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Torvalds And Cox Write EU Parliament On Patents 293

replicant_deckard writes "Linus Torvalds and Alan Cox have sent an open letter to the members of the European Parliament. They ask for strict limitations to software patents, argue for open standards and ask the members of the parliament to follow FFII's voting recommendations. Vote on the controversial software patents directive will be on Wednesday and it is expected to be a very close one. Well, do you believe these guys have any impact in Brussels?"
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Torvalds And Cox Write EU Parliament On Patents

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  • by Anonymous Coward on Sunday September 21, 2003 @08:35PM (#7021247)
    Daer UE,

    Patanst r teh suckzorz!!!! Say ON TO TEHM!!!

    Loev,
    Anonimouse cowerd
    • by AKnightCowboy ( 608632 ) on Sunday September 21, 2003 @10:12PM (#7021759)
      Daer UE, Patanst r teh suckzorz!!!! Say ON TO TEHM!!! Loev, Anonimouse cowerd

      Can someone translate this? I take it this is in French since it is directed at Brussels. Babelfish is unable to translate though so perhaps it's German?

      • by BRTB ( 30272 ) <slashdot@nOsPam.brtb.org> on Sunday September 21, 2003 @11:36PM (#7022091) Homepage
        I'm not entirely sure... the transposition and random addition of certain characters is somewhat unique, as is the failure to fully convert certain words into the common dialect, but I believe this is the message:


        Dear Representatives of the European Union:

        Software patents are, in the technological community, considered a dangerous and misdirected restriction of the rights of all free-thinking parties involved. I respectfully request that you decline any legislative measure giving force to ideas of legal protection for implementations of common software designs.

        Sincerely,
        Anonymous
      • It appears to be a mix of leet speak, m00se credits [force9.co.uk] and Knights Who Say "Ni" [serve.com], the latter two being from "Monty Python and the Holy Grail".
  • by potpie ( 706881 ) on Sunday September 21, 2003 @08:35PM (#7021249) Journal
    I understand that one can patent a process for doing something, but one can also patent an end-product. A program is an end-product of the source code used to compile it, so wouldn't software patents, in effect, cause the much feared "functionality similarity" disputes to become more substantive in the legal system?
    • by donnz ( 135658 ) on Sunday September 21, 2003 @09:59PM (#7021688) Homepage Journal
      Find a software patent and read it.

      They are scary in that they often take a well understoof process and one that has often been computerised in the past. Then they write a bad "functional specification" and whack the words "internet" or online in there. Suddenly half your clients are receiving threatening letters from Canada for going about their daily business and the IP lawyers are making hay. It is all very fucking annoying and a huge increase in the cost of doing business. I's rather have the small loss of an occassopnal "functional similarity" dust up than this.
    • in short (Score:4, Insightful)

      by gfody ( 514448 ) * on Sunday September 21, 2003 @11:48PM (#7022142)
      Software patents are bad for Linux.
      -Linus
      • Re:in short (Score:3, Insightful)

        by javilon ( 99157 )
        It is more like:

        Software patents are bad for everyone.
        -Linux

      • Re:in short (Score:3, Informative)

        by Alsee ( 515537 )
        The fact that software patents are bad for Linus does not change the fact that software patents are bad for almost everyone. It is almost exclusively a couple of megacorps pushing for them. They aren't doing so becuase it will benefit the public, they are doing so to crush smaller companies and independant programmers. They are doing it to eliminate competition.

        Software patents is no different than recipe for baking a chocolate cake or a player piano roll for a some song. All three are nothing more than a
    • A program is an end-product of the source code used to compile it

      You are looking at a meaningless distinction that only exists in some programming language. There is no real difference between "source code" and "executable code". Any source code can be directly run by an appropriate interperter (meaning without compiling it at all), and any "executable program" can be directly read and written by a knowledgeable programmer.

      When I started programming I first did so in non-compiled languages. The "source c
  • by Anonymous Coward
    As much as I hope it does and do hope for it, they've got more money in strict software patents then open ones. And although they _MAY_ read it, they won't recognize the names, government don't know the names geeks do. I hope it does work out our way but with government they do end up do stupid things alot of the time ;)
  • Credentials (Score:5, Interesting)

    by Foxxz ( 106642 ) on Sunday September 21, 2003 @08:36PM (#7021258) Homepage
    Before you start the main purpose and body of the letter you might explain why you are a crediable person to listen to. If they aren't particularly technically inclined then they may have no idea who you are. Tell them who are are, why you are important, and why they should listen to you. Without that, you usually loose your influence.

