IV International Conference of Unix at Uninet
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Talk

fernand0his is the fourth
fernand0time we celebrate this conference and we are grateful to all of you:
fernand0speakers, people who helped with organization and all the people coming
fernand0here to meet here.
fernand0As usual, the talk will be here, at this channel and we have prepared
fernand0the channel #redes where a set of volunteers will translate from English
fernand0to Spanish.
fernand0There is also Dutch translation in #taee.
fernand0We will not moderate this channel in order to facilitate discussion. If
fernand0it becomes too noisy, we will have to moderate it.
fernand0Our first talk will be Round table about "Software Patents in Europe".
fernand0The organizer of this round table is Guy Brand (bug). He is an IT
fernand0manager of a research institute in France Open Source Software Advocate
fernand0and User, and also, a good friend of UniNET and also one of the
fernand0volunteers that keep this up and running.
fernand0For more information about the ideas that will be discused here, visit
fernand0http://www.ffii.org/, which is  a foundation fighting to keep
fernand0information free on Internet. Some of the fellow people working there is
fernand0here with us, today.
fernand0Thank you to all for comming.
fernand0Holger will start this presentation.
fernand0Holger ....
holger_blHello everyone,
holger_blwelcome to the talk
holger_blfirst a little background
holger_blthe vote of the 1st reading in europarl was 24 sept
holger_blof this year
holger_blthis was after a demonstration in brussels
holger_bland a lot of communication with meps
holger_bl(that got 100s of emails and more personal communication)
holger_blthe person who is in charge of the directive
holger_blarlene mccarthy thinks this had been the most intense lobbying
holger_blfor any software project law...
holger_bl(see arlene mccarthy on ffii.org) for more detail
holger_blas you can see on http://swpat.ffii.org/news/03/plen0924/index.en.html
holger_blthe directive as it now stands is not too bad
holger_blbut *note* this is after the first reading.
holger_blas in normal procedure, the directive now has to pass thru the council of ministers
holger_bland here some opposition is mounting, eg from telcos, see
holger_blhttp://swpat.ffii.org/news/03/telcos1107/index.en.html
holger_blat this conference
holger_blthe target is to prepare a conference in april 2004
holger_bl28/29 april 2004 in brussels http://swpat.ffii.org/events/2004/test04/index.en.html
holger_blwhere we can put additional material on the table to fight software patents (this is still needed)
holger_blat this conference i see many persons from spain
holger_blthere is also the need to support local infrastructure (eg working on local ministers etc)
holger_blyou can do this by subscribing proinnova AT listas.hispalinux.es eg
holger_blfor other lists, see lists.ffii.org
holger_bl.
bugholger_bl: maybe we could illustrate the danger with the last example of today
holger_blok ,l that was my part, may i hand of to j_heald ?
bugMicrosoft has been awarded a patent by the United States Patent and
bugTrademark Office (USPTO) on writing Windows applications in HTML.
j_healdthis is on top of recent MS patents on the FAT file format
j_healdand MS patents on XML formats
j_heald-- we're expecting MS to become a lot more assertive in trying to enforce its patents
j_healdwe've also heard that they are trying to ecourage other companies
j_healdto let MS pay for them to assert patents against Free Software
j_healdso things are likely to become a lot hotter
j_healdthe kind of battle we're seeing with SCO is just the start
j_healdbut of course it's about much more than MS
j_healdsomething like 30,000 software patents already filed
j_healdthat is very hard for any software company - even the biggest to keep track of
j_healdeg: even the USPTO awarded the LZW algorithm a patent to 2 different cos.
