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Moglen on Patents and Bilski
,----[ Quote ]
| Eben Moglen has a very interesting
| presentation on patents (including comments on
| Bilski) that was originally presented on Nov.
| 2, 2009. Software patents and business method
| patents have been a disaster for the U.S. and
| world economy, and he has some interesting
| things to say about how we got here (and how
| it could be fixed).
|
| [...]
|
| Because the patent system predates the APA,
| all potential harms to society from a patent
| are completely ignored during the patent
| examination process. If patents were
| individually considered as new regulations
| under the APA, such questions would need to be
| carefully considered. Thatâs an interesting
| point Moglen makes.
`----
http://www.dwheeler.com/blog/2009/12/31/#moglen-bilski
Top Ten Open Source Legal Developments: 2009
,----[ Quote ]
| 6. Enforcement of GPL for Busybox Continues.
| The Software Freedom Law Center has continued
| to enforce the GPLv2 on behalf of some of the
| owners of the copyright in Busybox software.
`----
http://lawandlifesiliconvalley.com/blog/?p=388
Recent:
OpenSUSE's Brockmeier caught out over Moglen claim
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| During a recent tour of Europe, Brockmeier
| gave an interview to eWeek Europe to
| spruik his company's position and what he
| claimed it had gained from the patent
| licensing deal over the three years since
| it was signed.
|
| He was quoted by Peter Judge of eWeek as
| saying: "Even Eben Moglen [Columbia law
| professor and founder of the Software
| Freedom Law Center] approved of the deal
| and said it was compliant with the GPLv2
| licence agreement."
|
| Such a claim is surprising considering
| that Moglen is well-known as a co-author
| of the GPLv3 which introduced a clause
| that would prevent such deals from
| happening in the future.
|
| Contacted by iTWire, Moglen said he was
| surprised by the claim. "I did say the
| deal didn't violate GPLv2 section 7," he
| said.
|
| This, however, is not surprising as many
| people knew that, legally, the GPLv2 did
| not prohibit the deal. However, many
| people at the time felt that it did
| violate the spirit of the licence.
| Prominent free software developer Jeremy
| Allison quit Novell in disgust over the
| deal.
|
| Moglen, who is highly respected both for
| his academic scholarship and his
| contributions to free software, was
| surprised that he had been painted as
| someone who had approved of the deal.
|
| "I disapproved of the deal, quite
| firmly; there is some rather popular video
| of me on the web explaining why, in
| relation to Microsoft's annual 'Be Very
| Afraid' tours," he said.
|
| [...]
|
| While some who read the article have
| contested these claims in comments at the
| end of the piece, Brockmeier has offered
| no comment.
`----
http://www.itwire.com/index.php?option=com_content&task=view&id=30115&Itemid=1090
More on Moglen
,----[ Quote ]
| Everyone who knows anything about the
| Microsoft/Novell deal â among whom I
| assume Mr. Brockmeier is counted â
| understand this position. The entire
| âtrickâ that permitted the deal was a this
| loophole of letter-compliance but spirit-
| violation under the GPLv2 which was
| specifically closed in the GPLv3.
|
| And when I say specifically, I mean the
| Microsoft/Novell deal was listed by name.
|
| Why the pretense that someone
| acknowledging Novell pulled a fine-print
| fast one and got away with it is equal to
| approval and endoresement? I understand
| the desire to spin a shameful
| collaboration of betrayal and
| discrimination on Novellâs part, but why
| try to use the name and reputation of
| someone who publicly condemns you? They
| will surely correct your gross
| distortions, and then where are you?
| (Still on Novellâs payroll! <rimshot>)
`----
http://www.the-source.com/2009/12/more-on-moglen/
The World According to Novell
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| First, this paragraph implies that Eben
| Moglen supported the Microsoft/Novell deal
| â flatly untrue, but perhaps we can just
| chalk this up to the authorâs word choice.
|
| Second is the direct quote though that
| states Mr. Moglen approved of the
| Microsoft/Novell deal, which is a very
| strange word choice indeed for the man who
| co-authored the GPLv3 and positioned it
| explicitly as a method to âkill the
| Microsoft Novell dealâ.
|
| [...]
|
| This is a clear distortion that Novell has
| constantly trotted out. They used the same
| sort of misdirection on the now-removed
| OpenSUSE Novell Microsoft FAQ, where they
| selectively quoted RMS...
|
| This is a prime example of the dishonesty
| of Novell apologists and mouthpieces.
| Thereâs a lot more that could be said about
| this one bit, but letâs move on.
|
| [...]
|
| The implication of this quote â that Novell
| has somehow brought Microsoft to Jesus over
| Linux â is laughable in the extreme. Novell
| has done nothing but serve Microsoftâs best
| interests since the Microsoft/Novell deal.
`----
http://www.the-source.com/2009/12/the-world-according-to-novell/
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