    -Foxxz
    • Agreed (Score:5, Insightful)

      by Sanity ( 1431 ) * on Sunday September 21, 2003 @10:21PM (#7021812) Homepage Journal
      This is the most significant problem with this email, they assume that the average MEP will know who Linus is or why he is important.

      The second most significant problem is that they give them a hyperlink to indicate what they can do to address these issues. They need to SPELL OUT what an MEP can do to help the anti-swpat cause. This means saying "this URL contains a list of amendments which are essential if this proposal is to protect competition and innovation in the European software industry".

      Every additional second it takes for an MEP to figure out a) Why they should agree with you? or b) Given that they agree with you, what do they do? costs us votes.

  • by mOoZik ( 698544 )
    As much as I favor his position, somehow I think it will not be paid attention to and the laws will proceed on their path. I hope I'm wrong, though.
  • Well (Score:5, Funny)

    by Anonymous Coward on Sunday September 21, 2003 @08:37PM (#7021262)
    Well, do you believe these guys have any impact in Brussels?

    I don't know - how big a check are they including with their letter?
    • Re:Well (Score:2, Insightful)

      by Aliencow ( 653119 )
      I'd mod this more "insightful" than funny...sad.
    • Re:Well (Score:5, Insightful)

      by Sanity ( 1431 ) * on Sunday September 21, 2003 @09:14PM (#7021454) Homepage Journal
      I don't know - how big a check are they including with their letter?
      +5 Funny aside, that kind of cynicism really hurts us (not the fact that you expressed it, but the fact that some people use that attitude as an excuse to do nothing). We can and have made a difference in this debate because people but their cynicism aside and really tried to engage in the political process.

      I have helped to persuade my MEP to not-only agree with me, but to actively support the anti-swpat movement - and this is someone that previously didn't deal with tech issues at all (MEP Avril Doyle if anyone cares).

      As in most things - the only way to guarantee that you lose a political debate is not to participate in the first place.

    • If that's what it takes to stop this, sign me up. I kinda figured that sooner or later the free thing wouldn't cut it. If we need dollars/euros to compete (read not get legislated out of existance) then so be it. If FSF sets up a fund for this purpose, I'll donate for sure.
  • by Coryoth ( 254751 ) on Sunday September 21, 2003 @08:38PM (#7021270) Homepage Journal
    Given that Linux is generally stronger in Europe than the US (where MS pretty much rules all), comments from the likes of Torvalds and Cox will carry more weight than they would in the US.

    Then again, hefty campaign donations from rich software firms probably carry a fair amount of weight too...

    It should be interesting to see what happens.

    Jedidiah
  • by Anonymous Coward on Sunday September 21, 2003 @08:42PM (#7021299)
    "Subject: Open Letter on Software Patents from Linux developers
    Date: Sun, 21 Sep 2003 13:31:12 -0700 (PDT)
    From: Linus Torvalds

    Open Letter to
    the Honourable Pat Cox, the President of the European Parliament,
    members of the European Parliament:

    Dear Mr. Cox,

    We have been following with growing concern that Europe has been
    extending patentability to computer programs. Now European Parliament
    is about to vote on a directive that could put a stop to this
    development, or make it worse, depending on how it is amended by the
    Parliament.

    US experience shows that, unlike traditional patents, software patents
    do not encourage innovation and R&D, quite the contrary. In particular
    they hurt small and medium-sized enterprises and generally newcomers
    in the market. They will just weaken the market and increase spending
    on patents and litigation, at the expense of technological innovation
    and research.

    Especially dangerous are attempts to abuse the patent system by
    preventing interoperability as a means of avoiding competition with
    technological ability. Standards should never be patentable! Likewise,
    patents should never be used as means for preventing publication of
    information - the whole idea of patents is to provide time-limited
    monopoly in exchange for publication of the invention.

