Re: Getting rid of software patents = All software becomes free?

[rjack]

Andy Baxter wrote:
> On Sat, 08 Dec 2007 18:11:34 -0800, mike3 wrote:
>
> > Hi.
> >
> > I saw this:
> >
> > http://www.linux-gamers.net/modules/smartsection/makepdf.php?itemid=79
> >
> > Note:
> >
> > "It's not as if the various manufacturing companies don't have very
> > good reasons for keeping the code
> > and specifications closed. They all infringe on each other's patents,
> > however none of this can be
> > proved without the various plans. Releasing anything is a big risk,
> > not necessarily a certain one,
> > since they could countersue for whatever the opponent infringes, but a
> > possible problem
> > nevertheless."
> >
> > So if there were no software patents, there'd be no more to sue over,
> > and hence the "very good reasons" for (eternally!) hiding the source
> > code would evaporate like mist in the heat of the day. Poof, like
> > magic, they'd be gone! And suddenly there would be no problem with
> > releasing software as Free and we'd finally have FREEDOM on the PC!!!!
> >
> > Ain't it great? Get rid of software patenting!
> >
> > But alas the companies don't want that, they *want* patents on their
> > software...
>
> If you replace 'companies' with 'large companies' (who have the resources
> to lobby government, and the money to pay lawyers to enforce their
> patents), it makes more sense. Individually some of them might want to get
> out of it, but over the smaller companies and other interests (e.g.
> individuals) that patents affect, they have a collective interest in
> getting the government to support patent laws. So they do. It's called
> 'regulatory capture'- we studied it in a course I did on technology policy
> once.

For the Unix clone name aficionados. From the above referenced link:

"Firstly, I use “Linux”, not “GNU/Linux”. Firstly because I think saying 
“GNU/Linux” all the time sounds stupid. Secondly, as was pointed out on 
Slashdot, we don’t call something developed with Microsoft’s visual 
studio MS-###. I understand the people who made Linux possible by 
building GCC deserve credit and I accept that, but only to an extent."


Sincerely,
rjack

--- "Although the United States Copyright Act, 17 U.S.C. §§ 101-1332, 
grants exclusive jurisdiction for infringement claims to the federal 
courts, those courts construe copyrights as contracts and turn to the 
relevant state law to interpret them."; Automation by Design, Inc. v. 
Raybestos Products Co., 463 F3d 749, (Seventh Cir. 2006) ---