In January it was Sun's turn. Sun's announcement, if read quickly, appeared to say Sun had authorized free software developers to practice thousands of software patents. In fact, the announcement didn't really give anyone anything. Sun merely reminded us that Solaris is free software and that Sun would not sue us for using that. However, all other free software projects still face the threat of patent lawsuits from Sun.
This week it was Nokia's turn. Nokia announced it would not use its patents to attack the developers of one specific free software project: the kernel Linux, developed by Linus Torvalds and others, which is most prominently used as the kernel of the GNU/Linux operating system.
Unlike Sun's empty gesture, this isn't nothing. It is good to know that one important free software project will not be attacked by this particular megacorporation. But the Free Software Directory lists over 4,000 free software packages. Nokia's announcement says nothing about them, so they still face the potential threat of being attacked by Nokia in the future. Nokia's announcement isn't nothing, but it is next to nothing.
We can honestly thank IBM for agreeing not to sue us with 500 of its patents, and we can thank Nokia too for agreeing not to attack one of our community's projects. But don't be distracted from the real issue at stake. Nokia most likely intends to use this announcement as a way to put us in more danger.
Nokia, along with IBM and Microsoft, is lobbying hard for software patents in Europe. Nokia will surely point to its own small gesture as "proof" that software patents will not be devastating to free software.
In fact it proves just the opposite. If Nokia's pledge not to attack a single free software project amounts to anything, it shows that Nokia's continued threat to all other free software projects amounts to real danger. And so does the threat from many other patent holders, most of which have not pledged even the slightest support to our community.
In effect, Nokia is lobbying the European Union to give Nokia and many others a new kind of weapon to shoot at software authors and users with--and telling the legislators, "Don't worry, it's safe to let private armies carry these guns, because we promise that our gunmen won't shoot anyone in that building."
The danger of software patents is not limited to free software. Developers of proprietary software (and its users) can also be sued for patent infringement. But the majority of software is private-use software, developed for and used by one client. Its developers (and its users) also face software patent lawsuits. This is why most businesses in Europe are against software patents--a recent German government study found 85% opposition. But the megacorporations are spending lots of money to lull the European Parliament into ignoring all opinion except theirs. They frequently offer false and irrational arguments, hoping that the legislators won't recognize the error and that no one else will point it out to them.
To prevent the imposition of software patents in the EU we will need 50% of the members of the European Parliament to vote against them. Convincing these members requires lots of phone calls. (A phone call is much more effective than email.) Citizens of the European Union, please telephone each one of the members of the European Parliament in your region, and say you want them to support the JURI committee and vote against software patents. If they say that the directive won't authorize software patents, educate them based on the information you can find in ffii.org. That site offers advice on how to communicate with MEPs, useful arguments and facts, and background information.
PS. If you can present me with a copy of a real threat letter that was sent by a patent holder to a free software developer, that would be useful.
Copyright 2005 Richard Stallman
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Every time RMS hits mainstream news, the MS trolls pop up and throw in ad hominem attacks. Maybe that's part of the change in strategy. Too bad that troll got in so early in the threads. Maybe Team99, or whatever it is called this year, is well staffed and funded.
You might be well server to investigate Adm Rickover and his initial boon to the Nuclear US Navy (and all Navies with nuclear ships) and his later hinderence to said program later in his life. Essentially, founding a thing, be it nuclear subs or the FSF, is fine and dandy but when the founder and lead spokesman becomes an immovable rock in the face of technical advancements the founder can become a wall instead of a road.
IMHO RMS started paving the road years and years ago, but he has since become a rock in the way. That's just my 2 cents.
Resources:
<a href="http://www.airpower.maxwell.af.mil/airchronicles/aureview/1983/jul-aug/schratz.html" title="af.mil">http://www.airpower.maxwell.af.mil/airchronicles/<nobr>a<wbr></nobr> ureview/1983/jul-aug/schratz.html</a af.mil>
If ownership of thoughts, or "intellectual property," is rejected by the EU; the US will have to abandon them too: To prevent becoming a technological backwater.
I think its too late. The leaders of Europe (that is the governments) do want to introduce "Intellectual Property". They even put it into the draft for the joint Constitution for the Nations of Europe. Fortunately, the Constitution will not take into effect.
This looks like it's not a fundamental disagreement but merely a disagreement on how they should use the terms Free Software and Open Source. You do know that these terms were originally defined by these two organisations, right?
I thought I should read the definitions before actually talking about them, so I did. Free Software and Open Source definitions are pretty much equivalent, if thought about in a practical sense. However, Free Software definition includes philosophy and mentions copyleft in the actual definition. Open Source definition just plainly lists the requirements along with a practical rationale for each. <a href="http://www.gnu.org/licenses/license-list.html" title="gnu.org">The FSF's license list page</a gnu.org> has a small section for each license considering their benefits and disadvantages, Including whether they're copyleft or not. Copyleft is another term originally defined by the FSF. <a href="http://www.opensource.org/licenses/" title="opensource.org">the OSI license list page</a opensource.org> simply lists approved licenses and the license text without anything more.
I very much doubt that anyone who actually cares about the specifics of the license, would get the wrong impression by reading the FSF approved license list and their definition. Even if they don't actually read the licenses. The OSI approved license list however, only gives you the license text.
What really is the problem for you, however, seems to be that there are a lot of people who badly misunderstand the licenses. The real problem is not that they don't understand the licenses. The problem is that they don't care enough to make an effort to understand them. No matter what the OSI and the FSF do, this won't change unless the potential consequences from not understanding rise.
Personally, I don't see it as a big problem whether or not someone can take Free Software or Open Source code, make changes and only distribute the binary. The free (as in speech) version of the code will stay available and will eventually match the closed version. I do prefer a copyleft license for code I create myself though.
I do see it a problem if someone takes GPL licensed software and tries to close it. It's pointless to blame the FSF for this though, they can't really do much because the one who broke the license terms evidently didn't care enough to even take a look at the license, why would they care to look at the FSF webpage or any other material from them?
Donations of sales of the Nokia 770 Internet Tablet in the Developer Device Program will go to the GNOME Foundation.
We promise not to shoot ourselves!
Posted by: Anonymous Coward on May 30, 2005 08:17 PMThe sincerity of their sacrifice brings tears to my eyes.
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