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Software Patents and Open Source Software: 

Software Patents and Open Source Software Dr. Fernando Barrio London Metropolitan University

Open Source and Competitiveness : 

Open Source and Competitiveness Software as integral part of society Economic success and competitiveness highly related to software development Open Source Software an important part of software industry Software patents threatening OSS?

Importance of Open Source Software: 

Importance of Open Source Software More than 70% of web servers run on Apache or Linux Most email goes through Sendmail servers BIND the most used software for DNS services

A need for software patents? : 

A need for software patents? Software industry needs a higher level of protection for success? Better control over “owned” technology? A monopoly right for long-enough time?

Yes, we need them: 

Yes, we need them System already in place Wider range of intellectual-property rights protection Incentive to innovate Pro competitive

Flying on the Apollo XIII?: 

Flying on the Apollo XIII? Undue control 15~20 years of protection? Like sailing in rough waters? Less is better?

Less is better?: 

Less is better? Fewer variations in a theme but more themes to vary on? MS-DOS and PC-DOS DR-DOS 250 spreadsheets programs in 1992 If VisiCalc patented not Lotus 1-2-3 or Excel

Getting a freebie: 

Getting a freebie Controlling software that you don’t write Lempel-Ziv-Welch compression algorithm patented in 1985 (!?) Part of several standards CompuServe GIF Create and pay! Encourages innovation? Means for carrying out an idea or the idea?

Innovative step of industrial application?: 

Innovative step of industrial application? Computer running a software as a different machine Software running in different machines might have different results Patents broad enough to cover the implementation in any platform

Do you like Dali? The surreal story of a dead EU Directive: 

Do you like Dali? The surreal story of a dead EU Directive Software patents are illegal in Europe EPO has given 35,000+ software patents SACEPO (Standing Advisory Committee of the European Patent Office) Proposal 2002/0047 for a Directive "on the patentability of computer-implemented inventions"

From L’Orangerie to the Crazy Horse or the prostitution of patent law: 

From L’Orangerie to the Crazy Horse or the prostitution of patent law The Parliament amends the proposal The EU establishment and several companies threat rebel countries The Council ignores the amendments Most players reject the Council directive The Commission threats The Parliament kills it

A new Oliver Stone?: 

A new Oliver Stone? SACEPO is made up of big boys’ lawyers Billie’s threat to Denmark and Poland Stevie’s “misquoted again” FUD? What FUD The Casablanca meeting and the Substantive Patent Law Treaty (SPLT) US global IP strategy

The Official Story: 

The Official Story

The Official Story: 

The Official Story

Stopping the spin: 

Stopping the spin

And the winner is…: 

And the winner is… Software Developer Patent holder Lawyer