Re: [Patents] Gregnews on Lehmann, Kretschmer, China Daily

[Bernard Lang <Bernard.Lang@inria.fr>]

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 <Bernard.Lang@inria.fr>, 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 <phm@a2e.de>, 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/
> 
> Bernard.Lang@inria.fr             ,_  /\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
> 

-- 
             Le brevet logiciel menace votre entreprise
               Software patents threaten your company
    Soutenez la Majorité Économique - Support the Economic Majority
                  http://www.economic-majority.com/

Bernard.Lang@inria.fr             ,_  /\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