Re: Israeli DMCA looming?

2003-07-03 Thread Beni Cherniavsky
Stanislav Malyshev wrote on 2003-07-03:

> BC>> Well, I see no reason why the person reviewing the software
> BC>> patents shouldn't be an expert in programming (but not knowing
> BC>> every existing program, of course).  He should be required to be
> BC>> an expert, else how can we entrust him to grant patents in this
> BC>> field?
>
> OK. Then let's see - first of all, there is no such thing as "expert in
> programming" - no more than "expert in medicine" - there are
> specialisations. So either patent office should have a staff of an
> university and more, or it should retain the services of external experts.
> Which means patent application is going to cost _a real lot_ of money and
> take a real lot of time to complete. Which is not exactly what the patents
> are meant for. BTW, even with this scheme nobody really guarantees that
> expert will do thorough work (after all, what means of control over him
> does the office have?) or that he will not just be bribed by the patent
> submitter.
>
Fair points.  They apply to all kinds of patents, BTW.  Anyway
currently the US patent offices pass through some patents
(especially but not only in software) that are ridiculous even to
people with basic programming background.  See
http://lpf.ai.mit.edu/Patents/anatomy-trivial-patent.txt
for an example.

-- 
Beni Cherniavsky <[EMAIL PROTECTED]>

"Reading the documentation I felt like a kid in a toy shop."
 -- Phil Thompson on Python's standard library

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Re: Israeli DMCA looming?

2003-07-03 Thread Stanislav Malyshev
BC>> Well, I see no reason why the person reviewing the software
BC>> patents shouldn't be an expert in programming (but not knowing
BC>> every existing program, of course).  He should be required to be
BC>> an expert, else how can we entrust him to grant patents in this
BC>> field?

OK. Then let's see - first of all, there is no such thing as "expert in
programming" - no more than "expert in medicine" - there are
specialisations. So either patent office should have a staff of an
university and more, or it should retain the services of external experts.
Which means patent application is going to cost _a real lot_ of money and
take a real lot of time to complete. Which is not exactly what the patents
are meant for. BTW, even with this scheme nobody really guarantees that
expert will do thorough work (after all, what means of control over him
does the office have?) or that he will not just be bribed by the patent
submitter.

-- 
[EMAIL PROTECTED]   \/  There shall be counsels taken
Stanislav Malyshev  /\  Stronger than Morgul-spells
phone +972-50-624945/\  JRRT LotR.
whois:!SM8333


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Re: Israeli DMCA looming?

2003-07-03 Thread Beni Cherniavsky
Stanislav Malyshev wrote on 2003-07-03:

> EM>> Maybe conflicts between patents and technology advances were caused
> EM>> because of non-professional staff of the patent office?
>
> Asking that, let's ask what kind of "professionality" is required from
> them? Should they be an experts in software knowing to the least detail
> every part of every program existing, for example? What would be
> requirements to professional patent office worker? Note that patent office
> is not exclusively software - they should also work on other things too.
>
Well, I see no reason why the person reviewing the software patents
shouldn't be an expert in programming (but not knowing every existing
program, of course).  He should be required to be an expert, else how
can we entrust him to grant patents in this field?

> EM>> Maybe a better computerization will help the patent office
> EM>> reject patents that were "prior art"ed by open technologies?
>
> It is pretty hard to know this - for this, detailed analysis of the
> functions of patented and potentially prior-art (meaning, just
> almost every other in the field) applications required. I fear for a
> patent office which is not really overbudgeted it is not actually
> feasible.
>
Better computerization will most probably not solve the issue.  It
would help the staff, sure.  But the staff should be competent and
should have the correct guiding rules.  And these should either
exclude SW patents completely or be very demanding about them.  There
is no reason to expect better equipped staff whose task is to allow
trivial patents to filter - but there is no reason to under-equip them
instead of redefining their task.

-- 
Beni Cherniavsky <[EMAIL PROTECTED]>

"Reading the documentation I felt like a kid in a toy shop."
 -- Phil Thompson on Python's standard library

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Re: Israeli DMCA looming?

