[Patents] Greg's inflammatory speeches before the EPO congregation

[phm@a2e.de (PILCH Hartmut)]

see for yourself:

---------- Forwarded message ----------
Date: Wed, 21 Nov 2001 17:39:39 -0500 (EST)
From: Gregory Aharonian <srctran@world.std.com>
To: EPO@mlist.austria.eu.net
Subject: Open-source approach fades in tough times


     The recently released German report saying that Europe shuold
be discouraging software patents so it won't retard the open source
movement was written under the influence of one too many Munich beer
mugs.

The problem is that no one has shown that open source is a viable or
realistic economic model.  Much of open source's "success" was due to
the false economics of the Internet bubble.

Indeed, a recent CNET article reports on open source companies
going proprietary to stay in business, let alone be profitable.  The
article can be seen at:
        http://news.cnet.com/news/0-1003-202-7926093.html.

     They quote at one point a German company (who apparently was not
interviewed for the German study):
        "Where is our business model if everyone else can copy it?"
=09asked Holger Dyroff, former CEO and now director of sales
=09for Linux software seller SuSE.  "The question is where we ca
=09can make money now.  Nobody cared about profitability two
=09years ago.

=CBxactly.  Why should some small company develop some open sore
software, only to see the consulting and support contract go to big
service companies who can better serve corporate needs to make use
of this software acquired for free.

Now that the false economics of open sore is rearing its head, such
companies will revert to traditional IP techniques: licenses,
copyrights and patents.  And given the general impotence of software
copyright for source code, I suspect such compnies will be relying
more on ...... software patents.

So I question on what basis and research did the German study
base its conclusions that software patenting in EUrope should be
discouraged or not broadened, in favor of open source software??
Especially, in light of open source companies, interested in jobs
and profits (which I assume is also of interest to the EC), are
now starting to revert their IP practices to traditional patents
and copyrights (with licenses).

52.2.C makes no scientific, logical and in light of the above,
economics sense.  It must be dropped.  Then again, is the EC
wants to encourage SMEs in EUrope to develop software that bigger
US service comapnies can make most of the profits out of, I suppose as
an American I should be applauding this fight against software
patents.

Greg AHaronian
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