528 lines
33 KiB
Plaintext
528 lines
33 KiB
Plaintext
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| November 1991 -==- Volume I Number 1 |
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| PROGRAMMING FREEDOM - online edition |
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| league@prep.ai.mit.edu |
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| The Electronic Newsletter of |
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| The League for Programming Freedom |
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| 1 Kendall Sq #143, POBox #9171, Cambridge MA 02139 |
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| Phone: (617) 243-4091 (voicemail only-leave your |
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|address or phone number, and we'll answer your query)|
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| Editor: Spike R. MacPhee (spiker@prep.ai.mit.edu) |
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| Reproduction of Programming Freedom via all |
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| electronic media is encouraged. |
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| To reproduce a signed article individually, |
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| please contact the author for permission. |
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|_____________________________________________________|
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<><><><><>Table of Contents<><><><><>
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Election meeting notice: new location
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X-Windows memorandum --==-- MIT Lab for Computer Science
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LPF Protests Pike
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Opinion --==-- Bill Kennedy: What LPF Should Be Doing & Editor's reply
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Len Tower's Summer Vacation (?) - Speaking about and for LPF
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A typical RMS speaking tour schedule
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LPF at Fall '91 Comdex --==-- Chris Hofstader, LPF Secretary
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Volunteer requests: speakers and publicity distributors at conferences
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International Patents Treaty --==-- Jack Larsen, LPF President
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LPF Boutique: LPF Tshirts, posters, postcards, and mugs
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<><><><><>LPF Annual Meeting<><><><><>
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The LPF annual meeting will take place at 8pm on Sunday, December 15 in
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the 7th floor playroom at 545 Tech Square, Cambridge, Massachusetts. <>
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<><><><><>X Window Update<><><><><>
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[Because of the importance of this release, we reproduce it in its entirety.]
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Memorandum to: Members of the X Consortium September 24, 1991 From: MIT Lab
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for Computer Science Subject: U. S. Patent No. 4,555,775 (Pike), Issued to
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AT&T on Nov. 26, 1985 for "DYNAMIC GENERATION AND OVERLAYING OF GRAPHIC
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WINDOWS"
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In February 1991, AT&T sent letters to MIT and to members of the X
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Consortium, notifying the community that the "backing store" functionality
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available in the X Window System is an implementation of a patented AT&T
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invention, and that consequently, companies or institutions commercially
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marketing or internally developing products based on an X Window System
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implementation will need a license from AT&T. Since MIT developed the X
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Window System and distributes it widely, we were deeply concerned by AT&T's
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action, and we conducted a thorough technical analysis of the patent and
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similar window system technology. MIT also retained counsel to provide us
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with an expert legal opinion. Both our technical analysis and the legal
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opinion conclude that AT&T's claim with respect to the X Window System cannot
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be sustained.
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Patent #4,555,775 was applied for in 1982 by Robert Pike and issued in
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1985 to his employer, Bell Laboratories. It describes a variation of graphics
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drawing algorithms that enables a single display screen to support overlapping
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windows, in which several programs can be active simultaneously. It is our
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opinion that this same capability was present in window systems that predated
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the Bell Laboratories' work.
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The Bell Laboratories' work, the X Window System, and previous window
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systems all use different variants of the same basic methodology (storing
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obscured regions of windows as off-screen bit maps). Both our legal and
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technical analyses agree that each of the patent's claims is either so broad
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as to have been anticipated by prior art, or so narrow as to apply only to the
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`775 patent's specific algorithm and not to the X Window System.
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AT&T has requested the Patent Office to open the `775 patent for
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reexamination, which will give AT&T an opportunity to clarify the patent's
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claims. We hope that AT&T will seek there to recognize the contribution of
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the work on which it is based while not casting its claims beyond the specific
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methodology involved. MIT is very willing to work with AT&T toward reaching
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this goal and is exploring ways in which this can be done.
