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- From: mbk@lyapunov.ucsd.edu (Matt Kennel)
- Newsgroups: gnu.misc.discuss
- Subject: Re: November LPF Programming Freedom issue
- Message-ID: <1e7aetINNslq@network.ucsd.edu>
- Date: 16 Nov 92 05:09:49 GMT
- References: <FRIEDMAN.92Nov15220042@nutrimat.gnu.ai.mit.edu>
- Organization: Institute For Nonlinear Science, UCSD
- Lines: 55
- NNTP-Posting-Host: lyapunov.ucsd.edu
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-
- friedman@gnu.ai.mit.edu (Noah Friedman) writes:
- : The LPF would look silly urging a boycott against every
- : "evildoer" and getting completely ignored. That won't help our case the
- : slightest bit. But Apple is just one corporation, and a boycott against
- : them serves as an example to the rest of the industry. The boycott is not
- : intended as a matter of principle; it's a political tactic. That doesn't
- : mean we think what other companies are doing is necessarily any less
- : objectionable than Apple's legal actions.
-
- OK, I understand this tactic.
-
- However, it appears that the legal standing for Apple's suits is dubious,
- and recent decisions do not seem to be going its way.
-
- I can't see any way that algorithm patents will fail to be upheld by any
- court, as the laws are now being written explicitly allow and encourage
- that which we think to be exceedingly harmful.
-
- In some sense the two are similar---Apple wants to essentially ban
- independent re-invention which really isn't 'copying', but will lose because
- that's not what copyright does. It is in fact, exactly what patents do, and
- the courts couldn't help but rule for Apple if they had acquired software
- patents.
-
- It is true, if Apple's suit managed to set a precedent that enabled a
- copyright holder to obtain, in effect, patent protection, that this would
- be disasterous.
-
- However, because judges usually aren't that dumb, I think Apple is probably
- going to lose.
-
- Apple may have alot of money for lawyers, but compared to the Department
- of Commerce, Department of State (GATT & international treaty) and
- the U.S. Congress they're nothing.
-
-
- Perhaps the LPF is also afraid of losing, too, as the Apple boycott
- will likely be successful in the sense of having Apple's position
- repudiated, but the war against software patents is going badly
- and quite conceivably will be lost.
-
- The emphasis on Apple makes other forces think they're OK when they're not.
-
- The AT&T "brain contamination" idea is also rather pernicious but ridiculous
- enough to not likely pose a problem.
-
- To argue against explicit Federal law against algorithm patents will
- be awfully difficult, and the LPF needs to be preparing its Constitutional
- arguments for when that fateful day arives.
-
- --
- -Matt Kennel mbk@inls1.ucsd.edu
- -Institute for Nonlinear Science, University of California, San Diego
- -*** AD: Archive for nonlinear dynamics papers & programs: FTP to
- -*** lyapunov.ucsd.edu, username "anonymous".
-