Re: [PROPOSAL] Patented software == non-free?
This is old, I know, but I think it's important.
Joseph Carter <knghtbrd@debian.org> wrote:
> On Sun, May 09, 1999 at 09:25:43PM -0700, Joel Klecker wrote:
> > >> I am not entirely convinced that it is correct to knock
> > >> SSLeay/OpenSSL to non-free merely because of a patent (the holder of
> > >> the patent would have us believe it is valid worldwide, which is BS,
> > >> since no such thing as a "worldwide software patent" exists).
> > >
> > >IDEA isn't non-free. It's covered by a patent.
> >
> > 2.1.4. The non-free section
> > ---------------------------
> >
> > `Non-free' contains packages which are not compliant with the DFSG or
> > ^^
> > which are encumbered by patents or other legal issues that make their
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > distribution problematic.
>
> In that case.....
>
> I propose the above be removed right away.
Here's my problem: near as I can tell all software is encumbered by patents or
other legal issues.
Focussing specifically on patents: at least in the U.S. under patent law
you are guilty until proved innocent.
End of story.
Ok, let me elaborate slightly on that. Some other issues are:
[1] Patent office employees are promoted based on how many patents
they approve.
[2] Handwaving aside, nobody even understands what is covered by most
patents.
[3] Software, in and of itself, doesn't really "do" anything -- it's
all symbolic. What it "does" in the real world depends on the "meaning"
associated with the symbols.
Essentially, patents and software are both extremely and ever growing
complex symbol spaces, and if the symbols overlap you're [potentially]
guilty.
The only reason this isn't more of a problem than it already is is that
there's a cost involved: it takes money to pursue a patent claim, it
takes money to defend against a patent claim.
But there's no matter of principle here.
Therefore, I propose that Debian not have any policy on patent issues.
That patent issues be dealt with on purely a pragmatic case by case basis.
[With a skeptical eye towards anyone trying to claim that there's anything
more important here than getting out of the way of bullies.]
With pandora, I think we need to be a lot more careful about the distinction
between non-free and non-us.
--
Raul
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