Re: Software Patents. Was Re: FreeBSD vs Linux, Solaris, and NT

[Julian Stacey [EMAIL PROTECTED]]

Peter Mutsaers wrote:
> >> "Julian" == Julian Stacey Jhs@jhs muc de <[EMAIL PROTECTED]> writes:
> 
>     >> In Europe, software
>     >> patents do not exist and cannot be granted.
> 
>     Julian> Wrong ! Sadly ! That's the old simple theoretical world I
>     Julian> learnt about back in University in the late 70's, it
>     Julian> changed & got worse ... lawyers encroached, & the EPO
>     Julian> expanded like crazy !
> 
>     Julian> The key words "As Such" in regard to software patents
>     Julian> bring an ironic smile to the lips of patent examiners in
>     Julian> the field.
>     Julian>   ( & I'm being precise here, about the smile, I lunch often
>     Julian>   with examiners at http:/www.epo.org = European Patent
>     Julian>   Office, Nice food, nice people, shame about the patents !
>     Julian>   They're clever people & personal friends, & I do my small
>     Julian>   bit to persuade them to be careful of the effects of what
>     Julian>   they grant, but the patent system is really sick, change
>     Julian>   needs to come from top down, not bottom up).

> What I have learned is that the EPO has been granting software patents
> for several years now, so that they are in place when and if software
> patents shall be allowed in the EU (probably they have nothing better
> to do than grant patents in advance, that are not yet lawful?).
> 
> -- 
> Peter Mutsaers  |  Dübendorf    | UNIX - Live free or die
> [EMAIL PROTECTED]      |  Switzerland  | Sent via FreeBSD 4.2-stable

No, Sorry Peter you are Wrong ! Sadly ! 
The situation is worse, the patents granted are lawful already, unless/until
overthrown in court.  

If you can read German consider reading mail list [EMAIL PROTECTED]
subscribe info via multilingual web page http://swpat.ffii.org
If you prefer English, I'm sure there's other lists on the many web page refs
I previously posted.

I append FYI a statement I received (with permission to forward) from
author of i4b (isdn for *bsd): "Hellmuth Michaelis" <[EMAIL PROTECTED]>

] To: [EMAIL PROTECTED] (Julian Stacey)
] Date: Sat, 16 Dec 2000 13:40:32 +0100 (CET)
] From: [EMAIL PROTECTED] (Hellmuth Michaelis)
]
] The software you are probably referring to is the PPP Stac compression
] which is patented by Stac/HiFn. Although it is described with the exact
] details required to implement it, it seems to be impossible to actually
] code it (or better to release that code as source or binary) because of
] the patent rights Stac/HiFn holds.

It's my understanding one can publish, but not commercialy use without licence,
software overlapping the many patents already granted, so its a pretty severe
threat aimed at the heart of free software.

Read other cases in:
        http://swpat.ffii.org/vreji/pikta
        Horror Gallery of Software Patents /
        Gruselkabinett Europ\xe4ischer Softwarepatente

Julian
-
Julian Stacey     Unix Consultant - Munich Germany     http://bim.bsn.com/~jhs/
        Considering Linux ?     Try FreeBSD with its 4200 packages !
 Ihr Rauchen => mein allergischer Kopfschmerz !  Kau/Schnupftabak probieren !


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