TECHRIGHTS writes a great deal about the "Fraude das Patentes de Software" because this issue was identified as the #1 barrier to FOSS some time in 2006 when Novell went to Microsoft in order to use its software patents against Red Hat et al. Being mere monopolies, software patents impede competition in the software field.
A: I think so. What the events of the last few weeks indicate is that perhaps it’s no longer necessary to define what “FRAND” means. Like open source software, more and more people recognize the value and importance of open standards. And just like open source software, you don’t necessarily have to have a narrow definition of what FRAND means. You simply know it when you see it, not by its individual characteristics, but by whether or not it offends the community.
And just like open source, if you take action against one user of open standards, you will increasingly be seen as taking an action against all users of open standards – in other words, against all users of technology. If you decide to do so nevertheless, then you’d better be prepared to answer to that wider audience as well.
If you think about it, you might say that’s not only fair, but reasonable, too.
“The majority of FOSS enthusiasts seem to be unaware or ignoring FRAND”
--Marti van LinMarti van Lin correctly points out that "[t]he majority of #FOSS enthusiasts seem to be unaware or ignoring #FRAND ? is.gd/jqyfRc or perhaps I've misinterpreted it!"
He is right. And moreover, there is a lot of FRAND propaganda going on. A lot of it is Microsoft-funded.
The "European Parliament To Exclude Free Software With FRAND" says this new headline from Slashdot. Quoting the submission in full:
First time submitter jan.van.gent writes "The European Parliament is on the verge of adopting a directive reforming standards, reform which would introduce FRAND patent licensing terms, an undefined term which has been seen as a direct attack on the fundamental principles of Free and Open Source software. The Business Software Alliance has been very active trying to get FRAND terms into the directive."
The Israeli patent registrar have reverted previous ruling regarding patents on software and published a draft for the procedures to accept such patents. The procedures are open to public comments for the next 30 days.
“When someone pretentiously talks of "IP violations" I ask, "Patent? Trademark? Copyright? Ship hull design? Plant variety rights?”
--Pieter HintjensHe is then told: "You are also missing semiconductor topography rights, design rights. Maybe "trade secrets" as well, M$ likens secrets == IP."
One might argue that forbidding the sharing of ideas is, in general, a bad thing. That's more like the FSF approach.
It ought to be mentioned that some of the backlash against Google patents is a PR campaign from Microsoft and its lobbyists, who call the kettle black and hammer on politicians to ensure that Ballmer and his gang can carry on with extortion (under the façade that others are doing it too). ⬆