Re: "Bill Gates and other communists" article by RMS
rajeev joseph sebastian <rajeev_jsv-/[email protected]> Wed, 16 Feb 2005 09:23:54 -0800 (PST)
| Newsgroups | gmane.org.user-groups.fsug-cusat |
|---|---|
| Message-ID | <[email protected]> |
Hi, I require authoritative information on Patent and Copyright Law, particularly concerning its impact on GNU/Linux and Free Software. I am looking for authoritative, and legal information and commentaries on the current state of law. Could any of you recommend some ? I do NOT want evangelism material on GNU/Linux itself, rather I would like papers and treatises that cover the impact of Patents on future development within the GNU/Linux community. The article posted by Anivar is very good, and an *almost* perfect example of what I need - what would be more perfect, is dense legal information, than articles targetting the layman. Thanks Rajeev J Sebastian --- Anivar Aravind <[email protected]> wrote: > From Slash dot: > soloport writes "C|Net has published an article, > written by RMS, in > which Stallman points out that Gates is merely > calling the kettle > communist. Toward the end of the article, Stallman > strengthens his > point by feeding Bill his own words. Back in 1991, > Bill said, in an > internal memo: 'If people had understood how patents > would be granted > when most of today's ideas were invented and had > taken out patents, > the industry would be at a complete standstill > today...A future > start-up with no patents of its own will be forced > to pay whatever > price the giants choose to impose.' Now, if only > Bill were as > clear-minded on the subjects of Innovation and > Interoperability." >=20 > This is a Followup of CNET interview with Bill > Gates > http://news.com.com/Gates+taking+a+seat+in+your+den/2008-1041_3-5514121.h= tml?tag=3Dnl >=20 > Bill Gates and other communists > =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D > February 15, 2005, 3:55 AM PT > By Richard Stallman >=20 > http://tinyurl.com/5ouyy >=20 > When CNET News.com asked Bill Gates about software > patents, he shifted > the subject to "intellectual property," blurring the > issue with > various other laws. >=20 > Then he said anyone who won't give blanket support > to all these laws > is a communist. Since I'm not a communist but I have > criticized > software patents, I got to thinking this might be > aimed at me. >=20 > When someone uses the term "intellectual property," > typically he's > either confused himself, or trying to confuse you. > The term is used to > lump together copyright law, patent law and various > other laws, whose > requirements and effects are entirely different. Why > is Mr. Gates > lumping these issues together? Let's study the > differences he has > chosen to obscure. >=20 > Software developers are not up in arms against > copyright law, because > the developer of a program holds the copyright on > the program; as long > as the programmers wrote the code themselves, no one > else has a > copyright on their code. There is no danger that > strangers could have > a valid case of copyright infringement against them. >=20 > Thanks to Mr. Gates, we now know that an open > Internet with protocols > anyone can implement is communism. > Patents are a different story. Software patents > don't cover programs > or code; they cover ideas (methods, techniques, > features, algorithms, > etc.). Developing a large program entails combining > thousands of > ideas, and even if a few of them are new, the rest > needs must have > come from other software the developer has seen. If > each of these > ideas could be patented by someone, every large > program would likely > infringe hundreds of patents. Developing a large > program means laying > oneself open to hundreds of potential lawsuits. > Software patents are > menaces to software developers, and to the users, > who can also be > sued. >=20 > A few fortunate software developers avoid most of > the danger. These > are the megacorporations, which typically have > thousands of patents > each, and cross-license with each other. This gives > them an advantage > over smaller rivals not in a position to do > likewise. That's why it is > generally the megacorporations that lobby for > software patents. >=20 > Today's Microsoft is a megacorporation with > thousands of patents. > Microsoft said in court that the main competition > for MS Windows is > "Linux," meaning the free software GNU/Linux > operating system. Leaked > internal documents say that Microsoft aims to use > software patents to > stop the development of GNU/Linux. >=20 > When Mr. Gates started hyping his solution to the > problem of spam, I > suspected this was a plan to use patents to grab > control of the Net. > Sure enough, in 2004 Microsoft asked the IETF > (Internet Engineering > Task Force) to approve a mail protocol that > Microsoft was trying to > patent. The license policy for the protocol was > designed to forbid > free software entirely. No program supporting this > mail protocol could > be released as free software--not under the GNU GPL > (General Public > License), or the MPL (Mozilla Public License), or > the Apache license, > or either of the BSD licenses, or any other. >=20 > The IETF rejected Microsoft's protocol, but > Microsoft said it would > try to convince major ISPs to use it anyway. Thanks > to Mr. Gates, we > now know that an open Internet with protocols anyone > can implement is > communism; it was set up by that famous communist > agent, the U.S. > Department of Defense. >=20 > -- > Anivar Aravind > ---------------------------------------- > | Free Software Users Group - CUSAT | > | http://fsug-cusat.port5.com/ | > ---------------------------------------- >=20 =09 __________________________________=20 Do you Yahoo!?=20 Meet the all-new My Yahoo! - Try it today!=20 http://my.yahoo.com=20 =20 ---------------------------------------- | Free Software Users Group - CUSAT | | http://fsug-cusat.port5.com/ | ----------------------------------------