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http://xml.sys-con.com

Linspire CEO Kevin Carmony observed that "some distributions have come out, claiming to be taking the 'moral high ground' by refusing to give in to 'Microsoft threats,' while openly promoting the means of circumventing proprietary software on their web sites, amounting to nothing more than high-brow software piracy

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anna's picture
Created by anna 14 years 45 weeks ago – Made popular 14 years 45 weeks ago
Category: Opposition   Tags:
incinerator's picture

incinerator

14 years 45 weeks 2 days 5 hours ago

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As usual, sys-con hasn't supplied

As usual, sys-con hasn't supplied a link to the original text their reporting about. Oh dear, that might be dangerous, the reader could actually read the text himself and form an opinion different from the one sys-con wanted you to form.

Kevin Carmony's rants have long been become boring and insigificant. Shouldn't really be newsworthy anymore.

Story buried.

kjakobsen's picture

kjakobsen

14 years 45 weeks 1 day 22 hours ago

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This is the original text, in its

This is the original text, in its full disgracefull appearance:

http://www.linspire.com/linspire_letter_archives.php?id=49

Anyway Kevin and Linspire wants free software, to compete with Microsoft by their low standards.

Its like telling young girls, that to attract boys, they need to dress and act cheap. Instead of being proud of your self, and your own personal values. It sickens me personally.

mattflaschen's picture

mattflaschen

14 years 45 weeks 1 day 16 hours ago

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This is almost a month old. He

This is almost a month old. He has a valid point that some distros promote illegal use of patent-encumbered software. But the solution is not legal use of patent-encumbered software (usually for media formats). The solution is boycotting the patent-encumbered formats, and/or trying to defeat software patents.

pogson's picture

pogson

14 years 45 weeks 1 day 7 hours ago

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"patent-encumbered"??? Software

"patent-encumbered"??? Software patents are being issued by the USPTO without benefit of legality. The US Supreme Court has questioned the legality of software patents but not ruled on them. It looks as though software patents are quite invalid unless they are an innovative component of some hardware system. M$ does not own our PCs, last time I checked...

In fact, in a recent argument before the US Supreme Court:
see http://www.supremecourtus.gov/oral_arguments/argument_transcripts/05-105...

on page 22 is written:
" 6 JUSTICE BREYER: I take it that we are
7 operating under the assumption that software is
8 patentable? We have never held that in this Court, have
9 we?
10 MR. JOSEFFER: No, but as I was saying
"

later, on page 27:
"17 JUSTICE STEVENS: Your time is up, but I
18 want to ask you one yes or no question. In your view is
19 software patentable?
20 MR. JOSEFFER: Standing alone in and of
21 itself, no.
"

BTW: Joseffer worked for US Dept. of Justice and was serving as amicus curiae supporting M$.

That is US law: for a thing to be patentable it must have a physical embodiment and not just an idea or information like software.

"101. Inventions patentable

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title [35 USC § §1 et seq.]."

Software is not any of those things that may be patentable. Software can be part of an invention like a new machine to do appendectomies or whatever, but the software itself is not patentable. M$ makes software that is not part of an invention by M$. The X-box is another matter. I am sure M$ has some patents on that. It is an assumption that because USPTO has issued some software patents that the USPTO is following the law. It clearly is not.

In particular:
"103. Conditions for patentability; non-obvious subject matter
(a)
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title [35 USC 102], if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made."

Can anyone reasonably say that any software is not obvious to anyone who studies it? Once the syntax and semantics of a programming language are known, anyone can make a computer do anything permitted by the programming language. Anyone can add to or subtract from anything in a piece of software to make it into any other piece of software one logical step at a time. The ultimate example is the simulation. One can generate an infinite number of threads with an infinite number of steps randomly and come up with every possible simulation with no insight into a problem to be solved. There is no innovation in software whatsoever. Everything is a logical and obvious extension of what is known before. There is art and skill involved in creating good software but it is not innovation any more than a painting can be patented. Copyright is the appropriate IP law for software.

digdugged's picture

digdugged

14 years 44 weeks 4 days 4 hours ago

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Okay I didn't fully read the article

Okay I didn't fully read the article of this blatent comment and very inept. Though I have strong feelings
on this subject that are highly and critically against
was Kevin states for many reasons.
Further more Kevin should wake up and realize that
everything can't be the 'Gates' world/etc.

mattflaschen's picture

mattflaschen

14 years 44 weeks 3 days 15 hours ago

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Yes, patent encumbered. I didn't

Yes, patent encumbered. I didn't say encumbered by valid patents. Unfortunately, invalid patents are a problem too.

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