2003-07-03 Thread Stanislav Malyshev
EM>> Regarding the first one, I divide between patents that STOP
EM>> technological advances (like LZW) and patents that HELP
EM>> technological advances (like RSA). I don't agree that EVERYTHING

Hm. Only difference I see is that the owner of the RSA was less greedy
than owner of the LZW, but that difference does not lie in the field of
patents but of owners.

EM>> Maybe conflicts between patents and technology advances were caused
EM>> because of non-professional staff of the patent office?

Asking that, let's ask what kind of "professionality" is required from
them? Should they be an experts in software knowing to the least detail
every part of every program existing, for example? What would be
requirements to professional patent office worker? Note that patent office
is not exclusively software - they should also work on other things too.

EM>> Maybe a better computerization will help the patent office
EM>> reject patents that were "prior art"ed by open technologies?

It is pretty hard to know this - for this, detailed analysis of the
functions of patented and potentially prior-art (meaning, just almost
every other in the field) applications required. I fear for a patent
office which is not really overbudgeted it is not actually feasible.
-- 
[EMAIL PROTECTED]   \/  There shall be counsels taken
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Re: Israeli DMCA looming?

2003-07-03 Thread Eli Marmor
Gilad Ben-Yossef wrote:

> All of this assumes that a better efficient patent office is a good
> thing. I was trying to suggest tht IMHO, doe to how we see patent today
> - as "property", as opposed to the original intent of the patent system,
> making it more efficient is actually a bad thing.
> 
> I guess my point was missed.

It was, but this is not the issue.

There are two claims that are required to be proved:

1. That everything in patents is bad.
2. That efficiency always causes a patent office to be "worse" even
   further.

I don't agree with both claims.

Regarding the first one, I divide between patents that STOP
technological advances (like LZW) and patents that HELP technological
advances (like RSA). I don't agree that EVERYTHING with patenting is
bad.

But even if the first claim was right, then you still have to prove the
second claim. It's like the argument regarding the Palestinians,
whether money helps them to bring more order and stop the terror, or to
develop more advanced weapon.

Maybe conflicts between patents and technology advances were caused
because of non-professional staff of the patent office?
Maybe better staff will prevent such conflicts?
Maybe a better computerization will help the patent office reject
patents that were "prior art"ed by open technologies?

Many budgets are given in return to drops of activities or payments.
For example, the special American support for the Israeli Government
was given on condition that many expenses will be dropped, for example
the progressive support for children (Kizbaot-yeladim), so this money
not only that it didn't help the kizbaot-yeladim, it even hurt them;
Maybe in this case too, this budget will cause the patent office to be
"better" for us?

We can't oppose something automaticall, just because of the name behind
it. If you want to oppose this budget, you must check exactly where the
money goes to.

-- 
Eli Marmor
[EMAIL PROTECTED]
CTO, Founder
Netmask (El-Mar) Internet Technologies Ltd.
__
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Re: Israeli DMCA looming?

2003-07-03 Thread Gilad Ben-Yossef
Eli Marmor wrote:
Gilad Ben-Yossef wrote:

Eli Marmor wrote:


This doesn't have anything to do with HaMakor.

Currently, the Israeli patents office is very primitive, and not
professional. There is almost no computerization. The procedures take
MANY years to complete. Usually, instead of scanning or reviewing
patents, the staff prefer to adopt decisions of other offices regarding
the specific patent.
This is "bizayon", and makes a bad name for the state of Israel.

Fortunately, it is going to change. Finally.
It's a good improvement for everybody.
I'm sorry Eli, that I don't share your opptimism. The US patent office,
to takr a not so rendom example, has been very very active.
I don't think I like the results much and being the pessimist that I am
I'm having a hard time believing that the Israeli PO will do any better.


Gilad,

Either my English is bad (it is), or you didn't read my message.

The original poster wondered what was the meaning of a quotation that
he brought from the newspaper.
No matter what are the plans of the Israel patents office, the specific
quotation referred to a critical budget for computerization of the
patents office, and for hiring more professional staff. These steps
have been planned for about 10 years, and were postponed again and
again, because of the financial limitations of Israel.
All of this assumes that a better efficient patent office is a good 
thing. I was trying to suggest tht IMHO, doe to how we see patent today 
- as "property", as opposed to the original intent of the patent system, 
making it more efficient is actually a bad thing.

