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NewsForge On U.S. Advice To EU On Software Patents 221

An anonymous reader points to Roblimo's "interesting article about how the U.S. sold out to software patents and the EU should as well." Should be of interest to Europeans, forced as they are "to suffer from willy-nilly software development by individuals who have not been screened, approved, and trained by corporate human resources professionals."
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NewsForge On U.S. Advice To EU On Software Patents

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  • Jury's Out. (Score:5, Insightful)

    by Altima(BoB) ( 602987 ) on Wednesday June 09, 2004 @05:16PM (#9382249)
    I can see this going either way.

    On the one hand, like the article mentions, Europe has a lot more socialists who aren't fans of Big Business. And they were the people who were actually able to succeed in nailing Microsoft with that big antitrust fine. (Sure that's not patent per-se, but given that every second slashdot and fark headline these days is a new rediculous MS patent, it fits.)

    On the other hand, speaking from Ireland, multinations with lots of patents like Microsoft and Intel have become rather cozy here, but the tax breaks that used to be unique to foreign companies settling are disappearing from here and being imitated elsewhere. I know the local government in Ireland would be open to US style patent laws if it will keep foreign investment and jobs coming in.
    • Re:Jury's Out. (Score:5, Interesting)

      by Tranzig ( 786710 ) <voidstar@freemail.hu> on Wednesday June 09, 2004 @05:27PM (#9382334)
      Don't forget that already over 30000 (unofficial and not enforcable) software patents granted in the EU. Just imagine those poor corporations. They spent a lot of money on researching and filing out-of-law patents, all for nothing! Any sensible politician would say yes for the software patents I guess.
      • Re:Jury's Out. (Score:2, Insightful)

        by Tjebbe ( 36955 )
        You know, this has actually been an argument from some of the pro-patent lobbyists here.

        "There are already patents being granted so we'd better make it legal"

        It is just wrong in so many ways I couldn't even believe it.
      • Re:Jury's Out. (Score:2, Informative)

        by ista ( 71787 )
        Those "poor corperations" are usually corporations like IBM (e.g. progress bar) or Sun (shopping cart in web shops).

        The majority of those patents have been filed by non-EU-companies, and even most of their claims are just based on the line "we managed to patent this in the US, so acknowledge this patent for the EU as well".
        As the european patent office gets money for issuing patents and not for giving out legal advisories, they issued those patents.

        If those patents were actually set in place, most EU comp
    • Re:Jury's Out. (Score:4, Insightful)

      by jd ( 1658 ) <imipakNO@SPAMyahoo.com> on Wednesday June 09, 2004 @06:04PM (#9382564) Homepage Journal
      Eventually, as with any addiction, it will be impossible to break free. The strain of the withdrawl symptoms would kill the patient. Carrying on (and dying from the addiction) becomes the preferred option.


      No country can survive indefinite foreign investment. Some is good, but things have gone far beyond "some", for Ireland, England and many other nations.


      It's a standing joke that the only road car actually made in the UK is Japanese. For a country that once prided itself on the works of Jaguar, Rolls Royce, British Leyland, Rover and Granada, that's been no small collapse. British shipyards lie derelict, with all the jobs overseas. Britain is a rusting hulk, with little left that's native and functional.


      To get back to the patent topic, the situation can only get worse in the EU, if software, algorithms and business models can be patented. It's far too easy to get such patents in the US. Dangerously easy. As the blizard of US software patents worsens, EU companies will find themselves legally barred from competing on any front.


      The EU may see this as easy money, but the reality is that it might as well collectively agree to gas the whole of Europe. It'll be quicker, less painful, and less stressful on the unemployment figures.

      • The EU may see this as easy money, but the reality is that it might as well collectively agree to gas the whole of Europe. It'll be quicker, less painful, and less stressful on the unemployment figures.

        So Hitler wasn't a madman after all!
    • Re:Jury's Out. (Score:3, Informative)

      Europe has a lot more socialists who aren't fans of Big Business

      Socialists, bah! There are plenty of MEP hopefuls who are against US-style software patents; you should be able to find one who espouses your other political convictions as well. If you're Dutch, check here [www.bof.nl] for a ranking. All Dutch MEPs, except the ones from one party, voted against overly broad software patents, so take your pick. The one party that voted for software patents is the VVD party to which Bolkestein belongs. If you remember


      • The strongest party in the UK against Software Patents is (as usual) the Green Party.

        A quote from the party:
        The GP strongly opposes software patenting. Copyright works well enough to protect IPR (Intellectual Property Rights). The flag of IPR must not be used to give more power to rich corporations while preventing the general use of useful cheap software.

        Google for more info, but a couple of links are here:
        http://www.greenparty.org.uk/index.php?nav=articl e s &n=68>First Link
        Second Link [linux.org.uk]
    • You don't have to be a Socialist to not be a fan of Big Business.

      Big Business gets lots of perks and handouts from the Government. (patents, limited liability, public resources, free roads, free educated workers, free military action, tax breaks, government funded R&D, protective regulation, tarrifs, etc, the list goes on and on).
  • 'Advice to the EU' (Score:5, Insightful)

    by Nicholas Evans ( 731773 ) <OwlManAtt@gmail.com> on Wednesday June 09, 2004 @05:17PM (#9382256) Homepage
    First of all, why does the EU want the US's advice? The title makes it sound more like we're just running our mouth's. The EU doesn't much like us at the moment, and this just helps to foster the whole 'america gets up in everyone's grill' image. =/

    And secondly, why doesn't the EU want advice from the guys down in the trenches? Is it impossible to get some body of government that listens to the people instead of greedy corporations who pay them off?