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From a broader perspective, the confusion over the `775 patent
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illustrates the difficulties raised by the increasing number of patents issued
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on software technology. We would welcome the opportunity to join with AT&T,
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other companies, and the university community to explore ways to alleviate
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these problems. Software is an area in which prior art is often difficult to
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identify and in which obviousness differs significantly from one perspective
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to another. The recent proliferation of software patents is creating pressure
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on software developers to seek patent protection for straightforward ideas,
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and increasing pressure to claim broad applicability of software patents, well
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beyond the scope of any original invention. These practices introduce a
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chilling effect on university research, and they undermine our ability to
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pursue ideas in a free and open climate. In as much as these practices attack
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the university's central goals and its obligation to disseminate information,
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they are a matter of utmost seriousness to MIT. <>
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<><><><><>LPF protests Pike<><><><><>
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CAMBRIDGE, MA, November 18, 1991 -- Rob Pike, a software designer from
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AT&T Bell Labs, expected to deliver an ordinary seminar on his latest research
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project. Instead, he found a room filled with programmers carrying signs to
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protest the consequences of his previous project: the AT&T "backing store"
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patent which AT&T has used to threaten all the members of the X Consortium,
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including MIT itself.
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Of the approximately 80 people present at the talk, about 50 carried
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protest signs. The protestors did not try to interfere with the seminar.
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They simply raised their signs as Pike began to speak. This accomplished the
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purpose of making their ire known. <>
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<><><><><>Letter<><><><><>
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Guest Opinion: --==-- by former LPF member Bill Kennedy
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Before I joined up there was some very interesting discussion about LPF
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on a mailing list I'm on. The consensus opinion agreed pretty closely with
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the preliminary material I got before I joined. I'm in complete support of
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the philosophy as stated, my consulting practice depends on my being able to
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produce unencumbered software tools.
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Once the mailing lists started up the discussions started sounding like
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the things I was interested in but quickly deteriorated into stereotypical
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usenet style chatter. It's pretty difficult to enforce decorum when the
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transport is a reflector, but I find that the contributors enforce the decorum
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if they are sober and professional about what they're trying to talk about.
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I'm too old for the kinds of things that the newbies and wannabes are talking
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about and I've got (at least I think so) more to lose. My sole source of
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income is my solo consulting practice and I take it very seriously.
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I don't think that you can defeat the [business] suits with
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demonstrations and tee shirts. I think that you do it kind of like you defeat
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the problems of discrimination in the workplace. Discrimination is bad for
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business and it doesn't make two hoots which side of the issue you're on.
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Discrimination has been around since the Old Testament but it's still bad for
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business. I think that the expropriation of software techniques and the
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attendant extortion is bad for business too. Businesses learn what's bad for
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business through education and observation, seldom through legislation and
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never from demonstrations and tee shirts...
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The kinds of things that LPF should be doing is educating and persuading.
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We don't have a federal, state, or local government that knows beans about the
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technological realities and we're not going to teach them or make them
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understand as long as the Robert Morris' and Len Roses are their only viewport
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into the world where we live and work...
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If I author a book my copyright is limited to the content of the book but
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not the size of paper or method of binding. I'm perfectly free to make
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reasonable citations from other intellectual property without infringing on
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another copyright. When you deal with machines that can only count to one
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there aren't a whole lot of things as unique as a book, play, song, poem, or
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other authored work. Moreover, the real creativity is in the composite fabric
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of the work since its components are pretty well understood and pretty
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ordinary. I vigorously object to any person or organization claiming
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copyright to something pretty well understood and pretty ordinary. When the
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system fails and such a copyright is claimed then it is up to the legislature
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and courts to remind the claimant their copyright is poppycock.
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We can't depend on our courts or legislatures to do that today because
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they are too ignorant. They can't get any better or smarter unless/until
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someone can overcome their ignorance...That's where I thought LPF came in.
