Posted by: Howard B. Golden
on July 20, 2004 02:09 PM
I believe that IBM has crossed the Rubicon with respect to Microsoft. If Microsoft attempts to use its patents to shut down Linux, Apache, Samba or any other FOSS that IBM uses, I believe that IBM will fight this with every weapon at its disposal, including exerting its considerable influence (as the biggest patentholder) to destroy software patents and the dysfunctional patent system.
Perhaps you find my prediction hard to believe, but I believe that IBM has no choice but to fight to the death, unless it is willing to become Microsoft's slave, which I highly doubt!
As I see the GPL, it is the only rational choice of competitors of monopolists. This is true whether the monopoly is achieved through the market or by government fiat (e.g., patents).
The current patent system is severely broken in granting monopolies without due process to the competitors and customers who are subjugated thereby. If necessary, I believe that IBM will lead the campaign to achieve the necessary reform of the patent system.
US patents are provided for in the Constitution for a specific purpose. However, this provision does not eliminate the other constitutional provisions like due process. It is well recognized that the current patent law is seriously biased in favor of patent applicants and patentholders and against competitors and customers. IMO, such bias, if properly challenged on due process grounds as well as the fundamental Constitutional limitations on Congress's right to grant patents, could be sufficient to destroy the current patent law and the patent office.
I believe that the above is exactly where we will end up, because I see that it is inevitable that Microsoft will attempt to use patents to destroy FOSS, and IBM will fight this with all its might.
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IBM won't capitulate IMO
Posted by: Howard B. Golden on July 20, 2004 02:09 PMPerhaps you find my prediction hard to believe, but I believe that IBM has no choice but to fight to the death, unless it is willing to become Microsoft's slave, which I highly doubt!
As I see the GPL, it is the only rational choice of competitors of monopolists. This is true whether the monopoly is achieved through the market or by government fiat (e.g., patents).
The current patent system is severely broken in granting monopolies without due process to the competitors and customers who are subjugated thereby. If necessary, I believe that IBM will lead the campaign to achieve the necessary reform of the patent system.
US patents are provided for in the Constitution for a specific purpose. However, this provision does not eliminate the other constitutional provisions like due process. It is well recognized that the current patent law is seriously biased in favor of patent applicants and patentholders and against competitors and customers. IMO, such bias, if properly challenged on due process grounds as well as the fundamental Constitutional limitations on Congress's right to grant patents, could be sufficient to destroy the current patent law and the patent office.
I believe that the above is exactly where we will end up, because I see that it is inevitable that Microsoft will attempt to use patents to destroy FOSS, and IBM will fight this with all its might.
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