    Yea, well. We can all tell I'm high. A government for the people? Pfft. I must of taken some baaaaaad LSD.
    • "Advice" in political terms is usually another way of saying "veiled threat". Many of the companies pushing for software patents are American. Big EU software houses like SAP *don't want them*, but the US is trying to look after it's own big IT businesses. If EU doesn't bend over, there may be trade or policy repercussions.

      I didn't RTFA, because the quote made my knee jerk and my brain think OFFS! "to suffer from willy-nilly software development by individuals who have not been screened, approved, and trai

    • It's harder to say these days things like "the EU doesn't much like us at the moment". Many of the new EU countries, especially Poland, are pretty strongly pro-US.
  • European elections (Score:2, Insightful)

    by simgod ( 563459 )
    We will se on Sunday how much power we have. Vote for the Greens!!!
  • Depressing issue. (Score:5, Insightful)

    by rice_burners_suck ( 243660 ) on Wednesday June 09, 2004 @05:20PM (#9382277)
    to suffer from willy-nilly software development by individuals who have not been screened, approved, and trained by corporate human resources professionals.

    And this is to say what? That corporate human resources "professionals" know anything about software development? I suppose the next thing they'll believe is that programmers who learned to program in school know anything about programming.

    I have some experience with that second one. I know a few people who studied programming in school, not really knowing anything about it beforehand. The way they studied made no sense at all; it was a process of memorization, like memorizing a multiplication table. This applies to everything from language syntax to design patterns. These schools turn out programmers who think they're hot stuff because they can churn out word processors using VB#.NET or whatever. There isn't the sort of deep-rooted philosophy about software design, the base in mathematics and logic, the science of the machine, or the art of putting together computer programs that accomplish a job, scale well, fit together within the overall field of computing, and age well too.

    I don't know what to think about this industry. What happened to the few really good programmers who could make amazing things happen with a basically crappy machine with barely any memory or other computing resources? What happened to the respect that used to apply to this field? Nowadays, it seems like corporate managers look down on the programmers and the software, as if it's a given that software is some mindless trivial crap that takes two seconds to bang together, and the fact that it takes a really long time to engineer is scorned and look down upon.

    The issue of software patents stems directly from this. There is no issue of learning or advancing the field. It's simply looked upon as a bunch of flash cards that need to be memorized, and each corporation is trying to jump on that and patent as many of those flash cards as they can. Want to use a 'switch' statement? Pay $500 per application instance, or an annual fee of $5,000,000. It's just a nominal fee...

    Depressing. Free software needs to win the software war as soon as possible.

    • Heh... (Score:3, Funny)

      Free software needs to win the software war as soon as possible.

      followed by

      In memory of Ronald Wilson Reagan. We will never forget you.

      Am I the only one who sees the irony here?

      • Re:Heh... (Score:5, Insightful)

        by jd ( 1658 ) <imipakNO@SPAMyahoo.com> on Wednesday June 09, 2004 @05:53PM (#9382500) Homepage Journal
        They didn't mention forgiving the guy... :)


        (Besides, it'll be hard to forget him, no matter how hard we try.)


        Back to the issue at hand...


        Software/Maths patents cannot co-exist with Free Software. Ether one will survive and the other will die, or both will destroy each other in the fight.


        Patents of any kind no longer serve the purpose of protecting investment, as you can patent ideas that you have no intent of ever turning into anything real. So-called "Defensive" patents. With the minimal screening, you don't need to provide any evidence the idea would even work. Just front up the cash and take your turn in line.


        This kills innovation, for two reasons. First, nobody else has any incentive to actually build the damn thing (and risk being sued to oblivion). Second, the patent-holder (if the patent is any good) can just wait until someone pays them royalties to implement the idea.


        In short, unless a LOT of money is at stake (as in the pharmacutical industry), it's infinitely cheaper to collect as many patents as possible - like stamps or coins - on the off-chance someone else will eventually think the idea valuable enough to buy.


        Look at the patent serial numbers, and compare that with the number of items you can think of that are sufficiently distinct and unique to warrant a patent for the idea.


        I'm going to guess that the number of patents issued is maybe six to seven orders of magnitude greater than the number of inventions in existance.


        Now throw in software and algorithm patents, where any process that can be formally described can be patented. In fact, not all descriptions are that formal. They just have to be descriptive enough to pass muster.


        Software development on any scale will simply die. There won't be any point to it, any more. It'll either be done (and patented), or theorised (and patented anyway). Either way, smaller companies and garage developers won't have a snowball's chance in hell of surviving. Any more than garage developers and cottage industries have survived in the physical world.


        It's not because they can't compete, or produce the work. It's because the initial costs involved are just too high. The hurdles are too great. The days when you could go into the shed and come out with a multi-million dollar idea (eg: Hewlett-Packard, Jobs & Wosnik, etc) are over. Not because - as Apple once claimed - it's all been done. No. It's because the right to invent has been killed, in favour of a right to stifle, plus the right to profit off marketroid daydreams.


        Patents for hypertext? Patents for one-click purchases? Patents for list processing? Is this what civilization has come to?


        Yeah, I know, I sound cynical. I probably am. I'm tired of the fiction we call the patent system. I'm tired of companies profiteering from obviously bogus patent and IP claims. These days, you don't invest money in the stock market, you invest it in the patent office!


        The system assumes people will play nice. Well, they don't. It's time to retire a system that has been falling apart for decades, and replace it. I suggest using the toss of a coin. For a start, coins are cheaper. They'll also make the correct decision half the time. A much better score than what we have right now.

