be militarily powerful enough to ensure no-one tried to collect on that debt.

      I guess the biggest problem would arise if the trade cessation was not associated with an end to military interventionism. If the military intervention stopped as well, the US would benefit financially from bringing the soldiers home. And the likes of Osama Bin Laden would no longer have a USP. OK, Osama, you got what you wanted. Now see how your countrymen, especially the rich ones who just lost their incomes, like it.

      Pity about Israel, Lebanon, Iraq and Syria, but eventually the fallout will decay, and at least no-one will be fighting over who owns the Jerusalem Crater.

    • I wonder if the entire rest of the world could collectively survive a cessation of all trade with the USA?
      See the 1930's depression for details - it came very close to a cessation of trade.
    • Just hypothetically, I wonder if the entire rest of the world could collectively survive a cessation of all trade with the USA? And could the USA survive it?

      In pure economic terms the US is a net importer on most goods.
      The problems are more of a military nature. The US would be placed in a similar position to Imperial Japan, there would also be the risk of a second US civil war.
    • The Smoot-Hawley Act of 1930 caused a collapse of international trade with the US. The result was a world-wide depression.
  • Hmm... Samba... (Score:5, Interesting)

    by Anonymous Coward on Sunday August 08, 2004 @04:54AM (#9912360)
    Aren't most of the Samba developers in Australia? If so, would this mean that MS could now go after the Samba developers for infringing on patents in SMB?

    Hmm...
  • Why do this (Score:4, Insightful)

    by bm_luethke ( 253362 ) <`luethkeb' `at' `comcast.net'> on Sunday August 08, 2004 @05:19AM (#9912405)
    This is something that has always irritated me. When people begin to discuss a "global market" inevitably these issues arise. If done correctly it can be a major benefit for everyone involved, if done badly it hurts all involved.

    For some reason I have yet to see it done correctly (well, I know the reason - short term monetary gains - in the long run this hurts everyone involved). In each instance that another countries laws are cited, or they are "merged (so to speak), they take the *most* restrictive parts of each and implement that.

    This isn't an "American vs Australian" issue (well, this particular battle is, but not the war). More than several of the laws passed in the US are done so because "some random country" does it. Even the DMCA was mostly an amalgam of the most restrictive parts of what other countries do. Once it was passed here other countries cite us. Eventually someone else will pass another DMCA amalgam (maybe the US, maybe not - others have done so just as regularly in the past) and we all "have" to follow along.

    It is like a feedback loop. Country A passes the same thing as country B - but just a bit stricter. country B adds those in - but just a bit more. Repeat cycle along with blame the other country. Never mind that neither one *has* to pass a shitty law because someone else did. As long as they can passably blame someone else and get thier money they do not care.

    I really wish a major country would stand up and say "screw you". I figure it will take a major economic or sociatal event to wake people up. As long as it doesn't impact them much few will care.
    • Nonsense we should all bow down and submit before the mighty USA - after all didn't they save the world from Saddams Al-queda weapons of mass destruction - even if they where fictional. Aren't they the single handed saviours of the human race?

      And if they can't compete in an open market of course we should let them legislate so that we aren;t allowed to compete with them. I mean its only fair isn't it.

      I started writing this as a joke but I realize that the various governments around the world think like th
    • Many countries often say screw you. Unfortunately they are the countries that have limited personal rights like Iran. I doubt Iran is going overboard to comply with US copyright and other laws. I wish there was a magical country that had good IP and person freedoms. But that doesn't exist now. Well actually Antarctica doesn't have bad either but it also has limited food and luxuries of most kinds. You stand a better chance of reversing the laws of thermodynamics than getting a good country. I do agree that
    • Re:Why do this (Score:3, Interesting)

      by GuyFawkes ( 729054 )
      quote

      I really wish a major country would stand up and say "screw you". I figure it will take a major economic or sociatal event to wake people up. As long as it doesn't impact them much few will care.

      unquote

      Look to China.

      • You know what the odd thing is? That major country is likely to be the USA.

        Ralph Nader made a bet with the congress. He said that if any congressmen actually read the WTO agreements and answered five simple questions about it he would give a charity of the congressmen's choice 10,000.00 dollars. They could vote any way they wanted they just had to read it first. Only one congressmen took him up on it and after reading the agreement he voted against it.

        The point is that nobody in the senate actually realiz
    • More than several of the laws passed in the US are done so because "some random country" does it.

      Whilst the countries may be random are the laws? Are we possibly seeing fight between national governments and transnational corporations for power. Where the governments arn't putting that much effort into fighting.
  • The FTA does not change any aspects of the Australian patent laws. Full stop. Software is already patentable under Australian law. Australia has had to respect US patents anyway for some time due to WIPO treaties. However, Australian patent law doesn't (seem to, anyway) allow for the same harassment that large companies can get away with in the US.

    Copyright is another kettle of fish. Australia conceded a lot of ground to US interests there. Read my last post from my posting history.

  • In Australia, you cannot patent artistic creations, mathematical models, plans, schemes or other purely mental processes. This rules out software and half of the other get rick quick patents that US companies apply for. The only protection available for these things is Copyright and computer programs falls within this area, as do other things like double-clicking the left mouse button to make something to happen.

    The story also overlooks the basic principle whereby you need to register or file for a paten
    • In Australia, you cannot patent artistic creations, mathematical models, plans, schemes or other purely mental processes. This rules out software and half of the other get rick quick patents that US companies apply for.

