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Re: [LUG] Open Source and EU patent law



I will certainly be there. I think we need to get as many of us who have an understanding of the Issues surrounding these changes in the patent Laws to discuss what the implications of this are for open source. from there we can begin to gather together the thoughts and ideas from other LUG's. With this data and a clearer understanding, we then need to know who the MEP's are who will have influence in the matter. Then we can write to them and try to open some kind of dialogue.

Additonally once we have established what we think the implications are we should should get the view of a Patent Lawyer to check that our thoughts are well founded. I would be able to fund such advice.

The time on this is short as the Vote will be in september

Thanks Rick

Paul Sutton wrote:

Good point I can only write to MPS if I actually understand what to write
about, if you can make it to paignton then thats at least one topic we can
discuss.

I will find out over the weekend as the cricket / rugby club is open then,
or at least by tuesday when I know it is definatly open,

paul
----- Original Message -----
From: "Rick Timmis" <rick@xxxxxxxx>
To: <list@xxxxxxxxxxxx>
Sent: Thursday, July 03, 2003 11:35 PM
Subject: Re: [LUG] Open Source and EU patent law




Damn I wish I could have wrote that!

This is why I believe we must meet to discuss this. Please anywhere will
do lets make a start!!!

Thanks Rick

Keith Abraham wrote:



I don't think Rick is over reacting.

The only thing which keeps business under control
in a free market economy is the law. (There are no
ethics in business especially for the big corporations.)
And any relaxation in any law which controls business
correspondingly diminishes the power of us all.

Remember we tolerate a free market economy
because we believe it is the most efficient means
of providing us with the goods and services we require
and not because the free market is an end in itself.
Freedom is NOT a free market. (The US has always
had  great difficulty in understanding this although
the rest of the world understands it only too well.)

If the EU relaxes the patent laws the big muscled
corporations will have more room to exercise their
power over smaller fry and in the face of giants like
Microsoft, Open Source dosen't stand a chance in
hell of existing as anything other than a "lunatic fringe".

Once again corporate needs will have triumphed
over the individual's right of choice.
The saddest thing of all is that this will happen without
the large majority of us even knowing it has happened.

If I am denied the right to choose to use OS software
then I like Tom Brough will gladly be called a communist.

Keith

On Tuesday 01 July 2003 9:30 pm, Rick Timmis wrote:




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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