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Open Source in danger

 
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Clément Doss
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PostPosted: Fri Aug 29, 2003 6:33 pm    Post subject: Open Source in danger Reply with quote




Can't believe this ...

http://www.linuxlookup.com/modules.php?op=modload&name=News&file=article&sid=1262&mode=thread&order=0&thold=0


Clément


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Shadavar
Guest





PostPosted: Fri Aug 29, 2003 10:18 pm    Post subject: Re: Open Source in danger Reply with quote



man that sucks ... i've learnt a lot because of the open source market



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Alessandro Federici
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PostPosted: Sat Aug 30, 2003 3:50 am    Post subject: Re: Open Source in danger Reply with quote



"Clément Doss" <cdoss (AT) nospam (DOT) dhs.com.br> wrote


Quote:
Can't believe this ...

Saw that on http://www.go-mono.com which has only been redirecting to that
other site for a few days...



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Rene Tschaggelar
Guest





PostPosted: Sat Aug 30, 2003 3:34 pm    Post subject: Re: Open Source in danger Reply with quote

Clément Doss wrote:
Quote:

Can't believe this ...

http://www.linuxlookup.com/modules.php?op=modload&name=
News&file=article&sid=1262&mode=thread&order=0&thold=0


I doubt it.
Since you can challenge a patent when the main content is
trivial and obvious, I tend to think the challenges of
patents will increase.

Rene


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Wayne Niddery [TeamB]
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PostPosted: Sat Aug 30, 2003 3:37 pm    Post subject: Re: Open Source in danger Reply with quote

Rene Tschaggelar wrote:
Quote:
Since you can challenge a patent when the main content is
trivial and obvious, I tend to think the challenges of
patents will increase.

Once a patent is granted it is extremely difficult and rare for it to ever
be repealed. So it will take much greater resources by many to constantly
watch for pending patents and produce the materials needed to attempt to
prevent them from being granted.

Where the patent system has gone off the rails is that they are supposed to
be granted to *specific methods of implementating ideas*, not the ideas
themselves. I believe there are legitimate software patents, but most
existing ones are totally invalid.

For example, "one-click payment" is an idea, not an implementation of it,
and so should not be subject to patent protection - anyone should legally be
able to offer one-click payment, all Amazon should be entitled to is their
particular way of implementing it, and even then it must be non-obvious and
original.

The LZW algorithm is a legitimate patent because it doesn't stop anyone from
creating any number of other *implementations* of compression, it is a
*specific* implementation of compression. (The way Unisys *handled* this
affair is another story).

--
Wayne Niddery - Logic Fundamentals, Inc. (www.logicfundamentals.com)
RADBooks: http://www.logicfundamentals.com/RADBooks.html
"It is error alone which needs the support of government. Truth can
stand by itself." - Thomas Jefferson




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Ingvar Nilsen
Guest





PostPosted: Sat Aug 30, 2003 3:56 pm    Post subject: Re: Open Source in danger Reply with quote

Wayne Niddery [TeamB] wrote:

Quote:
For example, "one-click payment" is an idea, not an implementation
of it, and so should not be subject to patent protection - anyone
should legally be able to offer one-click payment, all Amazon
should be entitled to is their particular way of implementing it,
and even then it must be non-obvious and original.


Agreed, but is this reality?

My previous employer spent $$ on getting a US patent on something my
co-founder and I invented, so we have a patent now, in our names.
But we didn't submit any source code, it is the implementation that was
patented. Have no idea whether it holds water, but we spent an enormous
amount of money on that bureau in Austin, TX .

Our American advisor said that in USA it is important to have patents,
just patents for the sake of it, to have ammo in case of a trial.

Ok, apart from all this, I believe you cannot patent something that has
been published. The ZLIB compression algorithm was published just to
avoid patents, AFAIK.

And I really hope this horror scenario will not happen. Sounds like a
breath from the middle age with guilds and the like.


--
Ingvar Nilsen



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JQP
Guest





PostPosted: Sat Aug 30, 2003 4:36 pm    Post subject: Re: Open Source in danger Reply with quote

"Ingvar Nilsen" <telcontr@[Remove-This-Part]online.no> wrote

Quote:
Our American advisor said that in USA it is important to have patents,
just patents for the sake of it, to have ammo in case of a trial.

Another name for a patent is "basis for legal action".

The vast majority of patents are never enforced or tested in court. If
they were, many would be declared invalid. All of this is totally
irrelevant to the patent holder. In many cases, what the patent holder is
really after is a way to tie the competition up in court, force them to
spend money on legal fees and divert as much of their time and effort as
possible away from the marketplace.



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Rosimildo da Silva
Guest





PostPosted: Sat Aug 30, 2003 4:46 pm    Post subject: Re: Open Source in danger Reply with quote

JQP wrote:
Quote:
"Ingvar Nilsen" <telcontr@[Remove-This-Part]online.no> wrote in message
news:3f50c93f$1 (AT) newsgroups (DOT) borland.com...

Our American advisor said that in USA it is important to have patents,
just patents for the sake of it, to have ammo in case of a trial.


Another name for a patent is "basis for legal action".

The vast majority of patents are never enforced or tested in court. If
they were, many would be declared invalid. All of this is totally
irrelevant to the patent holder. In many cases, what the patent holder is
really after is a way to tie the competition up in court, force them to
spend money on legal fees and divert as much of their time and effort as
possible away from the marketplace.

In another words, the *small little guy* with little pockets or no
pocket, never stands a chance. <g>

Rosimildo.





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JQP
Guest





PostPosted: Sat Aug 30, 2003 5:06 pm    Post subject: Re: Open Source in danger Reply with quote

"Rosimildo da Silva" <rosimildo (AT) yahoo (DOT) com> wrote

Quote:
In another words, the *small little guy* with little pockets or no
pocket, never stands a chance.

I wouldn't say the *small little guy* has no chance but the odds are against
him if he decides to butt heads with the *big guy*. Always have been,
always will be.



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