[Ubuntu-PH] Microsoft's Patent against FOSS

[Jopes]

This is the discussion that I'm waiting for.

Point 1: As far as I know, patents from the U.S. are only applicable in U.S.
So worst comes worst, we won't be affected by that (if we make our own Linux
distributions, distribute it, or support it). Same goes for Ubuntu.

Point 2: Microsoft promises not to sue or charge end users. Instead, they'll
make "settlements" with distributing companies so you as an end user
shouldn't be affected. Well, I don't have anything against Microsoft, but I
just don't want to trust that promise (it may change in time).

Point 3: Microsoft violating other patents is out of the question. In legal
terms, it doesn't matter if the prosecution side is guilty of committing
patent infringement. As long as Linux "steals something" from Microsoft,
Linux is in the bad side. How I wish MS won't sue Redhat, etc., with their
double-click patents.

Point 4: Software patents are pathetic, which ranges from "Eureka! I found
an idea to make this algo faster!" to "Oh, I think I have to use this
variable name." Imagine lately, the Linked List was patented. Bottomline:
Software may be ideas that should be exclusive to the company who made it.
Still, U.S. courts should be smart enough to know what's obvious and what's
not. Good thing MS's FAT thingy was denied (they were trying to get
royalties from using the FAT file system, when in fact, it's the simplest
thing you can think of for a Bento Box... just split whatever big chunk of
tempura you have to smaller pieces so it would fit the box).

Point 5: They won't make companies (especially big ones) believe in the
first place. First of all, MS hasn't publicly described what the 235 patents
are. It's like bullying people for a (set of) wrongdoing(s) that people
themselves don't know of. As far as FOSS is concerned, it's clean of its
conscience. Second, who the hell will believe that Linux / FOSS are better
alternatives than MS's technologies because they were infringing patents
from the Big One? I mean saying Linux was better because they got stuff from
the worst? Give me a break. Besides, the Fortune-article-tactic is obviously
a way to just spread fear, uncertainty, and doubt. I should say a desperate
move because we are used to hearing news like this in the internet or some
forum. Using Fortune magazine is waaay too desperate.

Point 6: Competition is good. Choice is good. If FOSS people, like us, could
find points here in this move wherein Microsoft prevents fair competition,
then they (accusations) would be direct counter-accusations, and, probably
better ones. It just proves how government works in the U.S., their judicial
system, and the way they see what's right and wrong (OK, I'm not
generalizing, but they make people like me think like this): MONEY. Don't be
afraid 'coz our government hasn't thought of approving software patents
here. I mean, patents would just hinder products from coming out, and
present themselves as better alternatives. If I find that "Bolekya's
clothes" feels a lot cooler, less stylish, but very expensive, why would I
buy that if "Kurnina's cottons" feels waaay cooler, more stylish, at a
fraction of Bolekya's clothes? Will you let Bolekya sue Kurnina when in fact
Kurnina just got the idea of "feel-cool" clothes? Will you let Bolekya push
Kurnina's prices up so she would seem cheaper (cost and style) than
Bolekya's?


-- 
Jofell S. Gallardo
www.jofell.com

Founding Engineer
Bandwagon - iTunes backup application
www.ridethebandwagon.com
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