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A weblog on digital civil rights, Free Software and Access to Knowledge.

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WIPO: Chile proposal

Things are starting to move again at WIPO.. With the first meeting of a Development Agenda Committee due at the end of February (I have my plane tickets already), Chile has submitted an interesting proposal (.pdf).

Core points are:

Proposal 1:  Appraisal of the public domain
Proposal 2:  Importance of complementary systems to and in intellectual
property
Proposal 3:  Study for assessing what are the appropriate levels of
intellectual property, considering the particular situation in each
country, specifically its degree of development and institutional capacity

And Free Software is in there, too:

[...] it should be considered that the specific intellectual property
system enables creators and innovators, and also rightsholders in
general, to implement various models for the dissemination or
exploitation of creations or innovations, such as open licensing
systems.  Within such creations or innovations, the expansion of free
software and other open licenses such as Creative Commons suggests the
need to identify, study and disseminate the licensing options which
co-exist within the intellectual property system.  

Microsoft tries to poison Free Software

Dragging its feet as usual, Microsoft has taken the next step in the European monopoly lawsuit. The company has promised to let other people look at its server source code to appease the European Commission, which has already slapped Microsoft with a hefty fine.

So what's the problem? There are several. For one, noone ever asked Microsoft to do this. Nobody in this case wants their server source code. What is needed to enable competition in the marketplace are the server protocols. What's the difference? If the source code is the blueprint for the wiring of the Windows server, the protocols are just the design specifications for the plug that goes into it. Microsoft is simply not offering what is has been asked for.

Another problem is that this source code is, in effect, poisonous. Any software developer who looks at this code - which is of course copyrighted by Microsoft - and then goes on to develop something similar to the Windows server, will immediately be sued for copyright infringement. Even if she writes something completely different, simply being sued by Microsoft is enough to destroy a person's economic existence.

Microsoft is trying to fool the European Commission. FSF Europe, which represents the Samba Team that developes a rival Free Software server, has debunked Microsoft's claim to compliance, and several international papers have taken note. Let's hope the Commission does as well. Isn't it surprising that the world's biggest software company should have such trouble telling apart source code and protocols?


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