I guess my point was missed.

Gilad.

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Re: Israeli DMCA looming?

2003-07-03 Thread Eli Marmor
Gilad Ben-Yossef wrote:
> 
> Eli Marmor wrote:
> 
> >
> > This doesn't have anything to do with HaMakor.
> >
> > Currently, the Israeli patents office is very primitive, and not
> > professional. There is almost no computerization. The procedures take
> > MANY years to complete. Usually, instead of scanning or reviewing
> > patents, the staff prefer to adopt decisions of other offices regarding
> > the specific patent.
> >
> > This is "bizayon", and makes a bad name for the state of Israel.
> >
> > Fortunately, it is going to change. Finally.
> > It's a good improvement for everybody.
> 
> I'm sorry Eli, that I don't share your opptimism. The US patent office,
> to takr a not so rendom example, has been very very active.
> 
> I don't think I like the results much and being the pessimist that I am
> I'm having a hard time believing that the Israeli PO will do any better.

Gilad,

Either my English is bad (it is), or you didn't read my message.

The original poster wondered what was the meaning of a quotation that
he brought from the newspaper.

No matter what are the plans of the Israel patents office, the specific
quotation referred to a critical budget for computerization of the
patents office, and for hiring more professional staff. These steps
have been planned for about 10 years, and were postponed again and
again, because of the financial limitations of Israel.

Have I ever written anything about optimism, pessimism, the plans of
the patents office, etc.?

I just answered the original poster, regarding the specific quotation.
I didn't see the article in Globes, but I know the plan to give this
specific budget. And this specific budget really doesn't have anything
to do with HaMakor.

-- 
Eli Marmor
[EMAIL PROTECTED]
CTO, Founder
Netmask (El-Mar) Internet Technologies Ltd.
__
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Fax.:   +972-9-766-1314  P.O.B. 7004
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Re: Patents or copyright ? [was Re: Israeli DMCA looming?]

2003-07-03 Thread Beni Cherniavsky
Gilad Ben-Yossef wrote on 2003-07-03:

> 2. The second thing is that our time and resources are limited. We are
> ALL vulenteers. No one gets paid and that includes lawyer and
> accountant. We do this with pleasure, but we also have to work and live.
> Therefore the next thing is organise activities on your own. We will be
> glad to help you in things like finanace, getting recipiets, printing
> material, web storage etc. But you'll have to be the one to *organise*
> the activity.
>
I don't currently have the time to organize any such activity but more
importantly I don't have the expretise.  I don't even have the
slightest idea what kind of activity could help here.  One thing I can
think of that would be useful is putting information - at least links
- about the legal IP situtuation in Israel on Hamakor's website.
Carefully explained opnions of those issues would be even better than
raw information, of course.  But currently I feel there is not even
enough raw information availiable - unless one looks very hard.  Some
monthes ago I tried to learn what's the situation on software patents
in Israel, I searched the web for about a day I think and didn't find
much.  IANAL and it's problematic for me to even talk with somebody
about these issues when I can't ground my claims since I don't even
know the current laws and the threatening changes.  Paradoxically (or
not), I know much more about US laws than Israel's...

-- 
Beni Cherniavsky <[EMAIL PROTECTED]>

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Re: Patents or copyright ? [was Re: Israeli DMCA looming?]

2003-07-03 Thread Gilad Ben-Yossef
Beni Cherniavsky wrote:
Guy Baruch wrote:


Patents, on the other hand, can (and often do) directly affect SW,
and especially _new_ SW (as opposed with ripped copies of *.exe or
*.wav )
There is one more kind of IP crippling that affects software, even
more than patents: DMCA's anti-circumvention clauses.  I could
reluctantly live with the need to pay royalities for running certain
algorithms but I don't want to go to prison for even documenting them!
What are the chances of such things getting into Israel?
Unless people do something about it the chances are very high.

The WTO has inserted an obligation to introduce DMCA-like provisions to 
local state law into several international treates that governs the 
subject of copyright in international context (WEPA and related 
treaties). Israel is (or plans to be) a side to these treaties.