    Software patents are also the utmost threat to the development of
    Linux and other free software products, as we are forced to see every
    day while we work with the Linux development. We want to be able to
    provide the world with free high class, high quality, highly
    innovative software products that really empower the users and offer
    the best and only real chance to narrow the digital divide. Please do
    not make this harder to us that it already is! In conclusion, we would
    recommend You to vote for such amendments that

    * clarify limits of patentability so that computer programs,
    algorithms and business methods really cannot be patented as such;
    * make sure that patents cannot be abused to avoid technical
    competition by preventing interoperability of competing products; and
    * ensure that patents cannot be used to prevent publication of
    information.

    To that end we would suggest following FFII's voting recommendations
    on this directive (see www.ffii.org).

    Sincerely,

    Linus Torvalds Alan Cox"
  • by angel'o'sphere ( 80593 ) <angelo.schneider ... e ['oom' in gap]> on Sunday September 21, 2003 @08:43PM (#7021305) Journal
    The whole issue is running so bad (or meanwhile so good) because none of the members of the parliament was aware of the troubel.

    The new directive where brought up and prepared "silently", only noticed by the OS community. For the members of the parliament it was just a standard, "lets see that directive, and if nothing comes up we pass it" business.

    Now with all those demonstrations and arguments and prominent people sending letters and making visits, its unlike the directive passes.

    And if it does ... so what? It is canceled in less then 5 years because of the trouble we will get here in europe with EXISTING foreign software patents.

    angel'o'sphere
    • by Sanity ( 1431 ) * on Sunday September 21, 2003 @08:53PM (#7021356) Homepage Journal
      its unlike the directive passes.
      Um, wrong. Those who understand this process generally feel that it will pass - MEPs consider it a complete waste of resources to vote down a bill that has taken months to prepare, and greatly prefer that the bill be modified rather than disposed of completely.

      So in this case, the only question is whether it can be amended to address our concerns - it will almost certainly pass one way or the other.

      And if it does ... so what? It is canceled in less then 5 years because of the trouble we will get here in europe with EXISTING foreign software patents.
      Dream on! Your brand of apathy is exactly what we don't need right now. If the large software vendors can change the law to what suits them, then they can certainly stop us from changing it back in 5 years. This is our best, and possibly our last real chance to stop the damage being done to immigration by the unholy alliance of intellectual property lawyers, keen to milk the industry for legal fees, and the monopolists of the software industry, keen to let IP lawyers milk their smaller competitors dry.
      • by Sanity ( 1431 ) *
        doh
        s/immigration/innovation
      • The question is not what the outcome will be, there are other issues concerned as well. IP protection regulation is sweet porridge, the extension doesn't stop. So we have to show our muscles. Note: Even if it would be passed: 5 years later and more restrictive. And of course there are other side effects [slashdot.org].
      • If the large software vendors can change the law to what suits them

        This is only your perception.
        What is a large software vendor in your eyes? IBM? HP? MS? Sun? Oracle?

        All those allready have software patents in europe, however they can not really enforce them, as they are against the law in most european countries.

        What happends if the directive would pass unchanged is: they all get valid over neight.

        OTOH, european companies hold software patents to a far lower degree. If they start patenting after th
  • "Well, do you believe these guys have any impact in Brussels?"

    None whatsoever.

    As much as the US goverment is criticized on cyber issues these days, the EU has been even more hardcore on these types of issues (such as patents). One gets the impression that the collective leadership has made their minds up on the issue.
    • You are dead wrong (Score:4, Interesting)

      by Sanity ( 1431 ) * on Sunday September 21, 2003 @09:01PM (#7021393) Homepage Journal
      None whatsoever.
      As someone that has personally persuaded their MEP (who previously had nothing to do with tech issues) to actively support the anti-swpat cause, I can say that, fortunately, you are dead wrong - and the apathy that your pessimism breeds is exactly what we don't need right now.

