[Sussex] Breaking Patent News

[Steve Dobson]

Angelo

On Tue, Jan 11, 2005 at 02:32:24PM -0000, Angelo Servini wrote:
> Looking Good, but will this be enough to prevent the parasites
> (patenters) from killing off innovation?  I mean, it is good to have
> free software - but as you will agree, commercial software is still
> needed, especially in vertical markets where it is not feasible for OSS
> to cover.  In these cases the IBM promise will not stand, and companies
> that depend entirely on revenue from their software are still liable to
> attack from the patenters.  That will directly affect us as developers,
> as we will lose our jobs, and the users will be forced to pay outrageous
> prices for their software from the priveleges few; if they can afford to
> buy it in the first place.  They in turn could also go out of business.
> This is far more serious than the effect on OSS only - it could spark
> the end of the current economic stability we now enjoy.

As it happens I do agree that "commercial software is still needed;"
there was no need to make it a command. :-)

I don't quite see you point here.  Nothing has changed for closed source
software - if you infringe an (IBM) patent then you need to pay up (in
the USA).  Here in Europe you don't have to pay as we don't have software
patents in the EU at present.  And if the current motion to restart the
Software Patents Process in the European Parliament[1] succeeds then it
will be some years before we (if ever) do.

A software patent is a government licensed monopoly on an idea, and stops
anyone from using the idea without paying for it.  IBM's pledge is that,
so long as you open source, you can use their patents at no cost.  That
doesn't stop stop you making money of the product - with service contracts
for example, or developing customer requested enhancements.

Copyright is a government licensed monopoly on a particular implementation 
of an idea.  J.K. Rowling didn't have the idea for a book, or a story.  Or,
for that matter, for a story about a schoolboy, or a wizard.  What she did
do it put all the different elements together in a new way.  Should the
fact the JKR is so successful at writing kids books should it stop everyone
else from writing books for kids (that can be enjoyed by adults)?

Likewise any commercial software in a given vertical market should not be
granted a license to exclude competition from a market it was first to
exploit.  Copyright law works well here.  Any newcomer has to first write
something to compete.  In that time the established company has time to
innovate and improve its product, thereby maintaining it's competitive edge.

Of course when there is little innovation left to do then that market 
will be driven by price.  Competition will drive the price down when there
is little to differentiate between products.  Given that software production
cost (making a CD or DVD) are almost zero (as opposed to the development
(including debugging); which is over) where is the justification for high
software prices?

Software patents are a government licensed monopoly that excludes competition.
Copyright is a government licensed monopoly that doesn't.  Just because 
JKR has written a book about a schoolboy wizard doesn't stop me writing a
book about a schoolboy, or a wizard.  The software patents not on IBM's
list of 500 do stop me from writing software in that domain, at least in 
the US.
 
> I think that the IBM move is at best a stopgap.  IMHO, We still need to
> canvas and motivate those around us to petition government officials to
> outlaw thise uncompetitive and unfair legislature.  I in fact am going
> to write to MP's about this. (Sorry BTW, I have not paid much attention
> to this until now)
> 
> Did the SLUG actually mention a few months ago that there was a standard
> letter floating about and can I use it?

The letter is still there[2].  I started it, and got no comments, or
corrections, back from my last version.  Because of the lack of response
(and because of life) I lost heart.

Steve

[1]
http://www.groklaw.net/article.php?story=20050110103552944
http://www.heise.de/english/newsticker/news/54947
http://news.zdnet.co.uk/software/0,39020381,39183538,00.htm

[2]
http://www.sussex.org.uk/software-patents-letter.pdf