    • See that thing passing way over your head there?

      That was the sarcasm in the line you quoted.

      However, your exemplary slashbot behavior is sure to be rewarded, as from your post it's entirely obvious that you managed to avoid getting anywhere near the article, never mind reading it.
    • Re:Depressing issue. (Score:3, Interesting)

      by morcheeba ( 260908 ) *
      to suffer from willy-nilly software development by individuals who have not been screened, approved, and trained by corporate human resources professionals.

      as far as I can tell, those are roblimo's words, not the words of any proposed legislation. Seems inflamatory to me (as evidenced the reaction you and I share) and smells like sensational journalism. I'd love to see a link to this in an actual proposal* or get some more info on it.

      (*actually, I wouldn't like to see it in the proposal, but I would like
      • Actually, it's sarcasm. Perhaps if you RTFA, you'd see that roblimo's proposal is completely tongue in cheek.
        • Yeah, you're probably right. I did read the article, and you can still be arcastic with* or without the facts. Since everything else seemed correct and backed up, I was counting on a not-too-distorted version of the facts he did present. I like roblimo's work and, as a result, I've got high expectations.

          *example: "some of our industry leaders are working hand-in-hand with the European Parliament to help you get software patent legislation enacted" had a supporting sarcastic link
    • by hchaos ( 683337 ) on Wednesday June 09, 2004 @05:34PM (#9382375)
      And this is to say what? That corporate human resources "professionals" know anything about software development? I suppose the next thing they'll believe is that programmers who learned to program in school know anything about programming.
      RTFA. And, while you're at it, look up the word sarcasm [m-w.com].
    • Re:Depressing issue. (Score:5, Interesting)

      by skifreak87 ( 532830 ) on Wednesday June 09, 2004 @05:41PM (#9382426)
      I designed one of the problem sets (homework assignments) for the intro CS course at Princeton University. The assignment is a digital signal processing one where you animate waveforms from an mp3, generate your own sound waves, and add a basic filter to a sound wave. All the sound stuff including decoding the mp3 file is done for you, you just have to manipulate the data. The assignment was intended to teach the use of objects in Java (we had students create a Wave class that had some built in capabilities to add two sound waves together, amplify/attenuate sound waves, and generate waves of a given amplitude frequency - musical notes are characterized by their frequency), and make them deal w/ arrays. FYI, here is the assignment. [princeton.edu] N.B: I'm sure I screwed up some technical sound details in there

      Point of the post: I got responses ranging from I hate it to this assignment made me want to be a CS major. The people who were interested in CS/math/sciences loved it because they got to do something fun fairly simply. Those who were taking the course to fulfill a requirement or to dabble in programming hated it because it required them to deal w/ creating their own class and some math (fill an array with samples of a sin wave) and other stuff that required some thought/learning. They much preferred the assignments I hated that involved no creativity/original thought and were rather boilerplate. A lot of people (even really smart people) don't like being forced to think and much prefer memorization to critical thinking/problem solving. That's why, IMHO, many programs don't teach concepts (it disgusts me that in engineering classes the profs are "afraid" to give mathematical proofs for things b/c so many students hate them) or foundation - because too many people hate it and shy away from courses that focus on things that can't be crammed for and require understanding.
      • You've pretty much summed up one of the points I was trying to make: A lot of students, and even professors, I think, prefer the multiplication table memorization to doing any of the things I mentioned in my original post. And it's depressing not only because of the state of software nowadays, but also because most other industries suffer from the same things. I see people on a daily basis who are smart and could accomplish a lot, but they don't want to use their head. They would much rather follow directio
    • Re:Depressing issue. (Score:2, Interesting)

      by Valluvan ( 564515 )
      The weirdest, nevertheless one true thing about the software industry, is the sheer number of stupid people in it. My personal reasoning for such a situation where a vast number of untalented rub shoulders and harass the small number of very talented (it's called Pareto principle [wikipedia.org]) is in the nature of software itself. Software amplifies the speed of any process many fold that users of it do not notice the inefficiencies. Stupid people survive because the silly trash they produce is still somewhat useful for
    • by mikael ( 484 ) on Wednesday June 09, 2004 @05:56PM (#9382511)
      What happened to the few really good programmers who could make amazing things happen with a basically crappy machine with barely any memory or other computing resources?

      From my experience at university, I'd say that they all went into university teaching/research and/or consultancy and if they became contractors in the UK, they are unemployed.

      Corporate directors are under pressure from shareholders to maintain the mandatory annual growth rate. With the large number of graduates with 2:1's and 1st class Honours, companies were instructed to do all they could to give them employment. So companies stopped looked for contractors and just wanted project managers to train up the graduates. And even then, they will only consider graduates who have already done similar work as a project. Anyone who worked as a contractor, or wasn't willing to remain for a full project lifecycle and let their skills become out of date, is being rejected. But these are the same companies who would probably downsize their project managers, once their graduates were skilled enough to become team leaders.
      • Corporate directors are under pressure from shareholders to maintain the mandatory annual growth rate.

        In other words, the shareholders and managers of corporations believe:

        • Corporations have a right to profit.
        • The government has a duty to protect that profit.
        • Corporations have a right for their profits to consistently increase.
        • If a corporation's profit does not increase or actually decreases, that is the effect of a crime on the part of the consumers who purchase the product or service.

        In other words, co

        • In other words, corporations have a God given right to eternal perpetually increasing profits.

          Investors like to see companies become 'cash cows' [investorwords.com], and become frustrated when they find out various markets are really cottage industries [investorwords.com], or if government regulation forces them to become 'boring utilities'.