      We can and have made a difference - but we haven't won the battle yet. If you live in the EU and care about these issues take the time to contact your MEP and see where they stand on this issue - but remember:

      • Emails are less than worthless, remember: meet > phone > write > email
      • Be polite, and STATE YOUR ARGUMENT CLEARLY. These people are generally well-meaning, but can often get confused if bombarded. Most MEPs are keen to protect competition so start with "Software patents will hurt competition" and work from there.
      • Don't make it about Free Software, the software industry as a whole is in danger - not just free software.
      • Emails are less than worthless, remember: meet > phone > write > email

        My take:

        meet > phone > write > shout at TV > use toilet paper with politician's image > thinking of polititian unfavorably while cleaning fingernails > email

        With everything but email, at least you accomplish something. (Shouting at TV releivs stress.)
      • by chtephan ( 460303 )
        Don't forget, there is a public demonstration [ffii.org] going on in Strasburg tomorrow in front of the EU Parliament.
  • Graffiti? (Score:5, Funny)

    by D-Cypell ( 446534 ) on Sunday September 21, 2003 @08:52PM (#7021345)
    Torvalds And Cox Write EU Parliament On Patents

    Now im all for this non-violent, direct action stuff, but if Linus and Alan are going to around defacing patents, im not sure i understand the relevance of 'EU Parliament'.

    Perhaps it would be better to stick with the classics, "Linux and Alan woz ere" or "Linux rules OK?" for example.

  • Bet (Score:2, Interesting)

    by jeffkjo1 ( 663413 )
    Ten bucks says they postpone the voting a 9th time.
  • by B747SP ( 179471 ) <slashdot@selfabusedelephant.com> on Sunday September 21, 2003 @09:00PM (#7021386)
    Given the widely acknowledged bit where politicians everywhere will pretty much completely ignore anything you send to them in any form other than Dead Tree Format, I can't help but wonder, what use are 'open letters'.

    Open letters are read by everyone else, sure... people on the street might take a look, journalists might use them as an easy out when they're looking for something to write this weeks column about, but does anyone have any evidence to suggest that politicians even know these letters exist?

    • Err, an "open letter" is one that you send to the recipient and the press. They didn't just put this on a website and hope that someone from the European Parliament would notice.

    • The funny thing is that it really works. At least here. We had an election on sunday over here in Bavaria/Germany and I was really interested in the position of the current government (wich I elected last time) so I wrote an E-mail to their homepage and although it was in the middle of their campaign I got an answer from them after 3days. I found this really surprising. Someone took the time to READ my letter, investigate on the subject (they didn't really know about swpats before, I suppose) and REPLY pers
  • by kcbrown ( 7426 ) <slashdot@sysexperts.com> on Sunday September 21, 2003 @09:04PM (#7021409)
    ...but it almost certainly won't. Even so, the effort should be made (any chance of winning is better than no chance).

    I think it should be pretty clear by now (given the passage of the EU version of the DMCA, among other things) that the EU parliament and other European governments are very much in the pockets of corporations just like the U.S. government is. It's more a matter of degree than anything else.

    That's why I don't think we who value our basic liberties have much time left. Others might ask why I haven't moved (I live in the U.S.), without realizing that there really isn't any place on the globe worth moving to. As far as I know, there isn't a single government on the planet that cherishes liberty and works towards maximizing that for its people. And even if there were, chances are most people wouldn't be able to go there anyway because of strict immigration laws.

    • by Coryoth ( 254751 ) on Sunday September 21, 2003 @09:44PM (#7021613) Homepage Journal
      That's why I don't think we who value our basic liberties have much time left. Others might ask why I haven't moved (I live in the U.S.), without realizing that there really isn't any place on the globe worth moving to.


      While not perfect, New Zealand is at least making some steps in the right direction. The Government is currently (albeit very slowly) looking at restricting the power of software patents. This came after a Canadian company sued a whole bunch of NZ online retailers for patent violations. Apparently they had a patent on automatically calculating shipping and currency conversion. The NZ companies balked and said shipping currency conversion was kind of obvious, especially when most buyers from a NZ online website will be from overseas. They have banded together to fight the legal action, and given that this amounted to a large chunk of NZs online retail operators, they successfully lobbied the government to look into this sort of thing.


      As I say, it isn't perfect. The government hasn't DONE anything. But they are at least looking at it - that is, things are at least heading in the right direction for once. New Zealand has also successfully dodged a DMCA look alike so far after heavy public submissions when the government was looking at digital copyright.