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This is supposed to be a group of professionals who _do_ understand the curvy
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and twisted passages and should be able to explain it so that the suits have
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no place to hide. When the suits have no place to hide and realize what they
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are doing is bad for business they'll actually *help* us finish the education
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of the courts and legislatures. This is how I perceive LPF's purpose and
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responsibility but what I read is a lot of nit picking and bickering. There's
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a lot of roaring and groaning about things that are 100% peripheral to the
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things that affect my livelihood (and theirs too, but they don't seem to feel
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it's as crucial as I do)...
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The problems will not get solved with righteous indignation or fist
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shaking. So what's the grey-beard master-old-hacker going to do about it?
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I'm going to pretty much proceed as I have been. When a particularly stupid
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piece of legislation is or is about to be introduced I'll write my legislator.
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It's a simple curbstone English description of what the bill is as contrasted
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with what someone thought they understood when they wrote it. When someone
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infringes on my copyright intellectual property I try to explain what they are
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doing and why they shouldn't. The explanation isn't always as moderate when
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it ends as it was when it started but that depends on how ignorant, stubborn,
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or dishonest they are. I've made enough out of one settlement to break me
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even on the others I've won (at a net loss) but my former adversaries are
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better educated and less likely to infringe again. Did this intellectual
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property contain components and concepts that weren't 100% original? Of
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course they did, but my copyright is on the composite work and that is a very
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narrow and easily defined effort. The creative combination of proven
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techniques is the copyright, not the techniques themselves.
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...If my creative effort produces something that I consider to be of
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value then I feel free to protect it to the extent I feel matches its
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perceived value. If nobody agrees with me, then they don't use it and don't
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pay for it; I had a mistaken idea of its value, but it's my right to protect
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it. I've contributed my fair share into the public domain and will continue
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to do so. I've also retained copyrights to other material and will continue
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to do so. If some suit thinks that he can intimidate me with a gold seal on a
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ribbon saying he "owns" the binary search technique, he's crazy. If someone
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says I should let anyone, willy nilly use my work, he's crazy too. I'm not
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really concerned about the latter but the former has my undivided attention.
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You see, that's what I thought you guys were doing. It may very well be
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that it really *IS* what LPF is doing but I can't see it for the smoke or hear
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it for the noise. <>
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internet bill@ssbn.WLK.COM or ssbn!bill@attmail.COM
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uucp {att,cs.utexas.edu,pyramid!daver}!ssbn.wlk.com!bill
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<><><><><>
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The Editor's reply: Bill, you have to remember that league-tactics is an
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all-purpose discussion mailing list for all aspects of software patents and
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look-and-feel lawsuits, as well as members' suggestions for activities. It
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is, as you pointed out, an unmoderated list for everyone, not just software
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consultants, so we're not surprised that it isn't focused enough on your
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specific concerns. It doesn't report on what the LPF is doing - that's what
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this newsletter is for.
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We *are* trying to educate and persuade: a new position paper is coming
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out in a future Dr. Dobbs Journal; the Fall '91 Issues in Science and
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Technology has six pages on "Why Patents Are Bad for Software" by Garfinkel,
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Stallman, & Kapor, and we had a significent presence at Fall Comdex.
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We are also trying to reach the public. Demonstrations will get 10
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seconds of broadcast time because of their visual nature, while position
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papers never will.
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LPF is still small; we want programmers to tell other programmers to join
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and tell other [iterate]... so that we can get large enough to affect
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legislative efforts, etc. We haven't filed amicus curae briefs because these
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are usually used on appeal, and none of the look-and-feel cases has reached
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that stage.
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We believe that your letter, from a soon-to-be former LPF member, will
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generate a productive discussion, both in and out of the organization, as to
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what the LPF is, and what itshould be doing to affect the laws on software. <>
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<><><><><>Speakers<><><><><>
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What I Did on My Summer Vacation --==-- by Len Tower
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During a three week visit to family in the Pacific Northwest in August, I
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set aside 4 days to speak on programming freedom issues. I spoke seven times
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in three cities: Corvallis & Portland, OR and Seattle, WA. Audiences included
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user groups, companies, and a technical book store seminar series.