          You'll find that all the people who care about quality programming/design are either working as architects or running their own companies.
    • Nowadays, it seems like corporate managers look down on the programmers and the software, as if it's a given that software is some mindless trivial crap that takes two seconds to bang together, and the fact that it takes a really long time to engineer is scorned and look down upon.

      Much of it is mindless trivial crap. We have Microsoft, at least in part, to thank for this, a la Visual Basic and its other "visual" stuff. This phenomenon is a natural consequence of a process that has been dumbed down, and fu
  • by Anonymous Coward on Wednesday June 09, 2004 @05:20PM (#9382279)

    the Chinese, Indians, Asia, S-Americans, Africans

    are busy laughing at us, innovation wont stop but western buisness might

    so i for 1 welcome our new technology masters

  • by composer777 ( 175489 ) * on Wednesday June 09, 2004 @05:20PM (#9382280)
    sponsored innovation, much in the same way that W hides behind the troops when he is criticized for the war in Iraq, or the CEO of Walmart hides behind his employees when Walmart is criticized (i.e. "I think our associates do an oustanding job." in response to the criticism that Walmart pays oppressively low wages to their employees).

    In other words, the corporate lobby that wants these patents is basically taking credit for innovation, much of which is payed for by the US government. They are using this as evidence that they deserve even more rights. There is no justification for giving corporations these kinds of rights.
  • Elections coming up (Score:5, Interesting)

    by pklinken ( 773410 ) on Wednesday June 09, 2004 @05:21PM (#9382284)
    We have the elections for the European parliament coming up this weekend..
    Are there any slashdotters here that let their vote be influenced by this, and if so how ?
    • Yes. (Score:3, Informative)

      I'm voting for a person who has shown clear opposition to software patents.
      • Re:Yes. (Score:1, Interesting)

        by Anonymous Coward
        In France, politicians say: we will lower taxes and unemployment. Average Joe say: shut up, I wanna watch TV.
        And no one knows what a 'pay tent' is!?! This whole patent story has no connection to everyday life, and no one seems to understand or even care about the problems that could come from it.
      • Re:Yes. (Score:5, Informative)

        by killbill! ( 154539 ) on Wednesday June 09, 2004 @06:12PM (#9382634) Homepage
        It is very sad that in the countries I've heard about (France and Germany: I am French but happen to be living in Germany atm), only two parties (the Liberals and the Greens) have a solid European platform.
        Those are not mainstream as they usually hover between 5 and 10% of the vote. The larger Socialist and Conservative Parties never seriously dealt with Europe in their campaign - it was rather all about bashing the other party on a strictly national basis. No wonder voter turnout is going to be dismal once again :(


        I originally intended to vote for the (German) Liberal Party. Out of habit maybe, since I usually vote for its French sister party, the French Democratic Union (UDF).
        Then I saw their voting record on the software patent issue. Screw them, I'm going with the Greens this time.

        A previous poster was modded down as offtopic for this, but offtopic it sure was not. Indeed, the Greens are the only party that has consistently opposed any kind of software patents on a European basis. Besides, by voting for the Greens because of software patents, you are also rewarding one of the very few parties that actually care about Europe.

        Come to think of it, anyone know what happened to the voting records on the FFII website (http://www.ffii.org.uk/votes/swpat/)?
        The URL now returns 404 Errors at this very crucial time!
      • Re:Yes. (Score:2, Informative)

        by Teddyman ( 307626 )
        I even voted for a person whose whole party is opposed to software patents, so even if my candidate won't get elected, my vote could help somebody else from the same party. (The D'Hondt method [wikipedia.org] is used to determine vote results here.)
      • The Green Party in the UK has a well thought out policy on Software Patents and IPR. A quote from their site [google.co.uk]:

        The GP strongly opposes software patenting. Copyright works well enough to protect IPR (Intellectual Property Rights). The flag of IPR must not be used to give more power to rich corporations while preventing the general use of useful cheap software.

        The only thing I'll add to their words is that the Green Party traditionally does well in the European Elections, so a vote for them can make a rea
    • by Holger Blasum ( 250938 ) on Wednesday June 09, 2004 @05:51PM (#9382482)
      Software patents party trends, candidate statements and voting behavior for many European countries [ffii.org] (it's a wiki, add your country if you feel it's missing ;)
    • by Anonymous Coward on Wednesday June 09, 2004 @05:53PM (#9382495)
      Yes - this topic will steer my vote! I will vote for Green, here is why and alternatives (for Germany):

      In Germany the Greens and the Liberal Party (FDP) both announced to be officially *against* Software Patents. Also the left wing (PDS) is against.

      These are the choices I did take into account - in my opinion if you want to be sure and you can live with their other ideas the Greens are the safest choice!

      The others do not qualify:

      Situation in the SPD (Socialist party) is about 50% pro-SW-Patents and 50% against-SW-Patents. I have the feeling they both want SW-Patents (for their large industry lobby) but likewise not the consequences of them. Since they cannot make their mind up, I need to put by vote otherwise.

      For the CDU/CSU (Conservative party) the situtation is even worse, about 70% pro-SW-Patents and 30% against. Most of their MEPs are not well informed and tend to believe the party line (which seems to be mostly dictated by a MEP Wuermling - a strong supporter of Software Patents).

      Wuermling also called the EU parliament 'uninformed and confused' (in which he is also a memeber) and praised the councils version of the directive loudly - in my eyes not someone you would want to see as qualified member of the EU parliament.
    • About 2 years ago I send an email to Erik Meijer, number 1 on the list for the SP (Socialistische Partij), which stated (amongst others) that I would never vote for the SP, but I had some worries and would like to know what he thought about these worries. I got a polite answer and he shared my worries and told me what he was doing about it. He even sent me updates.

