Date: Fri, 3 Aug 2012 14:34:35 -0700 (PDT) From: Daniel Rudy <dr2867@pacbell.net> To: Wojciech Puchar <wojtek@wojtek.tensor.gdynia.pl>, kpneal@pobox.com Cc: "freebsd-questions@freebsd.org" <freebsd-questions@freebsd.org> Subject: Re: Patent hit - MS goes after Linux - FreeBSD ? Message-ID: <1344029675.52304.YahooMailClassic@web182201.mail.bf1.yahoo.com> In-Reply-To: <20120803164205.GB51560@neutralgood.org>
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--- On Fri, 8/3/12, kpneal@pobox.com <kpneal@pobox.com> wrote: From: kpneal@pobox.com <kpneal@pobox.com> Subject: Re: Patent hit - MS goes after Linux - FreeBSD ? To: "Wojciech Puchar" <wojtek@wojtek.tensor.gdynia.pl> Cc: "freebsd-questions@freebsd.org" <freebsd-questions@freebsd.org> Date: Friday, August 3, 2012, 9:42 AM On Fri, Aug 03, 2012 at 04:09:06PM +0200, Wojciech Puchar wrote: > >Unless Congress > >pulls a Mickey Mouse Protection Act-lookalike on patents by extending > >them just as they did with Copyright. > > >=20 > then it will still hit USA users only. FreeBSD master site can simply be= =20 > moved. If we're talking about patent infringement then moving FreeBSD outside of the country does zero to protect users of FreeBSD. Every single one of them that uses a part of FreeBSD that a patent holder claims infringes on a patent is vulnerable to a lawsuit. Also, if you pay attention to the news then you see in the DMCA, ACTA, the TPP, and other examples that the US is trying to get the rest of the world to adopt its views. The weird thinking that people in government have is that the solution to a bad law that affects only the US is to get other countries to adopt the same bad law so as to hurt everyone everywhere. But, at the end of the day I think FreeBSD should worry about patent infringement the way people worry about dying in a car wreck: Use a reasonable amount of care to avoid it, and then don't worry about it. --=20 Kevin P. Neal=A0 =A0 =A0 =A0 =A0 =A0 =A0 =A0 =A0 =A0 =A0 =A0 =A0 =A0 =A0 = =A0 http://www.pobox.com/~kpn/ =A0 =A0 =A0 =A0 =A0 =A0 =A0 =A0 =A0 =A0 "A pig's gotta fly." - Crimson Pig _______________________________________________ freebsd-questions@freebsd.org mailing list http://lists.freebsd.org/mailman/listinfo/freebsd-questions To unsubscribe, send any mail to "freebsd-questions-unsubscribe@freebsd.org= " Reading this thread, I've decided to add my 2 cents...=A0 Being from the US= , there's alot of people who are not happy with the DCMA, copyrights, and p= atents in general.=A0 Did you know that the type of patent determines how l= ong it is for?=A0 Pharmaceutical patents are valid for 7 years then it's fa= ir game to anyone (generic drugs).=A0 Software patents are valid for 20 yea= rs in the US.=A0 Why?=A0 I have no idea myself.=A0 Maybe someone who is rea= ding can explain.=A0 Copyright is ridiculous.=A0 It should be set at 30 yea= rs and no more.=A0 95 years after the death of the author is a little exces= sive.=A0 I can understand the author and the kids getting royalties, but gr= andkids and great-grandkids?=A0 A big difference between copyright and pate= nts is that copyright is constitutional (Article 1, Section 8, Clause 8), p= atents are not.=A0 The reason why patents came up was that back around 1900= when automobile manufacturing was getting started, companies would copy ea= ch others ideas.=A0 You come up with something, then a week later all of your= competitors stole your idea and was implementing it in their products.=A0 = But this is venturing into off-topic territory. I remember a big stink back in around 2007 or so where someone went through= the Linux operating system (Not just the kernel mind you), and said that L= inux infringes on 235 or so Microsoft patents.=A0 They refused to say what = patents were being infringed on because they didn't want to screw the open = source community.=A0 But by not saying what those patents were, they did sc= rew the open source community.=A0 The problem is that Microsoft isn't telli= ng where the violations are so they cannot be removed.=A0 They are during t= he court cases, but I haven't seen anything as to which patents are being v= iolated.=A0 Then again, I haven't been following the court cases either.=A0= In fact, if one thinks about it, it would be in Microsoft's best interest = to not disclose what patents are being infringed on because if they did, th= en the infringing code would be reworked or removed, leaving Microsoft with= no recourse against companies who use Linux.=A0 What it comes down to is that Microsoft is making sure that they have an income.=A0 It's pretty sma= rt on their part, but it's still unethical and even nefarious if you ask me= . As for software development, I don't look at patents, I don't even talk abo= ut patents.=A0 That way later on if someone comes up and says that I am inf= ringing on their patent, I can ask them patent and claim number, and what p= articular part of the code that is infringing, and I can claim that I have = no knowledge of that patent.=A0 If you look at precedent, the innocent infr= inger (although no defense) is usually given a slap on the wrist when compa= red to the intentional infringer. When it comes to the technology sector, at least in the US, you're either g= etting sued, suing someone, or both.=A0 And it has gotten much worse over t= he last decade or so.=A0 This is why major companies like Apple, Microsoft,= Samsung, RIM, Nokia, Broadcomm, etc. accumulate patents in mass.=A0 It's u= sually to protect themselves from patent lawsuits.=A0 Just imagine if every= one sued for every little infringement.=A0 It would be far worse than it is= now.=A0=20 Case in point: Apple vs. Samsung.=A0 Apple says Samsung copied the iPhone a= nd iPad.=A0 Apple is claiming patent infringement.=A0 The patents involved = cover "design look and feel" which I think is utter bullshit.=A0 As it turn= s out, Apple has been sliding on the iPhone and iPad sales while Samsung ha= s been gaining market share.=A0 That's the motivation right there...anti co= mpetitiveness.=A0 So, Samsung went over what they can leverage to protect t= hemselves and found that Apple's iPhone and iPad are infringing some very c= ore wireless technology patents.=A0 With that in mind, Samsung can go and m= ake EVERYBODY pay up.=A0 But they are not.=A0 Just some food for though. I'm not a lawyer, so you should seek legal advise if you need it.
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