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I solicited sponsors and dates by e-mailing to people in OR/WA and asking
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them to put me in touch with likely sites. These people included friends, LPF
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members (ask league@prep.ai.mit.edu) and GNU volunteers (ask
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gnu@prep.ai.mit.edu). A local sponsor handled publicity based on an abstract
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of the talk I provided. Methods used included postings to company mailing
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lists and regional USENET newsgroups, flyers, articles in company and store
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newsletters, and newspaper announcements and ads.
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I prepared a 40 minute talk on both LPF issues from our newsletters and
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two position papers, which left plenty of time for questions (which were often
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answerable from material in the position papers that I didn't have time to
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cover).
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When I do this next time, I'll vacation in a different month. Many
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colleges are between terms at the end of August and the academic crowds were a
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bit thin.
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I'd like to thank all my hosts and audiences, and in particular my lady's
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parents.
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I urge more of you to try speaking about our issues. It's a fun,
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interesting and easy way to help our cause. <>
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<><><><><>Speakers<><><><><>
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Richard Stallman has been doing another wave of speeches, in the United
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States and Europe from late Sept. through mid--Nov. First four talks in the
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Southwest, in Albuquerque, Los Alamos, Las Vegas, and Tucson; then three in
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the Midwest, in La Crosse, Madison, and Minneapolis. The talk in Las Vegas
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was designed to find more helpers for the League's COMDEX activities.
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Then he went to Italy, France, and England for eight more talks and for
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meetings with members of Parliament in Italy and France. With luck, LPF
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organizations in Italy and France will be started by this trip. <>
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<><><><><>Speaking Volunteers<><><><><>
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Our members have often said that the LPF isn't visible enough. We agree
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and are taking steps to change that, including finding more volunteer
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speakers, establishing an online LPF online library, and a regular newsletter.
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Besides editing this newsletter, I also serve as LPF coordinator, in
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which capacity I run the speaker bureau. Richard M. Stallman and Len Tower
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have done the bulk of our speaking engagements to date, but cannot be
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everywhere at once. Our cloning attempts, despite Richard's views on copying,
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have not yet succeeded. We would like more volunteers, with or without
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previous experience, to speak to people around the world and inform them about
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the software look-and-feel and patent issues. Anyone who would like to speak
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about the LPF's positions, or who wants an LPF person to speak to their group,
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please contact me at: spiker@prep.ai.mit.edu.
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For instance, our President, Jack Larsen, can be reached at 708-698-1160,
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FAX at 708-698-6221 (Park Ridge, IL), or email at jl@epsilon.eecs.nwu.edu. He
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would be happy to explain the legal issues and status of court cases and
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treaties to groups in the region. "I will go anywhere if travel expenses are
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provided. If not, I can cover "Chicagoland", 12 million people from Milwaukee
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WI to Gary IN."
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Spike R. MacPhee
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<><><><><>Conference Volunteers<><><><><>
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We want more volunteers to hand out League materials and position papers
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at computer conferences and meetings around the country and the world.
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Contact league@prep.ai.mit.edu to request materials.
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<><><><><>Conference Report<><><><><>
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The LPF at Fall COMDEX '91 --==-- by Chris Hofstader, LPF Secretary
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This is the third consecutive year that Gordon Schantz and I have worked
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the Fall COMDEX show for the LPF and easily the single most successful.
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In previous years the reactions to "Hi, I'm Chris Hofstader, officer,
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director and cofounder of the League for Programming Freedom..." were:
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1989 - "League for what?" or "What Freedom?" or "So?"
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1990 - "We appreciate your efforts but please don't let anyone see you
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with us." or "Is that GNU?" or "Isn't that Kapor's group?"