      Erik Meijer has consequently voted against s/w patents. The SP also makes the most fuss about 'zakkenvullerij' (stuffing one's pockets) like fo
    • Yes, and my decision was based solely on this issue (well, this and privacy issues, I don't to want to be placed into a list of suspected terrorists if I fly somewhere and refuse to eat meat... then again, I'm probably already on the list).

      Since you really can't count on a single person to support all of your interests, and since political parties have much more influence in the parliament than individuals, I had to pick something to base my vote on. And I really really don't want a patent system similiar t

    • Yes, I already have voted this morning (in the Netherlands the voting is today) and I did let my vote be decided on the Software Patent issue.
      And I did vote against Software patents. (although there were some other issues where I also agree with the local green party)
    • Some of us are ahead of our EU partners :-) (elections in the UK are always held on a Thursday).

      Unfortunately in the North West they have rolled back the reform acts of the 19th century and got rid of the idea of a secret ballot. With a mass postal ballot a patriarch can just collect a load of ballot papers and fill them in himself.

    • Yes, this is absolutely the single most important thing in making the decision.

      As the others have noted, Greens are unique in that they have unified stance on this matter with good guys across whole Europe. And quite a few other things seem to be pretty nice in that direction.

      Unfortunately, they're Greens. I can't stand their pseudo-environmental knee-jerk reaction against nuclear power and biotechnology, that has nothing to do with rational thought of real environmental issues and more with feelings. Loo
  • by Gay Nigger ( 676904 ) on Wednesday June 09, 2004 @05:22PM (#9382293)
    There's no telling how bad an effect this could have on Free Software. With Microsoft already trying to crush innovation in Linux over here in the states, I can see this new move towards more patent laws as only extending their grip to Free Europe. Hopefully, the people of Europe are more aware of what their government is doing than we are, and consequently will be writing their legislatures in larger numbers than the small IP-aware group that resides in the US.

    It's a shame to see that this is almost definitely going to happen. With the abundance of bogus patents already granted in the US, it's only a matter of time before people start seeing obvious and old ideas being patented by corporations that exist solely to sue others into submission and profit from the legal entanglements while the lawyers are busy sorting everything out. I can't believe that Europeans would be so dumb as to bring this upon themselves, and can only conclude that the US is strongly pressuring them to come around to their point of view vis-a-vis intellectual "property".

    Who's in the US pressuring Europe into this, why are they doing this, and how can we stop them?

    • The European Patent Office [epo.org] has been granting stupid software patents [ffii.org] for years, even though they'll remain impossible to enforce pending the new legislation. For example, see some of Ericsson's [ericsson.com] patents here [ffii.org].

      As you would expect, the average European is just as clueless about software patents as the average American. I wish this was not true but it is. It's possible that there's a higher awareness within the political parties, but not necessarily in favour of the free software position. At least the European
    • I wonder if some day people are going to get so fed up with this shit that they just do whatever the fuck they want because their contempt for the law has grown magnitudes beyond their respect for it. I'd be all for supporting a person/orginazation that would effectively show a strong dissonance (like, blatantly disobeying a software patent and disregarding the court orders). In fact, that would be an interesting underground orginization to form, just a bunch of smart software developers pumping out code th
  • Excuse me? (Score:5, Insightful)

    by fiannaFailMan ( 702447 ) on Wednesday June 09, 2004 @05:22PM (#9382296) Journal
    willy-nilly software development by individuals who have not been screened, approved, and trained by corporate human resources professionals
    When did Bill Gates ever get "screened, approved, and trained by corporate human resources professionals ?"
    • That a punk-kid college drop out started what's now a mulit-billion dollar company!! Where the irony comes in is that those very same companies...it doesn't matter who: Cisco, HP, SGI, nVidia, Microsoft, Apple...and the list goes on... Young out-of-work innovative kids. Would never have be allowed their success in today's world. The very companies they founded are continuing to work harder and harder to make sure that NEVER happens again... that's the lesson here more than anything else. Look where all
      • This is similar to how countries built on immigration (USA, Australia, England) don't want new immigrants, or how politicians who have had a free education at taxpayers expense vote for tuition fees for the next generation, or how Disney (a company built on extending public domain and not-so-public domain works) is the most keen on indefinately extending copyright to prevent other people from doing what they did.

        The whole point is "screw you, kid; I've got mine!".

  • Comment removed (Score:5, Insightful)

    by account_deleted ( 4530225 ) on Wednesday June 09, 2004 @05:25PM (#9382318)
    Comment removed based on user account deletion
  • by Brad Cossette ( 319687 ) on Wednesday June 09, 2004 @05:28PM (#9382335)
    You have to expect a large amount of corporate (well, American corporate) and even gov't FUD over this. Corporations want a sure thing - secure investments and market control. Patents in every form are a lock (to some degree) on money and a preventative measure on competition.

    I personally wouldn't mind software patents if they were truly fundamental breakthroughs or such (RSA cryptography comes to mind), but with Microsoft patenting "To Do Lists" the EU should be really concerned over what kind of silliness is going to be submitted as a software patent.

    For that matter, if the EU was to adopt software patents, what % of those patents would be American?

    Should the EU choose not to adopt the software patent idea, we'll see the EU become the hotbed of software creativity for the next 20 years. That's something that'll rankle America, but will it bother the U.S. enough to suffer the pain of changing the patent law?
    • by Anonymous Coward
      For that matter, if the EU was to adopt software patents, what % of those patents would be American?

