From jgb@gsyc.escet.urjc.es Thu, 13 Jul 2000 01:20:57 +0200 (CEST)
Date: Thu, 13 Jul 2000 01:20:57 +0200 (CEST)
From: Jesus M. Gonzalez-Barahona jgb@gsyc.escet.urjc.es
Subject: [Patents] [Freesw] gouvernement 'buy up' patents or copyright
 (fwd)

Kristoff Bonne writes:
 > On Mon, 10 Jul 2000, Xuan Baldauf wrote:
 > >> So, we could simply impose the rule that all fully-neutral libre-software
 > >> are free to use any software-patents without having to pay for it.
 > >> (I use 'fully-neutral' to exclude the projects -like mozilla or KDE- that
 > >> give special privilige to certain companies to use this 'open' code in
 > >> their 'closed' programs).
 > 
 > > The definition of "use" may vary. If I'm Netscape and use the Mozilla source
 > > code for my own product, I use it. If I'm an Internet Surfer and use Mozilla,
 > > I use it too. You may say that the difference might be that for the latter, I
 > > do not gain any money by using Mozilla. But if I'm using it in my own Internet
 > > Cafe, I do. So I'd like to say that every software
 > 
 > I set up this rule, to make sure that open-source projects would not get
 > used to 'bypass' patents by competing companies.
 > Take the following situation:
 > - Compamy A owns a software-patent.
 > - Company B want to use it, but does not want to pay for it.
 > So, it sets up a open-source project that uses the patent (but does not
 > have to pay for it).
 > But, as 'initator' of the project, company 'B' gives itself the right to
 > use the open-source software in its own closed programs.
 > 
 > I don't think we want this.

      I don't think this is a problem if the patents are 'bypassed' only
if they are used in libre software programs, as long as the program
is libre (with independence of the actual license being used). If
a company uses pieces of the libre software program in its proprietary
product (of course, when the license allows for it), that's not an
usage in a libre software program, and therefore would not be covered
by this 'bypass'.

      This said, I wonder whether it is easier to fight software
patents in general, or only software patents in the case of libre
software. In my case, I'm only interested in the libre software case,
but perhaps it is easier to explain why software patents are harmful
in general...

      Saludos,

              Jesus.

-- 
Jesus M. Gonzalez Barahona                | Grupo de Sistemas y Comunicaciones
jgb@gsyc.escet.urjc.es / jgb@computer.org | ESCET, Universidad Rey Juan Carlos 
tel: +34 91 664 74 72                     | c/ Tulipan s/n
fax: +34 91 664 74 90                     | 28933 Mostoles, Spain