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Now I can report that the visibility and respectability of the LPF has
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grown profoundly. At one point we had everybody in Borland's, Microsoft's,
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Stuart Alsop's, and Windows World Magazine's booths wearing LPF "fanged apple"
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badges.
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Thanks to our ten volunteers, an organization as small as the LPF had
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terrific visibility. Even the hostess at the Las Vegas Hilton coffee shop was
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distributing our buttons. More seriously, I was invited to many private
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parties and had access to many people who lead the industrial side of this
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business. The response was very positive. We will see more League publicity
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and corporate support as a result. <>
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<><><><><>Article<><><><><>
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COPYING IN THE NEW WORLD ORDER --==-- by Jack Larsen, LPF President
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We are told that we are living in a "new world order". In 1992 the
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European Community will be one trading entity, and a real factor for Americans
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who would trade abroad. Multinational companies welcome the reduction in
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legal formalities regarding patents, trade marks and copy rights. What is not
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so obvious is that the proliferation of trade treaties has a direct impact on
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our internal law.
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The battle for programming freedom has been elevated from the U.S.
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District Court in Boston to the world stage; meanwhile Borland, the U.S.
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Copyright Office, and ten prominent professors of copyright law have asked the
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District Court to reconsider its Paperback decision of last year.
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The International Agenda is marked by a number of developments which are
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approaching international agreement. The first is an extensive amendment of
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the heretofore innocuous Treaty of Paris which is intended to "harmonize" the
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patent systems of the world. This treaty and the Berne Convention on
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Copyright are both administered by the World Intellectual Property
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Organization (WIPO). This treaty has been under consideration for several
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years. A first session of the Diplomatic Conference was concluded in June,
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and a second session is to be scheduled after conclusion of the Uruguay Round
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trade talks in the GATT. The General Agreement on Tariffs and Trade, and the
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trade agreements thereunder are the second major development. The U.S.
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Congress has approved a "fast track" process to expedite approval for
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agreements in the Uruguay involving patents.
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New Trade agreements call for stringent reciprocal enforcement of
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intellectual property "protection". Recent negotiations with China became
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stalled by the U.S. insistence on criminal penalties for software copying.
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This may be the rationale behind inclusion in the "Violent Crimes Act" passed
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by the Senate of long jail terms for copying software.
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Thirdly, the U.S. Commissioner of Patents and Trademarks has appointed an
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Advisory Commission on Patent Law Reform the purpose of which according to
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Commissioner Manbeck is to help "consensus forming" for the treaty.
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In the first session of the Diplomatic Conference the United States was
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alone to oppose the first-to-file rule of Article 9 of the Treaty. Article 10
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which provided that "Patent protection shall be available for inventions,
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|
whether they concern products or processes in all fields of technology." was
|
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|
not supported, and remains for resolution in the second session. This raises
|
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|
the hope that computer programs may be excluded from patent protection. All
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|
in all Commissioner Manbeck did not encourage the delegates to expect the
|
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|
United States to make fundamental changes in its laws, "unless others can
|
||
|
likewise agree to satisfy our needs."
|
||
|
An American delegate reporting on the meeting concluded: "It is apparent
|
||
|
that the likelihood of concluding a treaty in this area which, in its
|
||
|
totality, would be acceptable to the United States will require the United
|
||
|
States to embrace a first-to-file system of awarding patents". It has always
|
||
|
been under stood that the language of the Constitutional Grant bars the
|
||
|
adoption of a first-to-file system. If the Advisory Commission can help the
|
||
|
Commissioner convince the public that the gains from the treaty will outweigh
|
||
|
the damage to the Constitution, the treaty will make it all possible...
|
||
|
...Until the new world order, our commercial treaties did not challenge
|
||
|
settled constitutional rights...