      About 65%... I don't really need to comment beyond that, but let me just say it sickens me how willing my "fellow europeans" are to sell me down the river.
    • by Alsee ( 515537 ) on Wednesday June 09, 2004 @08:14PM (#9383324) Homepage
      I personally wouldn't mind software patents if they were truly fundamental breakthroughs or such (RSA cryptography comes to mind)

      Chuckle. Take a look at the original RSA patent. [uspto.gov] They don't even get to the RSA encryptin until the SEVENTH claim. Claim one (the root of the patent) is on the very idea of public key cryptography.

      Even once you do get down to claim 7, it's still a patent on the "invention" of doing math. Groan.

      -
      • Even once you do get down to claim 7, it's still a patent on the "invention" of doing math. Groan.

        Worse, the basis of RSA encryption is the difficulty of solving a math problem (factoring) that mathmeticians have studied for years. The inventors certainly had an advantage, in that lots of study on how to factor had already been done. Yet, when they do similar work, they expect that no one else will be allowed to use the knowledge they developed. Seems a bit hypocritical, to me.

  • by artlu ( 265391 ) <artlu@art[ ]net ['lu.' in gap]> on Wednesday June 09, 2004 @05:28PM (#9382336) Homepage Journal
    I think patents in the U.S. slow down the product development process to some extent. By slowing down the process, Open Source competition can grow, and allow for software "alternatives" to arrive on the market first. The other problem with software, which is stated in the article, is that most new software is based off of previous software and this can lead to stunted growth of otherwise good applications.

    Also, the fact that patents cost money can lead some software projects to open source licensing directly in order to ensure protection. I see this as good for the open source community, but bad for the software industry. Although, maybe I am misunderstanding the article.

    On a side note, if you like the stock market/day trading/momentum trading/swing trading, I have built a website which showcases my paper trades. Everything is free of course, so please check it out - GroupShares.com [groupshares.com]

    Thanks,
    Aj

  • by lifebouy ( 115193 ) on Wednesday June 09, 2004 @05:28PM (#9382343) Journal
    I have never, ever met an HR person who I would hire after seeing them in action. An anectote about a monkey and a football come to mind.

    Open Source development, however, is PEER reviewed. The bullsh*t walks, in any project of a substantial size and momentum to produce, say, an office suite. Someones screws up enough times and they get kicked from the project. Peers have the actual knowledge to say, this guys work is crap. HR can say, well he showed up in a clean suit with a good haircut and had a great handshake. Thats real nice, but Ill take the open source software anyday.

    Half the reason proprietary software sucks, aside from not being free, is that its written by the guy with the best handshake, or whatever cosmetic thing the HR weenie was looking for that day. Never trust a bureaucrat HR rep to make a decision that a peer could make better.

    • I find your comments interesting. I've been developing data acquisition and process control software for twenty-five years in a number of fields and industries, and never was able to land a job by going through Human Resources, or "Personnel" as they used to call it. I'm unfortunately a square peg, as far as HR is concerned. Lots of experience but no degree, and as I was an independent developer for 18 years I had no convenient "salary history" to show. My current full-time position I got because the di
    • To be fair to the HR people themselves, they are particularly stressed from compression between these forces:

      1. People seeking work and willing to lie, cheat and steal to get it.
      2. Internal policies that are frankly illegal, if not outrightly immoral.

      We ask (or demand) that HR vet the population which has members representing force#1. That alone is quite stressful, and with all the law governing the selection process, we arrive at force#2. Let's face facts; managers don't willingly do things like
      • I respect your comment, and you make some good arguments, but I just cannot like HR ppl. It's like the military: I can't get a real job, so I'll go for an HR position. In general, HR people make my skin crawl the same way as used car salesmen, polititians, apartment finders(who thought up this crap? Does nothing but chase up apartment prices), SCO employees, and closed source advocates do. You know they are in it for the wrong reasons. You know they are strait out lying to get something from you, be it a bu
    • Ummm. Sure, HR people are crap a lot of times, but everywhere I've worked they've done technical interviews, and when I've interviewed people for programming jobs, I've done technical interviews.

      Whenever I had any input, basically we used HR to tell us whether the person was kosher in general, and our own determinations as to whether they were competent...
  • by ShatteredDream ( 636520 ) on Wednesday June 09, 2004 @05:29PM (#9382348) Homepage
    And that is to get the government and private industry so hooked on open source software that software patents would wreck the economy. The fastest way for the public to begin to realize that this is a terrible legal system is to make it hit home.

    But then open source developers often just don't get it either. OpenOffice for example doesn't even have a word count feature nor the ability to print multiple slides on the same page. These are two features that are absolutely critical in an academic environment for students. With academia firmly against proprietary software giants, we can use universities as a weapon against them.

    We really need for a group like Knoppix to make a LiveCD with the ability to do a very clean, intelligent install to the hard drive. LiveCDs are the way to go for installations. The user can play around with them all they want and then ideally, just run an installer to copy it to the hard drive and configure the bootloader.

    Right now we have about 1.5-2 years before the next version of Windows comes out. Now is the time for the major projects to conduct user surveys to find out what is missing, add the features and get the product out the door. The fastest way to take down Microsoft, the biggest threat on patents, is to make them stop growing their profits. Since the company makes a lot of its payments from stock, if we can stop them from growing, maybe even cause them to actually have slight negative growth, it would unbalance their payment system which would cause them to have to burn through more cash.

