Second attempt sending to free-software-melb using a detached GPG signature. Originally sent Mon, 13 Feb 2012 12:58:18 +1100:
But going down the free vs proprietary route is quite different. And I would say a potentially huge distraction. What exactly does free mean anyway... Please leave it off the agenda.
With Software Patents, you have proponents who make proprietary software, and you have opponents that make proprietary software and free software. With Free Software Patents, you don't have any proponents from any business or company that focuses on free software. Right? Am I wrong? So the way I see it, the big opposition is going to have a much harder time arguing for free software patents - frequently written by individuals - not businesses, who often have no funds to defend themselves, and are generally unable to make use of the patent system anyway! It's as if I write a recipe book, and donate it to the public library for all to make use of as they best see fit. Then some corporation comes along and demands the book be burnt, and the author pay a large sum in compensation because the steps for a recipe in that book are similar to what the corporation came up with in a different book they probably never published. It's such a clear case of hurting the public ('against the public interest'), that I just can't see how you'd have a hard time winning if the focus was narrowed to this initially. Possibly you could even argue both cases at the same time. Software patents are incredibly bad and hurt the industry and thus also the customers who rely on these companies, but software patents on free software just hurts everyone. In the US, I think DMCA initially didn't have many exceptions, but then they got one for jailbreaking mobile phones. Then they're trying to spread that exception to other areas because it's easy to make analogies. I know DMCA isn't the same as patents, but my point is that getting software patents excluded from some areas could be a foot in the door to help eliminate it everywhere else. So for me, the distraction appears (to my also non-expert opinion) to be that we are focusing on the bigger long-term battle and ignoring/sacrificing the easy win that will make a lot of people happy. Adam