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Re: [LUG] Open Source and EU patent law



I could be over reacting here, but I think that if this Patent issue gets through EU Parliment then potentially the OS movement and Linux could be screwed !

Scenario:

With such patents in place small developers and developer communities could be pipped at the post with patent applications. The very nature of OS relies on Open Collaboration this immediatley releases conceptual ideas out to the community and also Others (AKA Major Software Coorps). There are legal fee's associated with patent applications. How would a voluntary community fund this ?

Once the Patent is in place Major Corp can then give OS Developer community a right good kicking. As OS Dev's are recognised as individuals rather than a company body, then which individual would actually attempt to make a release of their software ? As this would expose them to instant prosecution.

Additonally this could allow Major Corps to financially destroy OS Companies such as SuSe and RH and god forbid Debian. Such Major Corps could sap the funds from these smaller companies via complex legal challange. Even if this didn't break them it would certainly remove any hope of funding further R&D and who would want to leap on board and get involved with them if they thought they may personally get sued.

I think we need to get organised and do something about this ? I propose a meeting ASAP to discuss this situation.

Thoughts Please

Rick

Paul Weaver wrote:

most software doesn't have the same sort of consequences when it fails.


Hmm... tell that to a space shuttle commander ?



I'd be more worried about air traffic control, or software controlling ambulance routing.


None of these things are off-the-shelf shrinkwrapped programs though, they are the product of pure, horrible, headache inducing, pain staking software engineering. Failure in these systems can not be tollerated, so they cost much more. They are completly different problems, sort of like building an aircraft carrier vs. mass producing a row boat.



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