      Jedidiah

    • "I think it should be pretty clear by now (given the passage of the EU version of the DMCA, among other things) that the EU parliament and other European governments are very much in the pockets of corporations just like the U.S. government is."

      Nope. The EU governments are trying to remain inline with the US without wanting to appear that they directly copying rules. The UK even defeated a motion to create a 'Homeland defense' thingamjig quite narrowly in 2002. Something about the fact that we'd been h
  • Typos? (Score:2, Interesting)

    by Shky ( 703024 )
    "Please do not make this harder to us that it already is!"

    Shouldn't it be "for us" and "than"? Isn't it possible that these members of parliment might think less of this letter based on grammar?

    Of course, that sentence could be correct. If so, I'm an idiot. My bad.
  • by TerryAtWork ( 598364 ) <research@aceretail.com> on Sunday September 21, 2003 @09:14PM (#7021456)
    This is part of a long term strategy by the rich and the super-rich to grab back the computer/Internet thing they let get away from them.

    They do NOT want people to be in charge of their own systems. They want it to be like TV where you sit and consume.

    They will patent and license to themselves and each other all the relevant algorithms with the long term goal of making open-source software illegal.

    Did you XOR is patented and IBM pays to use it?

    Free software will have to go underground. We could see people like Theo in jail.

    This is going to get a lot worst before it gets better.

    • You understand. Most don't. We are halfway into the battle. We need IBM, Redhat, SuSe, and others to keep it from going underground. But, if it has to, it will, and it will survive. Free software == Freedom
    • by cdn-programmer ( 468978 ) <terrNO@SPAMterralogic.net> on Sunday September 21, 2003 @10:32PM (#7021855)
      Theo will have to speak for himself to this point, nevertheless I have talked with Theo about patenting software and Theo said that there has never been a case of a US firm suing a Canadian individual over patent violations because the way the system works is that in order to do so, the company must pay both sides legal bills. [Theo is very much against software patents as is everyone else that I know with a couple exceptions (and they IMHO are very naive)].

      I personally think this argument does not hold water and I hope it is not Theo who becomes a target.

      At the time I brought up the idea of we developers in the open source community starting to build a sheaf of our own patents by each of us joining an association and paying say $100 bux per year in order to fund the registration of our patents as well as to litigate infringment.

      At the same time, membership in the organisation should give each and every person access to any patents and software held by the organisation while at the same time excuding any companies that want to double dip.

      This would mean that if IBM for instance decided to join, then all IBM software patents would become available on a cross licensing basis. Meanwhile if Microsoft choses not to join, then they would be prohibited from using anything "we" might control by way of our patents and agreements.

      I feel in very short order the opensource community would hold all the relevant patents.

      Of course, there are developers who wish to do proprietary work - these are the startups and small to mid sized companies that Torvalds and Cox warn will be harmed the most by software patents. I suppose that membership in our group could be extended to them. I see no real reason why one could not have 2 classes of software within the patent group: open and closed. So maybe we can solve the problem in this fashion. Remember that the purpose of such an organisation is to create a free patent zone that includes all of Planet earth. ...companies such as IBM, TI, and M$ basically get this for themselves via their cross licensing agreements.

      I will point out that I do see a danger here as well. At some point the organisation could control so many patents that they can force every person on earth who owns a computer to join, in which case it is a licence to essentually tax and who knows - maybe it will grow into a world government eh? haha.

      [back to reality] Anyone who thinks this is a good idea is welcome to email me. But remember that if this is going to fly people are going to have to put their money where their opinions are because we will have to hire competant legal staff in perhaps several juridictions.

      • Your idea of a OSS-community-held patent portfolio has been advanced before, but it is never going to work either.

        The OSS "community", such as it is, is composed mainly of a great horde of geeks who like to get neat stuff for free, and relatively few actual contributing developers.

        It is as much as "we" can do just to keep churning out code for bugfixes and upgrades. They simply don't, as a general rule, command the resources to get patents written up, registered, and defended in the courts - all expensive
  • by heyitsme ( 472683 ) on Sunday September 21, 2003 @09:19PM (#7021478) Homepage
    Linus has always maintained his reputation as a simple hacker-- someone not concerned with politics but rather technology.