    And as an aside, ironically to those who are thinking G-ddamn he is a socialist.... I'm voting libertarian in 2004.
    • by Anonymous Coward on Wednesday June 09, 2004 @05:38PM (#9382400)
      OpenOffice.org does have a word count feature, click on File > Properties and then look under the Statistics tab.
      • OpenOffice needs to put that and other commonly used features in areas that are close to where the user will be working. Most people don't even bother to use Help because they often cannot even think of what to type into the help search.

    • With academia firmly against proprietary software giants, we can use universities as a weapon against them.

      ha! hardly.... universities love proprietary software makers. they pour tons of money into schools to get students hooked on their software. my school switched all of it's introductory CS labs over to microsoft visual c++ about a year or so before i started (over the strenuosu objections of many faculty and students) because microsoft gave them a really sweet deal. and i highly doubt that they
    • We really need for a group like Knoppix to make a LiveCD

      Personally, I have no idea whatsoever about what a Knoppix is. Or a Gentoo for that matter. Or a Debian.

      And I'm not "joe public", I was using Linux professionally in '96! Yes, getting paid to run Linux as a full time job. I do know what I'm talking about.

      The open source community, if it wants to make any inroads into public acceptance, has got to lose this obsession with stupid names. Microsoft learnt this years ago. "Windows", "Word", "Access", "
  • If there will come a day when, to get a job, you'll have to create and patent some sort of platform.. so that you are the only person who can leggaly create software using that platform
  • I mean they're preventing me from implementing this new algorithm, RCU for preemptive user threads. IBM has way too many defensive patents in that area. It gives me an excuse for not doing it and anyway, we have too many algorithms already.
  • by dcollins ( 135727 ) on Wednesday June 09, 2004 @06:15PM (#9382659) Homepage
    ... as I give a test to my students. You need to stop posting these threads on Wednesday night when I generally don't have time to read them. (Like the infinite twin primes proof from two weeks ago.)

    Thank you for your consideration. :)
  • by ites ( 600337 ) on Wednesday June 09, 2004 @06:19PM (#9382684) Journal
    that there is a firm and long-term strategy in place by certain groups to find ways of outlawing the act of writing code for public consumption without a license. the end goal being simply to create or perpetuate existing monopolies by the creation of artificial barriers to entry into what has become an incredibly open market.

    i think the first real attempt (or mockup) was certification of code which found its extreme in palladium. This principally technical solution has since been abandoned.

    the current wave is based around so-called intellectual property rights. the term is a joke, but has many proponents, from the media industries through to the software business. you do not own that idea, it belongs to someone already. the space in your head has a 75-year lease.

    this will also fail imho. it is - like palladium - too ludicrous a proposition and fails the basic darwin test: any society that allows its common technological culture to be partitioned into 'property' will suffer competitive disadvantage and eventually either change or die.

    i expect the next phases to be based on security, but only after the current market leader is long dead and gone, its laughably insecure products being replaced with "professional" ones from other, older players.

    who will, i think, be in the fore-front of the lobby to license software programming.

    i've been programming for 20 years but i am very sure that my children will not be allowed to do this freely, any more than i can distill liquor and sell it to my neighbours.

    software is just too fundamental, too valuable to be left in the hands of the common people.
    • certification of code which found its extreme in palladium. This principally technical solution has since been abandoned.

      Your misunderstand Palladium, it's not about code certification at all. Nor has it been abandoned.

      The very reason Trusted Computing (Palladium) is so dangerous is because it uses the tried and true tactic of Embrace and Extend (and Exterminate). All software will run on a Trusted machine without any certification at all (embrace).

      What Trusted Computing really does (extends) it allow t
      • Well, going out and buying a CD is what $20 if the price fixing rate continues as it has. Heck, it is what I pay for import music which constitutes a significan portion of my music. Anyway, logically it doesn't make sense to pay $1000-$500 dollars just to listen to free music. People will do it anyway but something I wanted to point out.

        I wonder if there will still be some local ISPs that don't force their customers to "upgrade." There are still a few ISPs out ther that provide shell accounts. I pay more f
        • An ISP really only needs to instal a single authentication computer at certain points to control all customers hanging below it on that branch. ISPs can phase it in after most people aquire Trusted computers. The backbone itself could phase it in after most ISPs are compliant.

          At that point it becomes possible to implement the following rule:

          Only permit connections to other Trusted Computers that enforce this rule.

          If you install that rule on the backbone then the backbone enforces that rule on ISPs and IS
  • Depressing (Score:3, Interesting)

    by tsotha ( 720379 ) on Wednesday June 09, 2004 @06:41PM (#9382866)
    If European programmers aren't bound by these stupid patents while we (I'm in the US) are, the US software industry will just evaporate. Since Congress will see the writing on the wall, the US patent system will then be changed to something more reasonable.

    If everybody in the world lines up with the US system, in the end only Microsoft and IBM will be legally able to write code.

    Maybe the solution is for all the open source programmers to form some sort of guild and patent every damn stray thought like the big boys are doing. That way we'll have leverage if they threaten us. We can even set up do-nothing companies to sue Microsoft for patent infringement every time they fund an SCO or AdTI, you know, like whacking your dog with a rolled-up newspaper. Baaaaad Microsoft. Whack!

  • by argoff ( 142580 ) on Wednesday June 09, 2004 @06:45PM (#9382887)

    Right now, they're trying to justify patents in the EU because of the great economic prosperity in the US. Unfortunately, it's not the first time those in the US has used this kind of argument...

    To paraphrase "look at the great wealth and prosperity of the plantation system, the grand architecture, the vast and rich land, the free markets ... they paid for those slaves God blessed, surely that alone shows slavery is good, and the negros have been saved from their barbaric condition" ....

