[NTLUG:Discuss] Patents, and Lawsuits, and Copyright, Oh, My!

[cbbrowne@godel.brownes.org]

On Mon, 30 Aug 1999 21:45:45 CDT, the world broke into rejoicing as
Kevin Brannen <kbrannen at gte.net>  said:
> Steve Baker wrote:
> > 
> > It's going to be a very boring web if everyone's pages have
> > only rectangular and non-animated images.
> 
> As most animated gif's I see are ads, I'd be happy with that result. :-)
> 
> I'd really like to see legal analysis about not trying to enforce the
> patient for most of the patient's lifespan, then attempt to enforce it. 
> I've always heard that it then becomes unenforceable; but I'd like to
> hear that from a reputable lawyer. :-)

There's a mailing list (that I somehow wound up invited onto) where
an assortment of people who might be recognizable are trying to come
up with a strategy for suitably dealing with patents.

RMS has made a few comments, as has ESR; there are actually a couple of
patent lawyers that appear to be "on our side" just to name a few of
'em.

A couple of "straw-man" proposals have come forth, none being dominant
just yet.

The general approach is to tie patent protection to the free software
license; if a party "initiates aggression," they would then be required
to stop making use of the body of free software.

Two complexities come up:
a) What about the handling of free software that is also licensed in a
proprietary manner?

Apache derivatives like Stronghold are an example of this sort of software...
the question is of what happens to the licensing of Stronghold if there is
a "patent-based" attack on Apache, and a corresponding counterattack.

b) What if Microsoft pulls a patent lawsuit on Novell that has the
side-effect of affecting IBM's licensing of free software?

The plans have to be done carefully so that it doesn't open up unwanted
third-party liabilities...

This is all oversimplifying things somewhat; I Am Obviously Not A
Lawyer...

By the way, there is a *wonderful* new essay on free software written
by the Free Software Foundation's legal counsel.  

It seems to me that it is *vastly* better than the relatively
self-serving stuff that Eric Raymond has been writing since "The
Cathedral And The Bazaar" stuff brought him fame...  <A HREF=
"http://old.law.columbia.edu/my_pubs/anarchism.html"> Anarchism
Triumphant: Free Software and the Death of Copyright</A>

The essay comes from a legal standpoint; don't hold that too much against
it...
--
It's a little known fact that the Dark Ages were caused by the 
Y1K problem.
cbbrowne at hex.net- <http://www.ntlug.org/~cbbrowne/lsf.html>