bug-> questions to #qc please
j_healdIBM as well as Unisys (the GIF patent)
j_healdSo it's maybe worth talking about how the legislative timetable works
j_healdAs Holger said, the EU Parliament gave its version of the directive in September
j_healdthat's it's 1st reading in Parliament
holger_blthere are usually two readings
j_healdwhat happens now is that the member states of the EU propose a counter-text
j_healdwhich is worked out between them in a secret committee
j_healdmade up of a representative from each country
j_heald-- usually somebody from the patent office
j_healdsometimes somebody from the Economics ministry
j_healdSo at the moment we need to try to influence this new text
j_healdBut it's difficult, because they are very secretive
j_healdand also the patent offices *like* patents
j_heald-- they don't see why there is a problem
j_healdBUT: there is some good news
j_healdAt first we were afraid that this Council wroking group (as it's known)
j_healdmight ignore the results of the democratic parliament altogether
j_heald& vote straight away for a draft text they had already made in November 2002
j_healdwhich was very bad
j_healdit was as bad as any other text we have seen,
j_healdand captured all the worst features of each
j_healdBut that didn't happen
j_healdWe believe that the French are taking the lead
j_healdand calling for a full examination of the issue
j_heald(although it is very difficult to get any solid info about what is going on)
j_healdSo
j_healdwe know that they missed the chance to get the ministers to approve a text
j_healdboth on Novembe 10 and November 27
j_healdbecause they could not yet agree it
j_healdThe next dates that the ministers will meet
bugdemocratic discussions have been delayed until the new parliament is ready right ?
j_healdare 11 March 2004
j_healdand the<j_heald> both on Novembe 10 and November 27
j_healdbecause they could not yet agree it
j_healdThe next dates that the ministers will meet
bugdemocratic discussions have been delayed until the new parliament is ready right ?
j_healdare 11 March 2004
j_healdand then 17 May 2004
j_healdand then 17 May 2004
bugwe have a few questions waiting
xdrudisyes, democratic discussions in Parliament won't start until the Council gives its common position, but that'll be after the elections in practice
bug< amd> how long do the software patents last?
xdrudisbut diplomatic discussions in Council are going on as j_heald explains
xdrudisall patents last 20 years in all states adhered to the TRIPs treaty
xdrudisI mean <=20 yearas, of course, unless the patent owner loses interest
bugdoes this make sense in software field ?
jonas20 years is of course an eternity in the software development field
jonasBut just shortening the time is not what we are after.
holger_bl(it is also not possible because TRIPS says: patent = 20 yrs)
jonasFirst of all, it would be forbidden to make an exception for software patents due to the TRIPS treaty (some international trade treaty)
bug< slef> Isn't the "Open Source" movement about copyright only?
phmIndeed we probably need to change the name of the channel
phmThe topic is quite unrelated to "open source"
xdrudissoftware patents are against copyright, so anybody that has some interest in software copyright has some interest in swpats. But yes, it's not only about "open source" in any way. The channel name is not the best.
jonasSecondly, the problem with software patents lies much more deeply: they're saying you can patent mathematics or algorithms, unless you state they are implemented in a computer program. This shows they know it is wrong to allow such patents (more bad effects than good), but that they nevertheless cave in to pressure from the US and some large companies.
jonasIn software development, copyright is on the actual code you write (the source code of your program)
holger_blThe difference is: you only can knowingly infringe copyright, but you also can innocently infringe patents.
jonasSoftware patents however, are not patents on computer programs, but on algorithms, business methods and mathematical methods. The reason they are called software patents, is that the those patents are only valid if you implement those things in software.
holger_bljonas: how about "computer-implemented inventions?"
phmI'd say they are called software patents because the claim describes software, i.e. a general purpose computing equipment used according to some rule.
jonasSo it's a bit silly: you can't get a patent on a method where you use a client card with a bar code, so you can scan it every time the customer comes to your shop (so that he doesn't have to give his information every time). However, you can get a software patent (at least in the US) on a client card implemented in a computer program: the Amazon 1-click patent.
bug< slef> UK Patent Office likes patents because it has to generate revenue to cover its costs. I hear this is a problem in New Mexico and some other US states. What is the situation in other places?
jonasThe European Patent Office is in exactly the same situation.
xdrudisat least the EPO is also self financed from patents
phmThe German PTO is not self-financed, but their interest is not much different
phmIf the number of patents drops seriously, the office is in trouble anyway.
phmPatent offices probably don't really want the scandal patents
phmBut they also want no regulation that could put a clear limit on patentability.
phmSo in case of doubt they prefer to put up with the scandal patents.
bugisn't also EU trying to get control over EPO ?
xdrudisNote that even if a patent office is not financed from patents, it is still less work to grant a patent than to reject it. And no criteria is easier to apply than any criteria. On the other hand, when all you have is a hammer, everything looks like a nail, so patent experts think patents are great for everything. There's also a kind of guild feeling (is "guild" right English for "gremio"?)
