Jim Hubbard wrote:
The one thing that is blindingly obvious to me about the
Microsoft threats of patent lawsuits has gone all but
unnoticed in the main stream media.
If is it true that Microsoft holds patents on the Linux OS
that it can use to force compliance from Linux distos, then
wouldn't that mean that Microsoft is truly a monopoly where
operating systems are concerned?
http://eupat.ffii.org/log/intro/index.en.html
"Software Patents in Europe: A Short Overview"
Particularly of interest was this explanation as to why software
patents based on software alone should not be patentable:
[quote]
Programming is similar to writing symphonies. When a
programmer writes software, he weaves together thousands of
ideas (algorithms or calculation rules) into a copyrighted
work. Usually some of the ideas in the programmer's work will
be new and non-obvious according to the (inherently low)
standards of the patent system. When many such ideas are
patented, it becomes impossible to write software without
infringing on patents. Software authors are in effect deprived
of their copyright assets; they live under permanent threat
of being blackmailed by holders of large patent portfolios.As
a result, less software is written and fewer new ideas appear.
[/quote]
It becomes an issue of legal wrangling instead of actual
infringements and true damages.
Working as real time minicomputer systems software engineer 19
years ago, I wrote an algorithm that XOR'd against a 1/2 word
mask, which (written in IBM 360J assembly embedded in a FORTRAN
77 programme) allowed a very high speed tally of analog
acquisition channel status words to determine presence of data
acquisition channel types.
One of the patents I read about from the US Patent Office sounded
very similar to what I wrote, but IIRC was patented after my
effort. It seems very stupid to patent something that involves
abstract computer logic to accomplish an abstract result.
I gather that in pursuing lawsuits, there will be a lot of prior
art exposed and not exposed. The future looks promising for the
legal profession, if not bleak for the software professional.
If it is truly a monopoly, we should again look into breaking
up the company like the government wanted to do back in the
90's.
At least for now, we know that will not happen. What may happen
is further punitive action against Microsoft if the
documentation provided to both the US DOJ and EU is considered as
not complying with court orders. For that I will wait and see
what develops.
--
Cheers, Rafael
http://www.faqs.org/faqs/linux/advocacy/faq-and-primer/
http://www.hyphenologist.co.uk/killfile/anti_troll_faq.htm
|
|