      Funny, the post above your claims exactly the reverse. Are you sure it isn"t a bit like in Europe? Here, those exclusions you mention are also in our patent law, and even computer programs themseves are explicitly excluded from patentabilty. And yet we have over 30,000 software patents

  • by femto ( 459605 ) on Sunday August 08, 2004 @06:52AM (#9912573) Homepage

    I ask myself what motivates the proponents of chapter 17 of the FTA. This is the chapter that seeks to extend the monopolies of patents and copyrights. By my understanding someone standing for free trade should be against increased regulation and monopoly and so against chapter 17. A paradox.

    The best explanation I have come up with is that proponents of chapter 17 are not for free trade but are for private ownership. They are typically against public property and against increased regulation of property, as they believe those weaken private ownership. In the case of patents and copyright they are for increased regulation as they believe it strengthens private ownership.

    Perhaps chapter 17 of the "Free Trade Agreement" is really a "Private Ownership Agreement"?

    Chapter 17 of the FTA allows abstract ideas to be claimed as private property. We shouldn't be talking about whether chapter 17 of the FTA is good for free trade but whether ideas are property to be privately owned.

    No idea is formed in isolation. Instead all ideas draw from those around and those who have gone before. It is impossible to have a non-social idea in that having ideas requires interaction with and inspiration by other people.

    Witness the emphasis the scientific research community places on publishing ideas and establishing networks of collaboration.

    Thomas Edison once said "Genius is one per cent inspiration, ninety-nine per cent perspiration." The existing patent and copyright system allows the 99% perspiration to be protected. Chapter 17 of the FTA extends the monopoly to include the 1% inspiration, thus hampering innovation.

  • by rollingcalf ( 605357 ) on Sunday August 08, 2004 @07:39AM (#9912651)
    That is what the US government says about the terrorists.

    But it would be more accurate to say that the US government hates other countries' freedoms. That's why they use military and economic muscle and deception to coerce other countries into passing legislation that removes freedoms from the citizens.
    • But it would be more accurate to say that the US government hates other countries' freedoms.

      This is probably a simplification. It's more the case that the US Government is prefectly prepared to trample on other people's freedoms (including US Citizens) where the interests of big business are involved.

      That's why they use military and economic muscle and deception to coerce other countries into passing legislation that removes freedoms from the citizens.

      That's actually one of the "nicer" ways the US Gov
  • It's the intellectual property owners versus intellectual property creators.

    They've been working on toughening the laws worldwide in little steps, and then using international treaties to "level the playing field" so they can winch it up again in another corner. I don't know how long this has been going on, really... the Berne Convention, reasonable as it seems, may have been the trigger that started the whole process.

    I hate to put it in these terms, but we're going to need to look to the union movement to solve this. It's the owning class, this time the owneres and managers of big companies with patent and copyright portfolios, versus the people who are actually creating the wealth they're accumulating.
    • Dunno about unions, but the owner-vs-creator thing is right on the money. This is why, IMO, copyright (and likewise patents - any IP "right") should not be transferable from the creator. Let them license it any way they see fit (excepting perhaps a perpetual exclusive license, which is just ownership rephrased) but leave the ownership with the creator.
      • This is why, IMO, copyright (and likewise patents - any IP "right") should not be transferable from the creator.

        Apart from running into the problem of works created by teams of people, this is unnecessary and insufficient. It complicates the situation and passes more money through into the pockets of lawyers for no good purpose, but it doesn't address the problem of patent portfolios being used to suppress new works: the nature of the portfolio would change, but the bloke taking out a patent on something
  • by 3seas ( 184403 ) on Sunday August 08, 2004 @09:41AM (#9913003) Homepage Journal
    ... to solve the software patent problems will require giving the patent greedy what they want to the point of it being obviously stagnating and of no use to them. While not allowing them any way out but to dump the whole thing.

    For that is what they can understand. It is apparenytly beyond them to understand any scientific proof to the contrary of what they want.

  • Perhaps this is just the beginning, and enough countries will wake up and toss the WTO off the face of the earth.
  • evil corporations (Score:2, Interesting)

    by drg55 ( 409730 )
    There is a deeper evil in US corporate behaviour that needs to be stopped. A small shoe company in Australia making generic sheep skin boots was taken over and first thing the US owners did is try to stop all others from making this style of boot, and only buy their expensive variety.

    See article for the "microsoft of shoes"
    http://bluemountains.yourguide.com.au/det a il.asp?c lass=news&subclass=local&category=general%20news&s tory_id=282021&y=2004&m=1

    Using bogus patents for Monopoly.

    T
  • What country can one escape to for freedom?
  • by theolein ( 316044 ) on Sunday August 08, 2004 @01:40PM (#9914123) Journal
    I think that John Howard's government has been one of the worst things that has ever happened to Australian sovreignty. Even senior former diplomats and military personel have signed a petition accusing him of selling out Australia's independence to the USA, something which he consistently denies, but which is plenty obvious to a lot of people both in and outside of Australia.

    First his undying support for the USA in Iraq against all advice, then his signing of the FTA, which will probably not improve Australia's economic position as much as it improves the USA's economic position, and which is one step of the way to making Australia economically dependent on the USA.

    I hope the little bastard gets his arse kicked in the coming elections, whereupon he can go visit his former cronies Bush and Blair and reminisce about their glorious pasts as nation builders and great leaders in an old age home for the mentally unstable.
  • Nonsense... (Score:2, Informative)

    by zungu ( 588387 )
    First thing, the free trade agreement does not mean that US patents acquire legal force in Australia. All over the world you have to get a separate patent in each country to get patent rights in that particular country. Only way Australian software product can infringe on an American patent is when they export that software to America. Otherwise, American patents will have zero value in Australian courts, unless an Australian counterpart patent is also obtained earlier. Slashdot publishes bizarre patent

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