    This is the second such letter [slashdot.org] bearing a Torvalds .sig

    Is this the start of a new (albeit, not necessarily bad) trend of more coders voicing their opinions on IP law and its current state of affairs?
  • by Anonymous Coward on Sunday September 21, 2003 @09:26PM (#7021529)
    Dear Alan and his friend Linus,

    I've used your operating system once. It is slow, it crashed once with my Mozilla browser taking a minute to open, and none of my digital camera drivers worked with it.

    Till then I suggest you improve your softwares. And Alan, tell Mom I said hi.

    Love,
    Pat Cox
    EU President

  • Maybe not THAT open (Score:5, Interesting)

    by buckhead_buddy ( 186384 ) on Sunday September 21, 2003 @09:29PM (#7021537)
    First, I want to say that it is fantastic that both Linus and Alan saw the importance of getting involved in this issue. It is very politically important after the disaster with "software" patents we've had in the United States.

    And I normally don't publicly criticize anyone about the mechanics of their message because I spent my time playing Dungeons & Dragons in high school rather than paying attention to grammar and spelling, but I really wish that they had run this by a 12th level grammarian with +2 red pencil before widespread open publication. I think that the letter itself will have a large impact, but I wish it were just a bit more refined.

    Addressing the letter to "the Honourable Pat Cox" but opening with a salutation of Mr. instead of President.
    Leaving out definite articles. Using a mixture of technological, legal, and political terminology but not spelling out or giving background on the different terminologies. Not saying it's wrong or unclear, but just that it might have benefitted from a bit more clarity.

    I am really proud of the Linux leaders for doing something so important and inspiring. If not to the leaders of the European parliament then to me at least. I just wish I had no reservations about the form it takes.
    • I find this letter a bit odd. Both Alan and Linus are far better writers of English than this, and Linus in particular is *very* good at laying down his shots in simple language.

      I wonder if this is a very good troll, to be honest.

  • by Anonymous Coward
    Well, do you believe these guys have any impact in Brussels?

    Maybe if you drop them from 20,000 meters.
  • They state

    US experience shows that, unlike traditional patents, software patents do not encourage innovation and R&D, quite the contrary. In particular they hurt small and medium-sized enterprises and generally newcomers in the market.

    What hard evidence is there to support this claim? STAC won a very large settlement against Microsoft due to their compression patents. They certainly qualified as a small enterprise. I agree there are a lot of bad software patents out there (they fail the obviousne

    • The problem with patenting software is because there is so little tangible form that the patent takes.

      With software patents, the court doesn't seem clear at all about what constitutes the "form" of the item being patented. It's not restricted to an instruction by instruction implementation. It's not limited to the particular computer language it's submitted in. It's down to the point of being so vague that now even just an abstract idea of something is enough to patent the item. It's to the point that one
    • There are economic studies that show a reduction in R&D sepnding. Unfortunately Lawmakers listen to Lawyers, not to economists. Ever read F.A. von Hayek' remarks about the patent system?

      Patents, in particular, are specially interesting from our point of view because they provide so clear an illustration of how it is necessary in all such instances not to apply a ready-made formula but to go back to the rationale of the market system and to decide for each class what the precise rights are to be which

  • The government represantitives in the wealthy U.S./E.U. countries have all bought into the theory that all the manufacturing jobs are moving to third world countries, to be replaced by these new software/media/"IP" businesses. So, they are all behind these patents, DMCA-like legislation, and other restrictive laws.

    But, it seems like most of them just don't "get it" yet. Of course, this is with a lot of help from big companies who stand to benefit from this stuff.

  • This law will pass (Score:3, Interesting)

    by jonwil ( 467024 ) on Sunday September 21, 2003 @10:01PM (#7021694)
    I dont know much about the European system but I expect that anything that has taken this long to draw up will pass in some form.

    I think that the right thing to do is to demonstrate that the new rules hurt the EU because the only benifit big multinationals that can shift workers to whichever far corner of the globe is cheapest and they hurt small EU software companies.

