🚀 go-pugleaf

netvegetable <netvegetableNOT@dodo.com.au> wrote in
message news:pan.2004.08.07.02.14.57.592603@dodo.com.au...

> http://www.smh.com.au/articles/2004/08/06/1091732077487.html

> By Online Staff
> August 6, 2004

> The US-Australia Free Trade Agreement poses a grave threat to the
> entire Australian software development industry due to the legal framework
> on intellectual property which is required upon adoption of the pact, the
> Open Source Industry Association and Linux Australia have warned.

Pity that is a complete pack of pig ignorant lies.

> In a statement issued in Melbourne today, both organisations said the FTA
> would hamper Australia's ability to efficiently compete in global markets.

More fool them.

> "Much like the introduction of a flawed patenting regime for
> pharmaceuticals, adoption of a flawed patent regime for
> software is not in Australia's interests," the statement said.

Wota packa silly fuckwits. In spades
with OPEN SOURCE software, fools.

> Brendan Scott, a spokesman for the groups and a lawyer himself,

Fat lot of good that does him, he's clearly a pig ignorant fuckwit.

> said the effects would be felt by all developers, not
> merely those who worked with open source software.

Complete and utter pack of lies.

> He said the wording in the FTA suggested Australia's
> software patents law and US laws would be harmonised.

Complete and utter pack of lies. It does nothing of the sort.

> "The US patent system for software has been broadly condemned
> as flawed by many industry observers, even by the former Patent
> and Trademark Office director himself," Scottt pointed out.

Wota terminal fuckwit. ANY system has some flaws, fuckwit.

There is NO provision in the FTA that requires us to adopt their system, fool.

> He said any non-trivial piece of software could contain as many
> as thousands of code processes, algorithms or software modules,
> any one of which could infringe one or many US software patents.

Just as true right now, fuckwit.

> "Most Australian developers have probably built products which 'infringe'
> on US software patents. Introducing a system which makes it simpler
> for these patent holders to bring such legal hooks into Australia

Pity the FTA does, fuckwit.

> is very damaging to the local industry," Scott said.

Complete and utter pack of lies. And there is fuck all local industry anyway.

> He pointed out that Australian developers would face huge
> fines if they recreated software processes while being
> unaware of the possibility that they may been patented.

Our patent system will NOT be changed by the FTA and whatever
silly stuff applys to the US system, APPLYS NOW ANYWAY, fuckwit.

> "Ignorance of such patents is no excuse.

Thats always been true, fuckwit.

> In future, Australian developers may not be able to make
> any software without the fear of paying ransom," he warned.

Wota terminal fuckwit.

> Scott said a majority of local developers lacked the money and
> time needed to check their software code-bases against the
> tens of thousands of software patents which could flood the
> market if Australia degraded its stringent software patent laws.

Pity we aint about to, fool.

> "US patent law allows for the imposition of punitive damages.

More lies. That ONLY applys to will flagrant patent abuse.

And we wont be having that here ANYWAY.

> If Australia adopted a similar law, local developers could be sued
> for many times more than any actual 'damages' they may have
> caused the patent holder, merely as a warning for others," he said.

Wota terminal fuckwit.

> He said huge software houses had the resources to obtain patents.

And most dont bother, even in the US system, fool.

> "The introduction of US-style software patenting

Taint gunna happen. No requirement for that under the FTA.

> will therefore be a one-sided affair, and definitely
> not in the local industry's favour," he cautioned.

Wota terminal fuckwit.

> Even if an Australian developer owned a patent, he or she, in most cases,
> would not have the money and time to pursue a case against a big company.

Thats always been true, fuckwit. Nothing changes with the FTA, fool.

> "Most software patents are owned by huge ICT firms, which
> keep them to be used when necessary to do an opponent serious
> damage or for legal leverage in deal negotiation. They are not
> used to 'extend the art and science' of technology," Scott claimed.

Thats always been true, fuckwit. Nothing changes with the FTA, fool.

> He was of the opinion that a large number of software patents
> in the US had been granted for processes or algorithms which
> are exceptionally vague or, even worse, quite obvious to most
> competent software development practitioners.

Thats always been true, fuckwit. Nothing changes with the FTA, fool.

> "They should not have been granted in
> the first place, as they are not 'novel'.

Thats always been true, fuckwit. Nothing changes with the FTA, fool.

> By degrading Australia's patent system to match the US approach

More of your pathological lying. Taint even proposed as part of the FTA.

> we will handicap our local developers needlessly."

Wota terminal fuckwit.

> Scott also warned that there were an equal number
> of issues which would arise with the introduction of
> DMCA-style legislation, also mandated by the FTA. "

We've ALREADY done our own, fuckwit.

And no FTA gets to force particular legislation here anyway.

> ...anything which stops academic research into security and
> which also stops any endeavour towards software interoperability
> engineering is a serious problem for R & D in this country," he said.

Pity our 'DMCA-style legislation' doesnt do that, fuckwit.

> He was referring to the Digital Millennium Copyright Act
> which was signed into law in the US on October 28, 1998.

We've ALREADY done our own, fuckwit.

> The DMCA's stated purpose is to update US copyright laws for the digital age.

So was ours, fool.

> Both organisations said they backed the proposals made by David
> Vaile of the UNSW's Baker & McKenzie Cyberspace Law and Policy
> Centre as a means of starting to tackle the problems posed by the FTA.

Yawn.

> Vaile's proposals:

>     * Tighten the criteria for software and 'business process' patent
>     applications. * Establish a public interest litigation fund to enable
>     Open Source software developers, integrators or users to respond to
>     anti-competitive and tactical patent infringement claims, if they
>     would otherwise be unable to do so. * Official support for global
>     'prior art' research projects to assist research of the viability of
>     such claims. * Change the IPaustralia.gov.au page to make lodged
>     patents easier to track, so that developers can protect themselves
>     from bogus patents. * Limit the implementation of controversial
>     DMCA-style laws, to the extent they'd inhibit development of open,
>     compatible tools for common file formats and networks. * Introduce US
>     'Fair Use' amendments to Copyright Act.

Taint gunna happen, so Vaile is completely irrelevant.

Its done and dusted, fool.