Blunderov
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"We think in generalities, we live in details"
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RE: virus: Nuclear War over Software Patents?
« on: 2006-07-05 14:27:14 » |
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[Blunderov] Taking advantage of the wonders of mashing up, I would like to introduce the above titled article with one of the reader responses to its publication. (Some Marxist principles, in particular the ideal of the collective, and this especially in the context of the intellectual space, are still very tenable. IMV.)
Best Regards.
Furthermore, the question arises
Nickname: Peter Stone Review: We can limit capitalists! We are upgrading our software better due to collective nature of work. In this way we can quickly undercut capitalists. GNU will not allow them to gain super-profits by closing source code and our main goal will be achieved, as stated by K. Marx--capital of buorgeois class will be decreasing. Dictatorship of proletariat is our goal. In Linux there's no API functions designed especially for capitalists (for creating proprietary software). All projects and core system is under protection of GPL. We quickly undercut them by creating competitive GNU products. In this way the dictatorship of proletariat will work perfectly. With GNU we will force them to be free, we will free them from evil-- capitalism in the software industry. We will show them freedom of software is the proof that collective work is better than private egoism. And collective property rights are more effective than private ownership. GNU is a symbol of liberation of proletariat in 21st Century. Date reviewed: Feb 11, 2006 4:07 PM
http://www.businessweek.com/technology/content/feb2006/tc20060206_503666.htm
Nuclear War over Software Patents? Richard Stallman's Free Software Foundation wants radical rule changes for open-source code. Others disagree. Can diplomacy save the day?
In 1991, open-source pioneer Richard M. Stallman warned that software patents -- then something of a novelty -- would create enormous havoc for industry. His concern? Locking software behind patent walls, away from developers, would have a chilling effect on a nascent open-source movement, with its promise of sweeping innovation. He was dismissed as an alarmist. But 15 years later, most sophisticated observers admit that his prediction had merit.
Now, Stallman again is stepping in again, this time with more than just a warning. As founder of the Free Software Foundation, he's the father of the popular General Public License (GPL), which governs the use of a wide swath of free, collaborative software, including the Linux operating system. Stallman is preparing to update that contract with radical provisions intended to curb the growth and influence of patent-protected, or proprietary, software and digital content.
CODE CATALOG. As open-source software becomes more ubiquitous -- and thus more valuable to the broader consumer-electronics and information technology industries -- calls are growing for a recognized set of rules to govern the relationship between open-source and proprietary code. While Stallman embarks on what could grow into a defensive nuclear arms race, others in the open-source community are using diplomacy to protect their turf and search for common ground.
Enter the statesmen. This month, IBM (IBM), a giant in both proprietary and open-source software, will lead a team of industry players, including Red Hat (RHAT), Open Source Development Labs (which manages Linux code), and Sourceforge, to begin brainstorming for ways to improve the quality of software patents, while protecting against attempts to patent programs already in wide use, including open-source code. The first order of business: Develop a catalog of existing code -- so-called prior art -- that can't be patented because it's already in use (see BW Online, 1/13/06, "A Code Catalog for Software Patents").
Creating the catalog will be a long and cumbersome process. And it runs completely counter to Stallman's take-no-prisoners approach. The first draft of GPL Version 3, unveiled Jan. 16, includes language that would limit users' ability to sue for patent infringement, protect downstream purchasers or users of programs that contain GPL-protected code from patent-infringement liability, and prohibit GPL code from being used to protect digital content such as music and movies.
PROTECTING HOLLYWOOD. Stallman's aim is nothing short of utopian. He wants to capitalize on the economy's growing addiction to open-source code as a means of forcing his social vision -- free software for everyone -- on information technology and consumer electronics writ large.
"In the world we're living in right now, no one can make small, cheap consumer electronics without our software," says Eben Moglen, general counsel of the Free Software Foundation and co-author of GPL3. "Our pre-market clout, our use as a raw material of manufacturing, is now large enough to bring an industry coalition into being."
But here's the rub: As drafted, GPL3 could essentially nullify existing software patent protections and hobble creative content distributors that want to secure their digital works against theft. The proposed changes could have a serious effect on the entertainment industry. Big Hollywood studios rely on open-source code to protect their digital property rights, and a growing number of consumer devices, including TiVo DVRs, are based on Linux. If the new license is adopted, almost no consumer device or digital content would be unaffected.
OPEN COMMUNICATION. With opposing camps in the open-source movement proceeding down completely different paths, a showdown looms. Linus Torvalds, father of the Linux operating system, already has objected to the provisions proposed for GPL3, stating flatly that he'll simply stick to terms of the old license for the Linux kernel even after the new version is issued sometime next year.
The widening split has industry leaders alarmed. Stallman's free-software utopians are far outnumbered by the more pragmatic open sourcers, but his camp is home to an incredible talent pool that could be lost to the software-developer community at large if Stallman digs in his heels.
Theoretically, a world that abandons GPL-protected works would no longer have access to their innovation. That's why IBM -- the nation's most prolific patenter, but also a huge and growing user of open-source code -- and others are eager for a diplomatic fix that makes everyone happy -- and thus keeps open-source innovations coming.
FIRE FIGHT. In the end, Stallman's aggressive tack might be his undoing. "He's the one who ultimately gets to decide what's in GPL, but he can't force anyone to use the license," says Jonathan Zuck, president of the Association for Competitive Technology, a Washington (D.C.) trade group whose members include proprietary software developers. "He can ask that there be a bonfire in the square and burn all the impure software, but whether or not people show up for the bonfire is to be determined."
"There will be hot resistance" to GPL3, Moglen admits. But Stallman shows no signs of budging. And peaceful coexistence doesn't seem compatible with his utopian vision.
Woellert is a correspondent in BusinessWeek's Washington bureau
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