Patent directive 'could halt Linux development' (more FUD :)

ZDNet Australia ^ | 3/1/2005 | Munir Kotadia

[GeorgiaFreeper]

An IT law expert predicts the threat of litigation over patent violations will seriously hamper Linux development in Europe if the CIID is passed.

The European Commission's decision on Monday to reject demands to rewrite the Computer Implemented Inventions Directive could seriously damage open source software development in Europe, according to a legal expert.

---------snip------------

According to Malcolm, who admits to being against software patents, said there is 'no question' that Linux already violates a number of patents, which could lead to further litigation.

[GeorgiaFreeper]

I guess the OSS fan boys will say this is more Microsoft FUD. Unfortunately, the person raising the alarm in this case is an OSS advocate (Jeremy Mark Malcolm, an information technology lawyer specialising in Internet-related law and speaker at the forthcoming Linux conference in Canberra).

[Golden Eagle]

They always do claim it's nothing more than "Microsoft FUD", but the fact of the matter is it is an open source firm that has reported finding close to 300 patent violations in the kernel alone.

http://www.informationweek.com/story/showArticle.jhtml?articleID=26800214&tid=5979

Dan Ravicher not only works for Open Source Risk Mangement, he is an attorney for the Free Software Foundation. The Linux developers have no real answers, when confronted, other than to destroy patent law, not only in the US, but worldwide.

http://www.eweek.com/article2/0,1759,1731299,00.asp?kc=EWNKT0209KTX1K0100440

[ShadowAce]

Linux Ping!

BTW--FOSS is no more vulnerable than proprietary, closed source software. All development is vulnerable to patent infringement.

[epluribus_2]

yeah but it is hard to add royalties to free software and still be free whereas free enterprise software can build in a license fee as part of it's business costs.

[N3WBI3]

No what people usually say (myself included) is that we need reform of software patents, they are out of control and killing the industry by allowing a few big patent holders like IBM and MS to be gate keepers for anyone to enter the industry.

Software should exist under copyright only..

[Golden Eagle]

FOSS is no more vulnerable than proprietary, closed source software. All development is vulnerable to patent infringement.

The obvious difference you ignored is major proprietary products typically protect their customers from legal liability. Call Red Hat Linux, ask them if they protect you from patent lawsuits as an end user of their products. My guess is you already know the answer, which is, they don't.

[atomic_dog]

but the fact of the matter is it is an open source firm that has reported finding close to 300 patent violations in the kernel alone

Did you even read that article? The first paragraph starts "A study conducted by a startup that offers insurance against patent and copyright violations ..."

What the hell would you expect them to say? "We have examined the Linuz kernel and can find no patent violation so we are shutting our doors and we are all looking for new jobs now."

People should be able to at least recognize FUD when they see it.

[Salo]

Call Novell. They do. Of course, they own unix. ;-)

Call Red Hat Linux, ask them if they protect you from patent lawsuits as an end user of their products.

[ShadowAce]

The obvious difference you ignored is major proprietary products typically protect their customers from legal liability.

The difference here is that I actually own my copy of Linux. I'm not renting it. If MS decided not to protect its users from patent suits, I'd claim I own the software.

[Golden Eagle]

He's also the general counsel for the FSF, probably trying to help. The fact that you'd rather deny deny deny speaks volumes about your intent.

[Ernest_at_the_Beach]

Author of Linux Patent Study Says Ballmer Got It Wrong

"Microsoft is up to its usual FUD [fear, uncertainty and doubt]," said Dan Ravicher, author of the study Microsoft cites, who is an attorney and executive director of PUBPAT (the Public Patent Foundation).

[bvw]

With regard to software patents -- hooray! Let them be destroyed. The mechanism that grants them is the bastard. Make software patents very hard to get -- must not be obvious to the trained practitioner or trivial extensions of common or published practices or abilities.

Otherwise throw them all out! Bad apples in the basket ruin the good ones too.

[Ernest_at_the_Beach]

[Doohickey]

Are you two the same FReeper? :)

[GeorgiaFreeper]

Are you two the same FReeper? :)

LOL... not that I know of. Of course if I did have a multiple personality disorder, my other selves would not know it...

[zeugma]

Call Red Hat Linux, ask them if they protect you from patent lawsuits as an end user of their products.

"Some of the world's largest vendors share our view and are willing to stand behind Linux to protect their customers, as are we," Cohen said. "HP offers its Linux customers indemnification. So do Red Hat and Novell. Both Novell and IBM have publicly promised to use their extensive patent portfolios to protect Linux customers." - From EWeek.com.

Care to rephrase?

[Salo]

Iggle said RH didn't offer protection to end users - I was unsure, but I know Novell does. Glad to hear RH does, too. The SCO Scam has lost its effectiveness.

[Salo]

Iggle said RH didn't offer protection to end users - I was unsure, but I know Novell does. Glad to hear RH does, too. The SCO Scam has lost its effectiveness.

[Ernest_at_the_Beach]

News:

Patent infringement ruling against Microsoft reversed (Sent back to lower court )

[Golden Eagle]

Ravicher said Ballmer misinterpreted his study's findings. "He misconstrues the point of the OSRM study, which found that Linux potentially, not definitely, infringes 283 untested patents...

Oh that evil bald headed man! How could he! /sarcasm