Moreover, as those who were present in the last annual ISOC-IL 
convention at the panel tprevious to the Open SOurce one heared, the top 
Israeli lawyers who deal with copyright issues push very hard for this 
legalization to happen. They see it as a good thing and generally do not 
understand or are aware of the issues involved.

The people of HaMakor have (including btw, in that ISOC-Il panel) 
participated in discussions about these issues and generally tried to 
raise awareness to the whole matter and other related issues (like 
digital signatures and the dangers of misusing them, e-voting issues etc.)

Quote frankly, this isn't enough. In fact, it's almost nothing. There 
are two reasons for this, and this is where the part of doing something 
gets in:

1. HaMakor curretnly counts something like 30 registered members and 
friends. That is a really low number. We have a very hard time 
convincing people that we represent anyone when only 30 people have 
bothered registering. So the first thing to do in join.

2. The second thing is that our time and resources are limited. We are 
ALL vulenteers. No one gets paid and that includes lawyer and 
accountant. We do this with pleasure, but we also have to work and live. 
Therefore the next thing is organise activities on your own. We will be 
glad to help you in things like finanace, getting recipiets, printing 
material, web storage etc. But you'll have to be the one to *organise* 
the activity.

I relaise that 1 and 2 are connected - people do not want to join a body 
that they don't yet precieve as done enough for them, but this is very 
much a chicken and egg problem.

So, the bottom line - put your money and time where your mouth is and 
MAYBE we'll be able to do something about it. Everyone we'll have a good 
oppertunity to register at August Penguin, if sending that 100 NIS was 
what stopping you.

And no, this isn't personally directed to the authors of this message.

thanks,
Gilad.
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Re: Israeli DMCA looming?

2003-07-03 Thread Gilad Ben-Yossef
Eli Marmor wrote:

This doesn't have anything to do with HaMakor.

Currently, the Israeli patents office is very primitive, and not
professional. There is almost no computerization. The procedures take
MANY years to complete. Usually, instead of scanning or reviewing
patents, the staff prefer to adopt decisions of other offices regarding
the specific patent.
This is "bizayon", and makes a bad name for the state of Israel.

Fortunately, it is going to change. Finally.
It's a good improvement for everybody.


I'm sorry Eli, that I don't share your opptimism. The US patent office, 
to takr a not so rendom example, has been very very active.

I don't think I like the results much and being the pessimist that I am 
I'm having a hard time believing that the Israeli PO will do any better.

Gilad



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Re: Patents or copyright ? [was Re: Israeli DMCA looming?]

2003-07-03 Thread Gilad Ben-Yossef
Guy Baruch wrote:
Actually, although there is a reference to IP in general, from all the 
types of IP
(patents, trademarks, copyrights, trade-secrets, are those I'm aware 
of), only
the first gets mentioned specificly.

AFAIK, Patents are largely irrelevant to music-copying (a copyright 
issue), or
to DMCA (again, mainly a copyright-aimed law)

Patents, on the other hand, can (and often do) directly affect SW, and 
especially
_new_ SW (as opposed with ripped copies of *.exe or *.wav )

So, any change w.r.t. patent-policy should interest HAMAKOR  greatly.

In fact, it should, IMHO, be very high on HAMAKOR's agenda.

It is high on our Agenda. Very high, in fact and we are trying to find 
out at the moment what was the remark refering to, excacly. However, 
we're only a bunch of vulenteers. If you want something to be done about 
it - why don't you come forward and organise what needs to be done and 
we will gladly provide any help and "offical" status to back up the effort?

BTW, I very much assume that the reason patents were mentioned was 
because the speakers has no idea what the difference between the various 
types of the so called Intelectual property are.

Gilad.

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Re: Patents or copyright ? [was Re: Israeli DMCA looming?]

2003-07-03 Thread Beni Cherniavsky
Guy Baruch wrote:

> Patents, on the other hand, can (and often do) directly affect SW,
> and especially _new_ SW (as opposed with ripped copies of *.exe or
> *.wav )
>
There is one more kind of IP crippling that affects software, even
more than patents: DMCA's anti-circumvention clauses.  I could
reluctantly live with the need to pay royalities for running certain
algorithms but I don't want to go to prison for even documenting them!
What are the chances of such things getting into Israel?

