Jump to content

Munich Changeover on Hold


nocturnes
 Share

Recommended Posts

According to The Guardian, this is just a stratagem:

... this is not an anti-open source attempt to discredit Linux or discourage Munich, but a pro-open source attempt to put pressure on the German government. The idea is to present legislators in general with a stark choice between software patents and open source, and thus encourage them to choose the latter.

Let's hope so... :unsure:

Link to comment
Share on other sites

The ultimate question about linux and patents is this.

How can any linux developer ever know if something they come up with infringes on someone elses stuff? They can't. Since linux is open to public viewing the other party is the one who must find the infringing code and cry foul. Unless theirs is also open to public inspection. How could a developer ever know what the thousands of patents given out each year cover. They can't its not their job.

Untill a case is taken to court nothing can be proven. And who are they going to take to court? IBM. They have a version out, Sun, Novel, They are all creators of UNIX and would not sue themselves. Maybe Rh but thats about it. I can't see how some M$ code got into linux.

 

This was all started by some dorky insurence firm with dubious ties to M$ trying to sell Linux insurence. They said they found over 250 instances of patent violations and they could protect you for just a small 150,000 doller fee. Linmited to 5 million in penalties of course.

 

FUD for the doller. Anyone buying?

Link to comment
Share on other sites

Ill raise my hand for some FUD.....

 

SCO promised not to sue any more customers the other day, doom 3 came out this week, half life 2 has to be soon :P

 

 

then again, SCO dont have any more customers left to sue, only ex-customers :P

 

iphitus

Link to comment
Share on other sites

The ultimate question about linux and patents is this.

How can any linux developer ever know if something they come up with infringes on someone elses stuff? They can't. Since linux is open to public viewing the other party is the one who must find the infringing code and cry foul. Unless theirs is also open to public inspection. How could a developer ever know what the thousands of patents given out each year cover. They can't its not their job.

Untill a case is taken to court nothing can be proven. And who are they going to take to court? IBM. They have a version out, Sun, Novel, They are all creators of UNIX and would not sue themselves. Maybe Rh but thats about it. I can't see how some M$ code got into linux.

 

This was all started by some dorky insurence firm with dubious ties to M$ trying to sell Linux insurence. They said they found over 250 instances of patent violations and they could protect you for just a small 150,000 doller fee. Linmited to 5 million in penalties of course.

 

FUD for the doller. Anyone buying?

 

 

That more or less sums it up...

The whole issue of SW patents is ridiculous when looked at from the side of an independent software developer or open source contributor.

 

Its the whole fact its a patent, not copyright....

if it was copyright then the big boys could examine the code and say hey thats a violation and the developer can do the same thing a different way....

 

Phelps is now working with Microsoft, which OSRM estimates holds 27 patents covering ideas and techniques used in the Linux code

Thats the whole point MS might patent a mouse (even though they didnt invent it they take the attitude it should have been patented before! )

So we are talking vague idea here not lines of code which would be copyright...

Link to comment
Share on other sites

Thats the whole point MS might patent a mouse (even though they didnt invent it they take the attitude it should have been patented before!  )

 

Mouse: a hardware device which uses a trackball and buttons in order to navigate a pointer on the screen and to manipulate visual elements.

 

Software and hardware are different beasts though.

 

But a similar stupid description might be given for a piece of software code, but it could be much more confusing and might be allowed just because it "sounds logical".

Edited by Darkelve
Link to comment
Share on other sites

The ultimate question about linux and patents is this.

How can any linux developer ever know if something they come up with infringes on someone elses stuff? They can't. Since linux is open to public viewing the other party is the one who must find the infringing code and cry foul. Unless theirs is also open to public inspection. How could a developer ever know what the thousands of patents given out each year cover. They can't its not their job.

Untill a case is taken to court nothing can be proven. And who are they going to take to court? IBM. They have a version out, Sun, Novel, They are all creators of UNIX and would not sue themselves. Maybe Rh but thats about it. I can't see how some M$ code got into linux.

 

This was all started by some dorky insurence firm with dubious ties to M$ trying to sell Linux insurence. They said they found over 250 instances of patent violations and they could protect you for just a small 150,000 doller fee. Linmited to 5 million in penalties of course.

 

FUD for the doller. Anyone buying?

 

Whilst I essentially agree with you (kepp that in mind ;) ) the fact that it is patent and not copyright makes this a little simplistic - or at least it seems so to me (perhaps I misunderstand you...)

 

If a developer cannot see the code, that does not mean they can't be aware of the patent. Software patenting is essentially "owning" a concept of something you can do with software - which is (IMHO) stupid and immoral. I don't need to see someone's code on how they built their online shopping basket to know that I am writing a shopping basket myself...

 

That said, I agree that the third parties should take responsibility, although that's leaving it a bit too late. The first the OSS developer hears of it is when it's all taken to court.

Link to comment
Share on other sites

No thats right phunni but they dont need to be aware of it to infringe it...

its not like copyright where you'd need to see it and if you could prove you havent then you didnt copy it its a wishy-washy concept of is it the same sorta idea...

 

Like the famous Amazon one click --- how can anyone patent a click is beyond me and if your reasonably IT literate the concept is just ?? but the people making the legislation are not IT literate...

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
 Share

×
×
  • Create New...