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Re: comments: Re: [LUG] Open Source and Patents First Draft



Thanks Great Input

All the best Rick

Adrian Midgley wrote:

On Saturday 05 July 2003 19:40, you wrote:



However during
all of my reading I have not seen anything that relates to the
OSS community.



That surprises me.





Purpose of this document

This document sets out to investigate the implications of
amendments to EU Patent Law on the continued development of
Computer Software in the Open Source Community. Further to
this it seeks to review how a Patent Law amendment can balance
the requirements of EU Industry in protecting its rights to
ownership of Software it develops. Consideration is given to
the present ability of copyright law, and as to how changes to
Patent Law can marry together the needs of both the Open
Source community and that of corporate industry.



And EU/EC and national policy, no?


Yep put that in

And possibly the public sector as distinct from corporate industry (whose needs or wishes may include selling the same thing every three years to teh public secotr <g>)

Unsure how this fits in.





Companies such as IBM and Microsoft to name but a few

----------------------------------------------------------^^^^^^
^^^^^^^
style: leave out name but a few


OK Succint. Done




have
deployed much resource into the development of software
systems that facilitate both the independent user and
corporate users alike. Developing new concepts and also


^^^^^^^^^^^^^^^^comma^^^^^


building upon previous developments.

My grammar is pants so Once draft is amended as per suggestions I will pass it onto some one with much more writting skill to sort out the details. Thanks anyway.








of a niche in the market. This niche maybe an area of new


^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^may be ^^^^


development or based upon improving upon some area that other
businesses in the field have not capitalised upon.


^^^^^^ exploited, seized entered grasped serviced rather than capitalised (my preference rather than any rule)

Mmm Usure this doc must not ever appear to attack!


This


identifies the factor that whilst there are many similarities
in businesses, each individual business has unique properties
and thus has unique requirements for its software systems. It
is these unique requirements that have actively produced a
development platform for software development.




^^^^^^ this ha been a long argument to get to here, and we are only just about to get to the meat.


Skills Set as above





Open Source Software development.

The Open Source community has developed huge quantities of
Computer Software. Often emulating corporate computer software


^^^^^^^^^^^^^^^^^^^ comma ^^^



by developing similarly featured software using alternative
programming and development techniques. One such technology


^^^^^ technologies plural I think


that owes its very presence to the Open Source community is
the Internet. The internet has become an everyday part of our
lives and is now an important aspect of all businesses across
the glode.



^^ tyou mean to assert that the Internet comes about from, runs becuase of, and would not present us with its benefits were it not for, the Open Source method of development and management of intellectual property and copyright


Not everyone would spot that unless it is actually said.

Post as appendage to doc so that Final Writer can make this flow.




Open Source software offers the following features
to business.

* Software is provided with all the source code, enabling
modification where required
* Freedom to distribute and use the software however it
sees fit without license or restriction





It is of vital importance that the Open Source community be
protected in its pursuit of software development. The OSS
community is a body of volunteers, some are professional
software developers



Some are drafted by their companies, and this is in this argument a positive feature


Well put edited accordingly

.



and some are gifted amateurs who wish to
put their talents to good use. In more recent times coporate
enterprise and business has also joined the ranks of the OSS
community enhancing features and developing bespoke solutions
to suit their requirements and then releasing this work back
to the community for others to use and benefit from.
As a result of its voluntary nature the OSS community has
little funding. This prevents the OSS commuity from marketing
itself resulting in a low profile within the industry and a
quieter voice in public discussion.



^^^ it is a grassroots movement and activity


Unclear as to your meaning here.






Problems presented by Patents to Open Source Software





Patenting software presents the following issues for Open
Source software development.

* Functions of software are patented, this would stop Open
Source software from providing these functions



I'm not sure it does. It may prevent (unreasonably I'd say) a company using and distributing a FLOSS soluttion to something.
The worst thing seems to be the chilling effect of patents which are quite likely not to stand up but where individual OSS developers have little prospect of either searching exhaustively or proeprly defending their actions against a large company and patent lawyers. If judgement is not practically available, then justice will not be done.


Another area of trouble is in integration. Patented algorithms may become hostages, not actually doing anything themselves, and not beneifiting society as the intention of patents is, but impeding the characteristic activity in software engineering of integration of varied compoenents to support some specific activity.
THis points back to a medieval trade guild, and their conspiracy against the public.


University and comp sci teaching as well ...

The above concept has been included in Apendix A Further pitfalls







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