|
||
|
...Congress itself was moved to create a special new kind of
|
||
|
monopoly...the Semiconductor Chip Protection Act of 1984, creating a new kind
|
||
|
of intellectual property not authorized by the copyright and patent clauses of
|
||
|
the Constitution,
|
||
|
The new Act provides for registration with the Copyright Office and
|
||
|
provides a term of protection limited to ten years. This law aimed at the
|
||
|
emerging semiconductor giants of the Pacific Rim was clearly to be
|
||
|
international in scope, and intended that in any challenge to the
|
||
|
constitutionality of the law, there would be a treaty to support the creation
|
||
|
of the new monopolies...The Diplomatic Conference convened by the World
|
||
|
Intellectual Property Organization (WIPO) in May 1989, adopted a "Treaty on
|
||
|
Intellectual Property in respect of integrated circuits". This new treaty was
|
||
|
approved by the votes of 49 nations. However, the United States and Japan
|
||
|
voted against the text finally approved. Both countries would not approve the
|
||
|
draft provisions for the requirement of "non-voluntary licenses" under certain
|
||
|
circumstances of National import. The U.S. and Japan control around 90
|
||
|
percent of the world production and trade in semiconductors.
|
||
|
The treaty is available to the United States if it is ever needed. It
|
||
|
has importance for several reasons. First, it is an example of the
|
||
|
internationalization of the creation of a new kind of monopoly. Secondly the
|
||
|
Treaty was prepared in a very short time, even before most countries
|
||
|
legislated on the matter.
|
||
|
Thirdly, while apparently of very narrow scope the negotiations were led
|
||
|
by the United States establishing precedents for other areas of intellectual
|
||
|
property and giving a new role in the field to GATT. Fourth, it contains
|
||
|
rules for the settlement of disputes applicable to GATT and other intellectual
|
||
|
property contexts, and finally developing nations took an active role in the
|
||
|
negotiations. This treaty provided a laboratory for the drafting of a new and
|
||
|
wide-ranging treaty purporting to harmonize patent laws between nations. It
|
||
|
shows the way to create new monopolies ,,,covering whatever line of
|
||
|
manufacture, trade or business which may be wrapped in a treaty package.
|
||
|
A New WIPO treaty was the subject of a "Diplomatic Conference begun June
|
||
|
3, 1991 at The Hague, and now adjourned. While seemingly technical, and not
|
||
|
commanding the attention of policy makers outside of the core of "experts",
|
||
|
patent attorneys, multinational corporations, and patent office bureaucrats,
|
||
|
this new Treaty has a potential for reversing fundamental principles of
|
||
|
American Patent law.
|
||
|
It does not represent mature thought on such problems as software
|
||
|
patents, the patentability of life forms, the standards of invention and
|
||
|
novelty and the duration of the monopo lies. The planned WIPO patent
|
||
|
harmonization treaty will cause serious problems for software developers in
|
||
|
the United States and wherever it is adopted. The treaty would both aggravate
|
||
|
the problem (by making patents last longer) and withdraw presently available
|
||
|
remedies, not the least of which is an appeal to the Supreme Court. That Court
|
||
|
has held many computer programs to be unpatentable as following outside of the
|
||
|
"useful arts"; but the treaty would include "all fields of technology".
|
||
|
Another provision of the treaty would make matters worse, by making patents
|
||
|
last longer, extending the life of a patent to 20 years or more. In an age
|
||
|
when the rapid advance of technology makes most technology obsolete much more
|
||
|
quickly than in the past, it would make more sense (in most fields) to shorten
|
||
|
the duration of patents.
|
||
|
The proposed treaty would make patents easier to acquire, easier to
|
||
|
enforce, and broader in coverage. For example the patent on a method would
|
||
|
carry with it the product of that process, whether already known, or produced
|
||
|
by a non-infringing process, and may permit and require patenting subject
|
||
|
matter beyond the present constitutional power of the United States.