phmEU is trying to become a patent office itself.
holger_bleg in germany patent lawyers have interned at the patent office
holger_blsome patent experts at the ministries being former patent lawyers etc
phmThe EU patent department (industrial property unit) is part of the same world
phmof institutions.
j_healdin the UK too, you often start for a few years at the patent office, then join a private patent law company
j_healdit's a very close, small world
bug< Mondongo> so, basically, it's a cabal between the guild of patents and the great software lords with tons of money? how can we oppose that?
j_healdyes we can
j_healdbecause ultimately the civil servants answer to the politicians
jonasWe can oppose this the way we have done it until now: by spreading clear information.
j_heald& the politicians answer to the media etc
jonasand to us :)
holger_blpetition.eurolinux.org has a quarter million signatures.
j_heald& to public knowledge, public opinion
holger_blpetition.eurolinux.org has a quarter million signatures.
j_heald& to public knowledge, public opinion
j_heald1/4 million signatures is good
j_healdbut often a single personal contact can be even better
jonasThe patent 'cabal' as you put it, needs this directive in order to make sure that software patents become enforceable in Europe. They can't get it without the conscent of the European Parliament and the Council.
j_healdpoliticians just don't understand (yet)
jonasThere certainly are politicians that already understand, or at least want to understand.
truluxyes , politicians and law related organizations
truluxjust look at the Eolas problem that will cause lot of damage against the www
bug<dElEtE> Isn't the EOLAS case showing to the people the stupid part of patents?
jonasThe arguments that generally work best, are those based on economy: 75% of the already granted European software patents are owned by foreign companies. Making those enforceable, would not be good for European companies.
phmPoliticians don't necessarily see a problem here.
phmE.g. Wuermeling MEP advertised Eolas as a success story.
j_healdthe MEPs finally did understand (many of them)
j_healdparticulalry the danger to small businesses
j_healdbut now we have to convince national politicians
phmWhich is why currently *we* need the directive in the EP version
truluxThe problem of Eolas is that Microsoft used the embbeded technology of activex components  , Macromedia Flash , etc and that thi
j_heald& the important national organisations the pols listen to
jonasAlso, one example of misuse cannot be used as proof that the whole concept is flawed. You have to dig deeper than just a few scandalous examples.
truluxand Eolas had patented "the possibility of including any type of multimedia/embedded object into an accessible page like a website"
jonasThat's why for example the study of the Federal Trade Commission was very welcome (http://www.ffii.org.uk/ftc/ftc.html)
phmAnd we are preparing a conference
truluxwho thinks that this helps the software engineering, open source or propietary , anyway , its completely bad , worst. Few lines of code or the idea like embeded objects can be patented and after used in legal fights
truluxits my opinion , sorry it is not completely clear
phmwhich also will dig deeper
phmvirtual meetings could perhaps be used for preparation and follow-up
jonasIt contains some very good arguments. For example, as rebuttal that software patents supposedly make sure that software innovations are publicised instead of kept secret: if it's a business method, it's public by its very nature. For other things, all the legalese in the patents often simply obfuscates the real information. As someone summarises it very nicely: "There's too much information and it is no longer meaningful."
phmWe now have a law proposal against software patents, and the other side is taking
phmout examples of "good patents" which our law proposal makes invalid.
phmSo it is not enough for us to point to bad software patents like Eolas.
phmThe roles are inverted.
phmright
holger_blBtw, it is here: http://swpat.ffii.org/papers/eubsa-swpat0202/plen0309/resu/index.en.html
phmBut any "compromise" with the Council can make it bad again.
holger_bleg throwing out 4.3a (forces of nature) or 6 (interoperability)
phmThe European Commission wants to throw out every single amendment that is any good.
bugwho says they are not good ?
phmThe Council will also go this way, unless they are put in the limelight.
truluxOther examples of software patents abuse are , for example , patenting shared libraries or portions of code that are included in other projects without control, if that libaries become patented the developer must pay the royalties of the propietary enterprise or , worst , get ina legal fight.
jonasThe Commission.