-- 
Beni Cherniavsky <[EMAIL PROTECTED]>

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Re: Patents or copyright ? [was Re: Israeli DMCA looming?]

2003-07-03 Thread Beni Cherniavsky
Geoffrey S. Mendelson wrote on 2003-07-03:

> One of the big problems is that Israel's newest copyright law makes it
> illegal to SELL copyrighted software that you don't have the rights
> to sell, e.g. "bootleg", but does not make it illegal to BUY it.
>
> While this protects the person who buys a bootleg copy in a box that looks
> like a legal copy, it also protects the person who buys a copy at the
> Tel Aviv bus station.
>
So what do you propose?  It's not always easy to know whether your
copy is bootleg when it does come in a box.  It doesn't sound fair to
blame the first person.  But how would you distinguish him from the
second person in a law?

> On the other hand, it still is illegal to buy one copy and propigate it
> throughout your network if it comes with a single user license. (or to
> use a five user license 20 times).
>
What do you want to say here?  Is good/bad?

> One of the nice things about Windows XP and Office XP, is the first time
> you use them they register with a server at Microsoft. When a single user
> key starts showing up multiple times, a real person gets notified.
>
Wouldn't it also complain when you replace your hard disk and install
and register it again?

While we are talking about licenses, what's the legal status of
shrink-wrap EULAs in Israel?  Are there legal restrictions on what
kinds of restrictions can EULAs contain?

-- 
Beni Cherniavsky <[EMAIL PROTECTED]>

"Reading the documentation I felt like a kid in a toy shop."
 -- Phil Thompson on Python's standard library

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Re: Patents or copyright ? [was Re: Israeli DMCA looming?]

2003-07-03 Thread Geoffrey S. Mendelson
Guy Baruch wrote:

> Patents, on the other hand, can (and often do) directly affect SW, and 
> especially
> _new_ SW (as opposed with ripped copies of *.exe or *.wav )

One of the big problems is that Israel's newest copyright law makes it
illegal to SELL copyrighted software that you don't have the rights
to sell, e.g. "bootleg", but does not make it illegal to BUY it.

While this protects the person who buys a bootleg copy in a box that looks
like a legal copy, it also protects the person who buys a copy at the
Tel Aviv bus station.

On the other hand, it still is illegal to buy one copy and propigate it
throughout your network if it comes with a single user license. (or to
use a five user license 20 times).

One of the nice things about Windows XP and Office XP, is the first time
you use them they register with a server at Microsoft. When a single user
key starts showing up multiple times, a real person gets notified.

Geoff.

-- 
Geoffrey S. Mendelson [EMAIL PROTECTED] 972-54-608-069
Do sysadmins count networked sheep?

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Re: Israeli DMCA looming?

2003-07-02 Thread Eli Marmor
Eran Tromer wrote:

> 
>   "Improvement in protection of patents. Completion and application
>during 2004. Improvement of Israel's status in regard to money
>laundering and protection of intellectual property."
> 
> Whatever it means, it should be followed very closely. Experience has
> shown that such laws are often kept from public scrutiny until it's too
> late. Please share any information you encounter on this matter.
> 
> Also, I'll take this opportunity to urge people to join Hamakor.
> Hamakor is probably best equipped to represent certain aspects of the
> public interest in this matter, and wide membership will strenghten
> their position.

This doesn't have anything to do with HaMakor.

Currently, the Israeli patents office is very primitive, and not
professional. There is almost no computerization. The procedures take
MANY years to complete. Usually, instead of scanning or reviewing
patents, the staff prefer to adopt decisions of other offices regarding
the specific patent.

This is "bizayon", and makes a bad name for the state of Israel.

Fortunately, it is going to change. Finally.
It's a good improvement for everybody.

-- 
Eli Marmor
[EMAIL PROTECTED]
CTO, Founder
Netmask (El-Mar) Internet Technologies Ltd.
__
Tel.:   +972-9-766-1020  8 Yad-Harutzim St.
Fax.:   +972-9-766-1314  P.O.B. 7004
Mobile: +972-50-23-7338  Kfar-Saba 44641, Israel

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Patents or copyright ? [was Re: Israeli DMCA looming?]