|
||
|
Software patents are a new experiment which is working out badly. The
|
||
|
United States should not make the experiment permanent before the results are
|
||
|
known. And the Executive Branch should not use the "FAST TRACK" ratification
|
||
|
process to withdraw the issue from the realm of public debate. Properly, the
|
||
|
patent system is not just to encourage inventors, not just to enrich
|
||
|
entrepreneurs, not just to keep lawyers busy, its purpose is to "promote
|
||
|
science and the useful arts" for all of us by the teaching of the inventions
|
||
|
and discoveries. As the time for signing this treaty approaches, it is well
|
||
|
past time for the general bar, and the citizenry to be made aware of what is
|
||
|
afoot...
|
||
|
"Strict constructionists" and "original intent diviners" offer the
|
||
|
gadgeteers no more hope. As Justice O'Connor points out: "Today's patent
|
||
|
statute is remarkably similar to the law as known to Jefferson in 1793". The
|
||
|
original intent of the signatory states is to be found in the patent laws of
|
||
|
the colonies, which illuminate what is penumbra in the Constitution's patent
|
||
|
clauses. The founding fathers were gentry in an agricultural country. Well
|
||
|
aware of the burden of Crown imposed monopolies, Congress required in the very
|
||
|
first patent act that the invention be "sufficiently useful and important" to
|
||
|
merit the 14 year right of exclusion under that act. After the Court examined
|
||
|
the premises in Bonito Boats, it is clear that it will not repeal 200 years of
|
||
|
the American patent system, which for much of that time led the world. But
|
||
|
the pressure by the peddlers of gadgets and the titans of industry for new,
|
||
|
cheaper, and more broadly applied monopolies is unrelenting. For them a
|
||
|
better way has been found. A way that takes the Supreme Court, and the House
|
||
|
of Representatives out of the loop. The revision of the Treaty of Paris, to
|
||
|
be considered by WIPO in the Second Half of the Diplomatic Conference begun
|
||
|
this year at The Hague, and adjourned to a time next year and place yet to be
|
||
|
announced. The treaty would impose an increased minimum term for patents,
|
||
|
highly inappropriate in view of the accelerated pace of science and
|
||
|
technology. It would grant patents to the first-to-file, rather than the
|
||
|
first inventor, thus diverting into a race to the Patent Office, energy which
|
||
|
better may be devoted to science.
|
||
|
The delegates to the several meetings of "Experts" leading up to this
|
||
|
Conference, with few exceptions have been patent professionals, wholly
|
||
|
unprepared to appreciate the economic and social impact of the patent system,
|
||
|
concerned only with the cost and efficiency of extracting the monopolies from
|
||
|
the governments. With the new Budget bill, our Patent and Trademark Office is
|
||
|
to be funded by "user fees". The Patent Offices of the World, by this
|
||
|
proposed treaty, would be combined by the special patent tribunals of the
|
||
|
world joined in this device "to get a broader, looser conception of patents
|
||
|
than the Constitution contemplates", again to rephrase Mr. Justice Douglas.
|
||
|
The indirect cost of patent monopolies, like the cost of the Savings and
|
||
|
Loan mess is "off budget" but it should not be ignored. The indiscriminate
|
||
|
creation of exclusive privileges through cheap and easy patents, in the words
|
||
|
of Justice Bradley a century ago: "creates a class of speculative schemers who
|
||
|
make it their business to watch the advancing wave of improvement, and gather
|
||
|
its foam in the form of patented monopolies, which enable them to lay a heavy
|
||
|
tax upon the industry of the country, without contributing anything to the
|
||
|
real advancement of the arts. It embarrasses the hones pursuit of business
|
||
|
with fears and apprehensions of concealed liens and unknown liabilities to
|
||
|
lawsuits and vexatious accountings for profits made in good faith."