phmWe have a law proposal that forbids software patents, not only
phm"software patents abuse".  So no more "abuse" examples needed.
truluxOk , excuse me.
jonasThe Commission itself is pressured by the US Patent Office, large multinationals (IBM, Nokia, Microsoft, Ericsson, ...) and "patent professionals", of course.
xdrudisBtw, there is also some possibility that the EuroParl after the election chooses to ignore what the current EuroParl voted. My point is that what we got is somewhat good, maybe the best we can get, but it's not definitive
bugphm: where is this law proposal ?
phmhttp://swpat.ffii.org/papers/europarl0309/
phmor the URL Holger pointed to.
phmThere's also a tabular listing on the euorparl website, see links section.
jonasMaybe something interesting: I recently spoke to someone from the Commission, and he told me that it was basically irrelevant whether or not software patents are good for the European economy. The reason, according to him, is that the US wants them, since European companies currently have an advantage over their US competitors:
jonasThey can get software patents in the US and enforce them there, while US companies cannot do the same here.
jonasHe pointed to the recent trade frictions over the steel import tariffs as examples of how the US reacts to such situations.
holger_blthe US gave in.
bugjonas: of course, no patent inflation protects European SME/SMIs
truluxThe 1.6. Article 4a: Exclusions from patentability is self exlanatory .  Here is a little quote : "inventions involving computer programs which implement business, mathematical or other methods and do not produce any technical effects beyond the normal physical interactions between a program and the computer, network or other programmable apparatus in which it is run shall not be patentable".
jonasNevertheless, it's very strange to hear something like that from the mouth of someone who is supposed to represent and defend the European Union.
tapaniBut US companies can also compete in EU without fear of patents and EU companies cannot do that in USA!
phmWhen everything else fails, the patent movement will call in brotherly help from
james_hUS patent law favours US inventors, so the EU could probably couterattack
phmWashington.
xdrudistrulux: I wonder what a "physical interactions between a program and the computer" is
phmThey are already doing that by spreading extreme interpretations of TRIPs.
phmsee http://swpat.ffii.org/analysis/trips/
phm"Physical interaction ..." is rather empty talk
phmYou were probably looking at one of the less good amendments.
jonasOTOH, it was very nice to be able to actually talk to someone from the Commission. That's unfortunately something that happens way too little: talks between "our" side (FFII) and the "other" side (Commission, patent officials, ...). It's almost nothing but lobbying the middlemen (the members of the Parliament) and releasing one press release after another, accusing the other party of misrepresenting things. Let's hope our conference in April will amelio
jonasToo much of the discussion is also about silly details, such as finding the imaginary difference between a "computer-implemented invention" and "pure software" (http://swpat.ffii.org/papiere/eubsa-swpat0202/kinv/index.en.html).
bugright :-)
xdrudiswhich is of course conenient for those wanting to avoid fundamental detail.
jonasIn fact, that person of the Commission I talked to, always said "software-implemented invention"...
xdrudisdetail => debate
phmMaybe he had read our page?
bugA few layers I have discussed with, all agree saying patents come from industrialisation and are useless or at least no longer adapted, and certainly not for pure intellectual creations such as software
buglawyers sorry
phmProbably not patent lawyers.
xdrudispatent lawyers ?
bugno
bughow could a patent lawyer be against a patent system which feeds him ?
phmHe could, if he lives on chemistry patents.
xdrudisI also know some law professionals that ACK us
xdrudisnot patent lawyers
phmEven those that ACK us will be politically passive.
phmOnly those that have an axe to grind will be active usually.
phmChemistry patent lawyers might ACK us but prefer to spend their time
phmworking for their customers.
xdrudisNot all. But some can do little, or are just not terribly interested in either swpats or computers in general
xdrudiserr... I meant not all law professionals. Not "not all chemistry patent lawyers".
bugor maybe we try to unmoderated again ?
phmThere are some questions which we might want to ask the public.
phmI mean the audience.
buggo
truluxphm: let's ask
phmAny experience with patents anyone?
phmI mean suing or being sued, working around etc
philhI don't understand: Should I ask questions here, or on #qc?
phmnot necessarily in software?
bugphilh: the channel is no longer moderated
bugphilh: you can ask here
phmAny project made possible or impossible by patents?
