Re: Gregnews on Lehmann, Kretschmer, China Daily

You should look at the preparatory documents around the french 
legislative work on this topic, in the 70's (1979 maybe).

Bernard Lang a écrit :
> Repeat of request
> 
> I am searching for references to papers that dispute the use of
> copyright for appropriating programs.
> 
> I am especially looking for arguments of the type : software is not
> art, or original writing.  ... and I am more interested in officially
> published documents, rather than blogs.
> 
> 
> Bernard
> 
> 
> * Bernard Lang <[email protected]>, le 16-09-05, a écrit:
> 
>>I did not find Lehman's article very good, not that I expected
>>anything from him.  He just plays on arguments for the naive readers,
>>which is of course the best way to achieve his aims in this kind of
>>medium.
>>
>>http://www.careerjournal.com/columnists/managersjournal/20050831-managersjournal.html
>>
>>Mechanical as ever, the Gregbot rants about copyright.  I am
>>interested in having more references to arguments against copyright.
>>If anyone can provide these ... I would appreciate.
>>
>>---
>>
>>The Chinese article is unaldurated FUD.
> 
>                          unadulterated       ... hard to type right
> 
> 
>>It would be nice to fully understand what is behind.
>>
>>
>>Bernard
>>
>>* PILCH Hartmut <[email protected]>, le 16-09-05, a écrit:
>>
>>>GregNews reports and rants around the theme of defending the
>>>"science and logics" software patents against the "illogicality"
>>>of copyright.
>>>
>>> DELL SUED FOR SOFTWARE COPYRIGHT INFRINGEMENT
>>>
>>> A good example of the shoddy thinking and abuse of science and law in the
>>> copyright world is a new copyright lawsuit.  [...]
>>>
>>> Here's the silliness.  One news account writes:
>>>
>>>        "[MCS] claims the Dell version mimics Advizia's appearance,
>>>        and functionality, and uses its copyrighted algorithms and
>>>        other intellectual property, without showing the Advizia
>>>        logo."
>>>
>>> [...]   
>>>
>>>Then, as you might expect, Greg can't resist jeering that Advizia should
>>>have known that copyright isn't up to the task of protecting appearance
>>>and functionality and algorithms. 
>>>
>>> BRUCE LEHMAN'S GOOD, BUT HYPOCRITICAL WSJ DEFENSE OF SOFTWARE PATENTS
>>>
>>> Former PTO Commissioner, now IP-pork chasing consultant, Brucey Lehman has
>>> an opinion piece, "Don't Fear Software Patents", in the August 30 edition
>>> of the Wall Street Journal, page B2, defending software patents.  Usually
>>> it's hard for me to agree with him on anything, given his contempt for
>>> quality when it comes to IP policies and practices, but this time his
>>> defense of software patents is pretty good. [...]
>>>
>>> [...]
>>>
>>> What puzzles Brucey is what is driving all of the emotions in the European
>>> debate.  Between the lines I see him asking "Why doesn't my nice argument
>>> convince everyone in Europe?". But he can't answer that question because
>>> what drives the European debate is a nonsense - nonsense that Brucey and
>>> his colleagues blindly and illogical defend - the nonsense of software
>>> copyright.  
>>>
>>> [...]
>>>
>>>Then comes the usual rant which attributes all kinds of "illogical" positions
>>>to the opponents of software patents and claims that the proponents could
>>>easily win if only they could clearly disavow software copyright like Greg
>>>and thereby gain a consistent basis for their arguments.
>>> 
>>> CHINA RESEARCHERS CRITICIZE OPEN SOURCE ECONOMICS
>>>
>>> The article, "Open Opposition" is available at:
>>>    http://www.chinadaily.com.cn/english/doc/2005-08/29/content_472979.htm
>>>
>>> Some quotes:
>>>
>>>    "Indifference to knowledge-based products is the major obstacle to
>>>    China's software industry as well as the major source of rampant
>>>    piracy."  The business model is Linux is flawed, the [China Software
>>>    Industry Association] said in a report last week. ... The model has
>>>    thwarted the profitability of open-source software.
>>>
>>>    Sun Yufang, a Chinese scholar who has long been researching Linux
>>>    software, says most Linux developers cannot make a living under
>>>    the current business model.  Most of these developers "either have
>>>    died or have focused on other businesses in past years", Sun says.
>>>
>>>This again is suggested to GregNews readers as an argumentative weapon
>>>in their war against the "opensource movement" and against the copyright-based
>>>software IP system which it supposedly represents.
>>>
>>> PAPER: USELESSNESS OF COPYRIGHT FOR PROMOTING PROGRESS
>>>
>>> Martin Kretschmer, an IP scholar in Europe, has a paper in the December
>>> 2004 First Monday arguing that copyright neither appears to support the
>>> creative basis of society, nor does it make cultural materials available
>>> in legal form that legitimises creative digital re-use.  The paper is at:
>>>
>>> http://www.firstmonday.org/issues/issue10_1/kretschmer
>>>
>>>It should be noted that Kretschmer has also clearly voiced opposition to
>>>software patents by signing our Call for Action II.
>>>
>>>Many aspects of today's use of copyright are indeed outrageous, especially
>>>when thinking of "cultural materials" and their "creative digial re-use".
>>>Films and musical works are being effectively locked out of the public
>>>sphere by copyright holders, who aren't even pursuing the in interests of
>>>the authors themselves.
>>>
>>>This question is quite unrelated to the central question on which the
>>>swpat vs copyright debate raged: that of the scope of claimed property.
>>>
>>>See also
>>>
>>>	http://wiki.ffii.org/IndpropEn
>>>
>>>on discussions about the directions of future reform toward an integrated
>>>system of "intellectual & industrial property".
>>>
>>>--
>>>Hartmut Pilch, FFII.org, Munich Office +498918979927, Brussels +3227396262
>>>Protect Innovation, not Monopolies       http://www.economic-majority.com/
>>
>>-- 
>>             Le brevet logiciel menace votre entreprise
>>               Software patents threaten your company
>>    Soutenez la Majorité Économique - Support the Economic Majority
>>                  http://www.economic-majority.com/
>>
>>[email protected]             ,_  /\o    \o/    Tel  +33 1 3963 5644
>>http://pauillac.inria.fr/~lang/  ^^^^^^^^^^^^^^^^^  Fax  +33 1 3963 5469
>>            INRIA / B.P. 105 / 78153 Le Chesnay CEDEX / France
>>         Je n'exprime que mon opinion - I express only my opinion
>>
> 
>