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IP: more on Agenda for MS Remedies Workshop
From: Dave Farber <farber () cis upenn edu>
Date: Sat, 01 May 1999 15:53:03 -0400
Sender: jamie () essential essential org Date: Sat, 01 May 1999 14:37:57 -0400 From: James Love <love () cptech org> To: farber () cis upenn edu CC: Brett Glass <brett () lariat org>, ip-sub-1 () admin listbox com Subject: Re: IP: Agenda for MS Remedies Workshop I am a bit mystified by Brett Glass's comments. Was Brett even at the workshop? I do not believe that intellectual property is "a bad idea" or "fundemntally evil," and have never expressed these views. Nor do I believe that anyone could or should "destoy software markets by making all software available for free." Does anyone really believe this? As David Farber indicated, the main part of my talk was to explain the European Union's 1984 undertaking with IBM (http://www.essential.org/antitrust/ibm/ibm1984ec.html), which focused on interoperability issues, and which provides a very useful framework for thinking about the government's response to anticompetitive problems in the software industry. I also introduced the audience briefly to Simon Garfinkel's earlier paper on disclosure of data file formats (http://www.hotwired.com/synapse/feature/98/01/garfinkel1a_1.html) and Richard Stallman's proposed remedies for the Microsoft case (http://linuxtoday.com/stories/4999.html). I know that Richard Stallman is a controversial person, but his proposals should be evaluated on their merits. They were not, as some might have assumed, a "GPL Windows" type of remedy, but rather specific recommendations regarding disclosures of software interfaces, communications protocols, and file formats, plus some remedies concerning software patents. I would imagine that many of RMS's most vocal critics would agree with some if not all of his proposals. Jamie Love Like many, I think that free software and open protocols and standards are important, and to be encouraged. But like most users, I also gladly support commerical products. Dave Farber wrote:I agree with you Jamie did not raise that as a major point at this meeting At 04:46 PM 4/30/99 -0600, Brett Glass wrote:Dave: Jamie Love has some good points about the EU/IBM settlement. However, he goes overboard in that he not only advocates "open source" as a solution to the Microsoft problem but specifically espouses Richard Stallman's views: namely, that intellectual property is at best a bad idea and at worst fundamentally evil. To destroy software markets by making all software available for free -- or by taxing computer users to fund the creation of free software that competes with honest programmers (a practice which Stallman and Love both advocate) -- is throwing the baby out with the bath water. It is inappropriate to deprive all software authors of their livelihoods as the result of a single company's egregious business practices. --Brett Glass At 03:25 PM 4/30/99 -0400, Dave Farber wrote:I just stopped in for a brief visit while I was in DC so what I will say is very unfair but what the h_ll. Jamie Love gave a very good talk focusing on the EU settlement with IBM as a model for dealing with such high technology antitrust issues. I am in awe at the EU understanding with respect to software and hardware.issues. Another talk I heard was much more disappointing. It was from a learned economist who did not understand the software business but had read re Open Source. He kept talking about Standards Bodies and notions of software as a bunch of carvable pieces you could mix and match at fee will. He seemed to believe on could create software in a day and adapt to changes in a few hours. I am being a bit unfair but it worried me that it is possible that such folk will determine what happens if MS is either found guilty or settles. We need ver badly to organize education meetings where we try to make them understand our industry, else they will be like the farmer who gets sold the Brooklyn Bridge. Dave-- James Love Consumer Project on Technology http://www.cptech.org love () cptech org 202.387.8030; fax 202.234.5176
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