philhI'll ask here then. Is it more important for us to influence the Commission or the national governments (i.e. the Council)?
james_hnational governmnets
james_hv. heard to influence the commission
james_heasiest to influence the EU parliament
jonasIt is virtually impossible to influence the Commission directly.
philhRegartding anything made impossible by patents, FFII has a list. Other than that another example was PGP, early versions of which had problems with the RSA patent.
james_h... but that won't discuss this again till end of next year
phmWe can of course influence the EP elections
phmwhich are in June
phmNominations of candidates are in January
phmWe can try to make Swpat an election theme.
philhPerhaps we should try to get commitments from all parties standing in the elections on the positions of swpat?
truluxI remember the little problem with Qt libaries , now open under Qt P License , when qt was used in kde during the "propietary" age of qt
james_hbut the EP was already on our side: key challenge now is at the national level
xdrudisIIRC qt trouble was copyright, not patents.
bugphilh: I think so, but many have already taken position
philhat the very least, if we are asking candidates what they think of swpat, we'll be raising consciousness of the issue
phmAlso, MEPs can help in influencing national politics.
xdrudisThe EP is not so much on our side to neglect it. BEsides, those who are really on our side deserve recognition, I guess.
xdrudisAnyway, raising issues in press, etc. influences everyone.
philhxdrudis: you are right; we cannot assume the EP will automatically support us in future
phmWe need to document all this more and give people a kind of election guide.
phmA guide to electing and influencing politicians next year.
BettoEcuabuenas tardes
phmBe it MEPs or national governments.
philhphm: a guide to influencing politicians is a very good idea
shadowtlxWill it include all parties
phmyes, of course
bugit would be silly not to
phmThere is a start at http://swpat.ffii.org/players/
phmwith wiki extensions on all pages.
jonasRegarding the European elections in June: the page at <http://swpat.ffii.org/papers/eubsa-swpat0202/plen0309/vote/analysis.html> is very good to see which politicians voted according to our (FFII's) voting list and which didn't. Support the people that supported us, you can make a difference!
phmWe will also probably be sending someone to Brussels for the next year.
james_hnext question ?
phmOne person staying all the time, others coming for short stays.
phmBoth will be paid by FFII.
phmSo if anyone from Spain or elsewhere wants to work in Brussels for a week
phmplease contact us.
holger_blbuero AT ffii.org ?
phmSouthern Europe was a good place in terms of voting, as you can see from the
phmanalysis.html page Jonas pointed to.
padrinosbwhat do you think of the future of the software with copyletf ?
philhIt would be useful if the analysis.html page had a key
phmYes, or look at http://www.ffii.org/proj/ for more specific project information.
jonaspadrinosb : that it is completely independent of the software patents issue :)
james_hpadrinosb: it's getting bigger all the time, but it's creating enemies, and swpat may become one major way they will try to attack it.
phmAs FFII, we have to represent also SMEs who write proprietary software.
jonaspadrinosb : copyleft and copyright are orthogonal to software patents. Software patents are generally bad for all software developers not backed by a big company. This obviously includes a lot of open source and free software developers, but SME's face exactly the same problems.
phmI think Linus said this nicely: "he who writes the code gets to determine the
phmlicences, and nobody else gets to complain."
padrinosbI already join in the university in software development do you think when I graduate te developing will be 50% 50% 50% copyleft and 50% copyright ?
phmWhich is not to say that those backed by a big company actually gain from patents.
tapaniEven some big companies are beginning to have doubts, like Intel
james_hpadrinosb: one think we see is a lot of SMEs building commercial products on top of Free platforms
jonasIndeed, it's mainly the juridical departments of those big companies that gain from patents (and who dictate this policy of defending software patents)
james_hyes, apparently the engineers at Nokia and Ericsson don't like swpats at all
jonasjames_h : even if their entire source base is closed and they only ship windows binaries, it won't help them: they still infringe on IBM's patent on the progress bar.
phmOur petition has >500 signatories from the 5 companies whose CEOs signed a letter
rielinterestingly even microsoft sells free software
phmagainst the European Parliament's amendments http://swpat.ffii.org/news/03/telcos1107/
rielso the whole "you can't make money selling free software" slogan has lost most of its power ;)
bugNokia, Ericsson, Siemens or Alcate are not very representative of European SMEs, are they ?
