Re: [Patents] pooling patents, version 2

[Simo Sorce <simo.sorce@xsec.it>]

On Fri, 2003-01-03 at 11:25, riel@nl.linux.org wrote:
> > 1. by accepting to play the game you admit you failed and you accept the
> > swpat idea.
> 
> You can't win if you don't play.  In Europe there is still a chance
> to save the economy from software patents, but in the USA and Japan
> there really is no other choice but to play.  The global market
> means that even European companies will have to play, because some
> of their (potential) clients are in the USA and/or Japan.

Not all the games are worth to be played, I know there is a problem in
USA, but I do not think it is a problem for free software companies. You
simply keep publishing your software in Europe and let Usa and Japanese
come and get it from Europe.

> Btw, note that "playing the game" doesn't necessarily mean agreeing
> with the other players. Just look at the position of the GPL in the
> copyright game.

The copyright (but I prefer the authorship right philosophy), is not bad
as sw patents. It has been distorted making it's monopoly terms too
long. The swpat game is an entirely different one, and not worth playing
with imho.
SW Patents have a too broad scope as anyone here know, it is a game were
you will lose unless you have a real big money company.

> > 2. as the current proposal, you fail the most important thing: defend
> > free software as I will explain:
> 
> I'm still waiting for your proposal on how to do things better.
> 
> Your criticism would have been helpful if I had a solution for
> the points you've come up with, but as it is now I don't have
> a solution yet.  Even random braindumps that point in the general
> direction of a solution are welcome, since they might inspire
> somebody into finding a solution.

Of course my real solution is that someone should start fighting
swpatents in USA and Japan.

However if you really think you have to play the game, I think that
an easier and more effective solution could be to add an anti-patent
clause in free software licenses, not just the one present in GPL but
probably a more offensive one like I've seen in some proposed licenses.
A clause that will forbid you to use free software that has the clause
if you sue anyone for a patent on a free software product.

Simo.

-- 
Simo Sorce - simo.sorce@xsec.it
Xsec s.r.l.
via Durando 10 Ed. G - 20158 - Milano
tel. +39 02 2399 7130 - fax: +39 02 700 442 399

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