2003-07-02 Thread Guy Baruch
Actually, although there is a reference to IP in general, from all the 
types of IP
(patents, trademarks, copyrights, trade-secrets, are those I'm aware 
of), only
the first gets mentioned specificly.

AFAIK, Patents are largely irrelevant to music-copying (a copyright 
issue), or
to DMCA (again, mainly a copyright-aimed law)

Patents, on the other hand, can (and often do) directly affect SW, and 
especially
_new_ SW (as opposed with ripped copies of *.exe or *.wav )

So, any change w.r.t. patent-policy should interest HAMAKOR  greatly.

In fact, it should, IMHO, be very high on HAMAKOR's agenda.

Herouth Maoz wrote:

Quoting Eran Tromer <[EMAIL PROTECTED]>:

 

 "Improvement in protection of patents. Completion and application
  during 2004. Improvement of Israel's status in regard to money
  laundering and protection of intellectual property."
   

I'm pretty sure the intention of the above paragraph is to solve the problem of
music piracy which is very serious in Israel. I'm not talking about "file
sharers" but about all those counterfeit CD factories and counterfeit cds being
available in broad daylight in respectable shopping malls.
 

--
-- regards
+---
+ Guy Baruch , Plasma Laboratory, Weizmann Institue.
+ http://plasma-gate.weizmann.ac.il/~guybar
+---


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Re: Israeli DMCA looming?

2003-07-02 Thread Eran Tromer
On 2003/07/02 16:42, Herouth Maoz wrote:

> Quoting Eran Tromer <[EMAIL PROTECTED]>:
>>  "Improvement in protection of patents. Completion and application
>>   during 2004. Improvement of Israel's status in regard to money
>>   laundering and protection of intellectual property."

> I'm pretty sure the intention of the above paragraph is to solve the problem of
> music piracy which is very serious in Israel. I'm not talking about "file
> sharers" but about all those counterfeit CD factories and counterfeit cds being
> available in broad daylight in respectable shopping malls.

Yes, CD factory busting is relevant to neither Hamakor nor this list
(or is it? http://www.nzherald.co.nz/storydisplay.cfm?storyID=3510183).
But having observed certain patterns and interests, I am wary about
revisions to IP laws. I thus called for alertness, not action.

  Eran



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Re: Israeli DMCA looming?

2003-07-02 Thread Herouth Maoz
Quoting Eran Tromer <[EMAIL PROTECTED]>:

>   "Improvement in protection of patents. Completion and application
>during 2004. Improvement of Israel's status in regard to money
>laundering and protection of intellectual property."
> 
.. 
> Also, I'll take this opportunity to urge people to join Hamakor.
> Hamakor is probably best equipped to represent certain aspects of the
> public interest in this matter, and wide membership will strenghten
> their position.

I'm pretty sure the intention of the above paragraph is to solve the problem of
music piracy which is very serious in Israel. I'm not talking about "file
sharers" but about all those counterfeit CD factories and counterfeit cds being
available in broad daylight in respectable shopping malls.

I'm not sure Hamakor will even be considered as a side in this issue, even
though they may come up with a DMCA-style law that will affect both pirates,
people who play legal music off their iPods (heh), and people who try to build a
bloody driver for a new model of DVD player.

If you come to the relevant committee now as a representative of free software,
they'll just scrape their heads and not understand what you have to do with the
issue.

Herouth

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Israeli DMCA looming?

2003-07-02 Thread Eran Tromer
Hi,

On June 30th, Globes Ha'erev (page 4) lists "goals and deadlines" which
were set by the PM to the various government ministries. The following
is one of the goals set for the Ministry of Justice:

  "Improvement in protection of patents. Completion and application
   during 2004. Improvement of Israel's status in regard to money
   laundering and protection of intellectual property."

Whatever it means, it should be followed very closely. Experience has
shown that such laws are often kept from public scrutiny until it's too
late. Please share any information you encounter on this matter.

Also, I'll take this opportunity to urge people to join Hamakor.
Hamakor is probably best equipped to represent certain aspects of the
public interest in this matter, and wide membership will strenghten
their position.

Regards,
  Eran



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