holger_blericsson open-sourced erlang a while ago to blur the picture more.
phmYes, but even in these companies there is a strong current of opinion against swpat.
holger_blhow about telefonica ?
holger_blor vordafone ?
phmSome telecom companies are our potential supporters.
bugwhich typical european SME can afford 30,000 to 50,000 Euros for a communutary patent ?
phmThe community patent is in any case cheaper than current EPO patents
jonasEveryone is our potential supporter, they just have to be convinced of the fact that we are on their side :)
tapaniBasically any telecom company just trying to get into the market should be our supporter
phmI have spoken to some people from telecom companies, even IP departments, who
tapani... we just have to convince them that in the patent game they will always lose against the big ones
phmsupported our positions,
jonasYou not only have to pay for a patent however, you have to pay a lot more to enforce it (or to defend against an infringement lawsuit)
phmbecause they don't want complementary markets to be monopolised.
james_hquestion: is there strong pressure for sw patents in South America ?
james_heg from the USA ?
Mondongoin south america there's not much talk about it ...
phmMaybe some chances to get people to talk about the EP Amendments?
holger_blis software patentable there ?
Mondongoholger_bl: I don't know. But here there's RAMPANT piracy ...
phmAFAIK South America tends to follow European examples on this.
phmPiracy is again orthogonal.
Mondongophm: No, we tend to be USA's puppets.
jonasMondongo : piracy is about copyright infringement.
james_hwas this the sort of issue discussed at the FTAA talks ?
phmA country can have no industry at all but a patent office working unnoticed
phmaccording to its patent beliefs.
phmIn Europe the South tended to be most pro-patent as long as the issue was
phmlow-profile, and most anti-swpat when it became politicised.
phmSouth America will be our ally if they can politicise the issue, I'd assume.
holger_blreality check from sb actually from South America please ;-)
MondongoI *am* from south america!
Mondongofrom Argentina, actually
Mondongoand the issues here are more related to hunger, corrupt politicians, unemployment ... I'd wager that software patents are very well behind it
Mondongopoliticians will follow the money. corruption here is HUGE.
phmIn Europe too the swpat issue was never highly visible.
phmIt was always far behind unemployment, public health etc.
Mondongophm: all right, maybe I was answering with a bit of a prejudice ;)
Mondongobut politicians here in Argentina rarely listen to the "public"
phmnor here
MondongoI've worked for the gov't and it's really a mafia, a mess of corruption
phmnot radically different here I'm afraid
phmIt took a long time for swpat to actually get some limited attention
Mondongophm: define "here" :)
jonasOur demonstration in Brussels in August helped a lot to raise awareness among politicians, and opened several doors.
phmAnd we were more successful in the south than in the north of Europe.
Mondongook, then it's the same everywhere ;) I don't know about the state of software patents. leave an e-mail and I'll try to find out!
holger_blgood ! blasum AT ffii.org
holger_blor buero AT ffii.org for redundancy ;-)
Mondongook, noted!
phmThe word about the European Parliament's decision and the return of good
phmtraditional patent doctrines needs to be spread to S.A.
phmNot many people there will be spreading it, and those here try to keep
phmsilent about it.
phmMany interested people in S.A. will read law journals and get misinformation
phmabout what is happening here.
james_hnext question ?
bugok
salvocan we win?
phmWe already won two major battles.
philhsalvo: I think we can
phmThe two major battles I'd say.
philhbut we haven't won the war... yet
Mondongoupdate: checking with some friends, it seems that the GPL means squat for Argentine law
phmBut there are more battles coming up.
bugI'd like to thank all our group of happy FFII activists :-)
jonasMondongo : GPL has nothing to do with software patents.
bugThey worked for you all, not only at the European Parliament. And they are still...
bugMuchas gracias, merci beaucoup
Mondongojonas: oh, ok. A search on Clarin (the most read newspaper here) turns out several articles about the software patents in Europe.
bugand thanks to the audience too
fernand00we'll publish the logs for this talk as soon as possible in our website
fernand00thank you to all

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