    I think also that we need to convince the EU to have tight rules on what can be patented. Personally, my big wish is to prevent patents of things like file formats (e.g. LZW patent, MPEG patent) and communications protocols and APIs.
    Also patents like the patent that prevents e.g. the GIMP from supporting print output options (CMYK or whatever it is)
  • by axxackall ( 579006 ) on Sunday September 21, 2003 @10:01PM (#7021699) Homepage Journal
    I don't think that Linus or Alan has any IP law skills enough to help. Well, it's good that they have sent the letter anyway. But the real guy who must help is RMS. We heard so many IP law related arguments from him, so many battles he was in the middle. Why isn't he there now? Or is he?
    • Please, don't send RMS. By the time he's done explaining why you shouldn't talk about "Intellectual Property" and why you should say "GNU/Linux", the law will already be voted.
    • RMS has a serious drawback. He is not European.:-)

      Sebastian
      • Not yet! He could promise that if they will vote against software patents then he would move to Europe. Such example would demonstrate the trend of moving famous tech people to Europe from US because of political reasons and that would give the signal for investors. Boom! Europian economy is up, American economy is further down. All they need is just to vote against software patents! :)
  • Why a URL (Score:2, Insightful)

    by memmel2 ( 660484 )
    I noticed the letter contained the bulk of it arguments in a URL I think this will prevent most lawmakers from reading it since they generally don't use computers and have there email printed out.
  • by user555 ( 145309 ) on Sunday September 21, 2003 @10:41PM (#7021894)
    I agree that software patents are a bad idea and I would like to do something to stop Europe from having software patents.

    However, I'm not a citzen of the EU.

    I don't expect politicians to care about the opinions of those who can't vote in their country.

    But perhaps someone with more knowledge of the situation can suggest a way for me and other Americans to help.
  • Poor grammar? (Score:5, Interesting)

    by cca93014 ( 466820 ) on Sunday September 21, 2003 @10:59PM (#7021965) Homepage
    Is it just me, or does anyone else find the grammar, scanning and structure of this letter as very, very poor indeed?

    Not only is there no explanation as to who the signatories are but also a number of the sentences scan very badly indeed.

    I realise that LT is not a native English speaker, but really, it doesn't come across as very well thought through IMHO...
  • by Animats ( 122034 ) on Sunday September 21, 2003 @11:28PM (#7022061) Homepage
    There are three real issues with software patents that could be fixed.

    First, the interaction between patent law and antitrust law needs to be adjusted. If you have a dominant market position, you should't be able to use a patent to prevent interoperability with your de-facto standards. This is an antitrust issue because it's only a big problem when someone has market dominance. Interoperability with Microsoft Word is important. Interoperability with AbiWord is not.

    This is not totally out of reach politically. Current antitrust law in the US and the EU arguably support this position, but enforcement is hard. A bright-line standard would help here.

    Second, it needs to be clearly established that Government-mandated standards (ANSI, ISO, DIN, EU) preempt patents unless patent holders object prior to the issuance of the standard. The government standards organizations should be directed to adopt policies preventing the use of patented technology in standards unless the patent holder waives their rights under patent for all users of the standard.

    Finally, "business method" patents seem to have been a mistake. However, the first one (4,346,442, the Merrill Lynch Cash Management Account, attaching a credit card to a brokerage account) has already expired.

    These things do time out, and soon enough that it matters. The GIF patent has expired. The RSA patent has expired. The SyncSort patent has expired. All those technologies are still in use.

  • by kaip ( 92449 ) on Monday September 22, 2003 @01:27AM (#7022454) Homepage

    FYI, there is now also a press release [effi.org] on the open letter in the EFFI web pages (I just put it there).

  • by davetd02 ( 212006 ) on Monday September 22, 2003 @01:42AM (#7022498)
    The not-for-profit organization IP Justice has a great summary of the isssue up at www.ipjustice.org and a collection of useful links here [ipjustice.org].

    Take a look. They also oppose the Directive on software patents.
  • ... I would probably just send this:

    "I am against software patents, but much more as well. I have far too much to say to list it here. But my entire feeling about the EU (and the US, and the WTO, and the IMF as well) can be summed up by the book of Habakkuk in the Bible. It's only three chapters long, and well worth reading before your next vote."

    I'm not going to throw it in here, but I'm going to throw it in an A/C reply to myself. So if you want to read it, look in the replies below.

C'est magnifique, mais ce n'est pas l'Informatique. -- Bosquet [on seeing the IBM 4341]

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