|
||
|
In no area of technology has this scheming been more blatant than in the
|
||
|
proliferation of so-called "inventions" and patent applications involving
|
||
|
computer programs. Already the practical difficulty experienced by the Patent
|
||
|
and Trademark Office in the "examination" of such applications has resulted in
|
||
|
a de facto repeal of the Constitutionally mandated Section 103 of the law. In
|
||
|
the new world order those schemers will more likely be living and working in
|
||
|
Bombay, Bangkok, or Beijing, than in Canton, Cleveland, or Cincinnati.
|
||
|
...Yet the treaty loop hole threatens our fundamental structure. The
|
||
|
greater iniquity is that a Treaty, unlike a statute or even the Constitution
|
||
|
cannot be amended, or its burdens ameliorated by the actions of our People or
|
||
|
our Congress. We will be held to the least-common-denominator of the world
|
||
|
community. <>
|
||
|
|
||
|
<><><><><>LPF Boutique Materials Available from the League<><><><><>
|
||
|
Buttons
|
||
|
We have reprinted the famous ``fanged apple'' buttons. These buttons
|
||
|
show the symbol of Apple computer with an alien snake's body and face.
|
||
|
You can buy buttons by mail from the League, for $2 each, in quantities
|
||
|
of at least three. We give out buttons at events, but ask for a donation.
|
||
|
Stickers
|
||
|
We also have stickers showing Liberty Empowering the Programmer, with the
|
||
|
League's name and address.
|
||
|
You can order stickers by mail from the League at the price of $5 for 10
|
||
|
stickers; for larger orders, phone us to discuss a price. We hand them out
|
||
|
free when it is convenient, such as at our events, but since mailing packages
|
||
|
to individuals costs money, we want to make it an opportunity to raise funds.
|
||
|
Post stickers at eye level and separated from other posted articles, to
|
||
|
make them easy to see. The stickers are not made to survive rain.
|
||
|
Liberty Postcards
|
||
|
We also have postcards showing Liberty Empowering the Programmer, with
|
||
|
the League's name and address. Same terms as the stickers.
|
||
|
Large Liberty Posters
|
||
|
We have a few posters with the same image that is on the stickers,
|
||
|
approximately 2.5 ft by 1.5 ft. We used such posters to make signs for the
|
||
|
protest rally. If you need some, talk with the League and we'll work out a
|
||
|
deal. Coffee Mugs
|
||
|
Our coffee mugs have the Fanged Apple design in full color on one side
|
||
|
and ``League for Programming Freedom'' on the other. They hold twelve ounces
|
||
|
and are microwave safe. Not available until Feb. 92.
|
||
|
You can order a mug for $10, nonmembers $12.. They will not be ready
|
||
|
until Jan 1992. T-Shirts
|
||
|
Michael Ernst has produced t-shirts with Liberty and ``League for
|
||
|
Programming Freedom'' on the front and ``Stop Software Monopolies'' on the
|
||
|
back. (The back slogan will change from time to time.) You can order shirts
|
||
|
by mail from the League for $12 (which includes $2 for mailing). Available
|
||
|
colors are yellow, blue and tan; if you specify a color, we will assume you
|
||
|
would rather have the other color than no shirt. If you want a chosen color
|
||
|
or nothing, say so explicitly. Please specify the shirt size! (M, L or XL.)
|
||
|
Position Papers and Memberships
|
||
|
We will send anyone a copy of the League position papers. If you want
|
||
|
other copies to hand out at an event, we'll send you as many as you need.
|
||
|
Please discuss your plans with us. One-year memberships are $42 for
|
||
|
professionals, $10.50 for students, and $21 for others <>
|
||
|
|
||
|
<><><><><>Newsletter Volunteers<><><><><>
|
||
|
|
||
|
We would like volunteers to work on the newsletter. Our special thanks
|
||
|
to Betty Lou McClanahan and Carol Botteron for proofreading and editing help
|
||
|
with this issue. Contact Programming Freedom at league@prep.ai.mit.edu
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|