    I wish I could say that patents are causing less harm, but when they recently lokcked out 10's of millions of Africans dying of AIDS from getting generics because "they had no incentive", because patents are "a property right", becasue "the wealth of the pharmasutical industry in the US is proof that patents work" ... etc. - it really causes me to think twice.

    The people who know understand that the USA works because of freedom that exists inspite of patents, not becaus of them.

  • I'm confused. Doesn't one have to show "how" the thing to be patented does what it does? I heard through the rumor mill that Coca-Cola won't patent it's formula because then others will now know how to copy it.

    So if this is true (and it might be wrong, that's why I am asking) wouldn't a closed source company patenting something then make it's source open for all to see and look at?

    Correct - explain - enlighten me, please.
    • Correct - explain - enlighten me, please.

      You are perfectly correct in your understanding. That's the whole point of the patent system. If you invent something, you've got a "head start" in commercializing it. Either you can use it exclusively, or someone can read your patent, decide that it's a good idea, and pay you a licensing fee so they can use it too. Eventually it passes into the public domain. What the anti-patent crowd is arguing that it should pass into the public domain immediately.

      What they do
  • by Esion Modnar ( 632431 ) on Wednesday June 09, 2004 @06:48PM (#9382902)
    What if Xerox could have patented the concept of the Graphical User Interface, along with the mouse, and all that fun clicking, way back when?

    Xerox could have sat on the idea, but sued Apple, Microsoft, and anybody else who came along with a use, into smouldering red-ink ruin.

    The patent would have finally expired sometime around the early- to mid-90's.

    • Xerox could have sat on the idea, but sued Apple, Microsoft, and anybody else who came along with a use, into smouldering red-ink ruin.

      But why would they? More likely, they'd simply have licensed the ideas in return for a fee. That, incidentally, is what Xerox, Kodak and a bunch of other companies do for a large chunk of their revenue. They do research and license it out. ARM is based on a similar model.
  • by Brandybuck ( 704397 ) on Wednesday June 09, 2004 @07:45PM (#9383222) Homepage Journal
    suffer from willy-nilly software development by individuals who have not been screened, approved, and trained by corporate human resources professionals

    I work for Siemens. A rather huge multinational based in Germany. That's Germany as in "right there in the middle of Europe". Maybe the neo-anarchist software developers of Antwerp and Barcelona are a different story, but the software developers from Germany are the epitome of "screened, approved and trained" mobile resources.

    Tell a German that product is more important than process, and they'll call the men in the white suits to haul you away! To them, process is the product, and what you sell to generate revenue is merely icing on the cake.
  • by sproketboy ( 608031 ) on Wednesday June 09, 2004 @07:48PM (#9383228)
    But they should be limited to a 6 month life-span after which they go to the public domain. 6 months IMO is plenty of time to bring an idea to market with software.
    Like double-clicking. :)
    • by Halo1 ( 136547 ) on Thursday June 10, 2004 @02:42AM (#9384888)
      You can't do that, because the US made it illegal in the international TRIPs treaty to create special conditions for certain kinds of patents. Either you allow patents on something and these patents are exactly the same as all other patents you allow, or you don't allow patents on something (and then you have to argue that this something can either not be an invention, or does not belong to a field of technology).
  • Spirit Vs. Reality (Score:5, Insightful)

    by john_anderson_ii ( 786633 ) on Wednesday June 09, 2004 @08:51PM (#9383485)
    I think I believe wholeheartedly in the spirit in which patent law was created. Put plainly, this spirit was to protect the inventor of a specific item. Such as a specific blender with a specific motor, and specific blades. In this way, larger competitors could not produce the exact same item, undercut him, and recieve the fruits of his labors.

    Times have changed though and unfortunately they have changed for the worse. Now it seems that coprorations are using the patent system as a tool to stifle competition. The claims for patents are getting more and more vague, thus covering a broader and broader scope. In the not too distant past it would have been unheard of to pantent "Software Compression", it would be considered imprudent, where patenting as specific method of software compression using a specific library and a specific algorithm would have been ok. I think the current patent laws would suffice quite nicely if the US Patent Office would wake up and reject patents applications that are frivilous and obviously not in accordance with the spirit of U.S. Patent Law.

    • The Constitution describes PRECISELY what the Spirit of Patent Law is:
      ". . . To promote the useful arts and sciences. . "

      Anything more than that is influence peddling, and corporate welfare. Plain and simple.
  • by Karl-Friedrich Lenz ( 755101 ) on Wednesday June 09, 2004 @11:21PM (#9384178) Homepage
    to all opponents of software patents in Europe.

    That's not only because the American president is not particularly popular in Western Europe, so whenever Americans open their mouth, Europeans are likely to do the exact opposite right now.

    It's also because even those who fight for software patents have to pretend they don't want the extremism that passes for patent policy in America these days. Even they must appear to oppose business method patents, for example.

    That means that any open assistance American assistance for the project to sell out the European software industry to American patent holders will backfire. It will help the opponents of said project.

    That in turn means that all opponents of legalizing software patents in Europe should welcome all the clueless interventions on part of the American government.

  • The article starts with these two sentances.

    European free software advocates, Green Party activists, Socialists, economists, small business owners, and other radicals are working to keep the European Union from instituting U.S.-style software patents. But don't give up hope.

    Radicals? Yes, those radical "economists", the horrible "small business owners", and Oh-My-God, the dreaded "free software advocates"! Horrors! No better than terrorists, most of them...

A committee takes root and grows, it flowers, wilts and dies, scattering the seed from which other committees will bloom. -- Parkinson

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