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	<title>Comments on: Obama Wants Open Source IT Solutions for US</title>
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	<link>http://www.ipwatchdog.com/2009/01/22/obama-wants-open-source-it-solutions-for-us/id=1733/</link>
	<description>Patents, Software Patents, Patent Applications &#38; Patent Law</description>
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		<title>By: Paul Spuria</title>
		<link>http://www.ipwatchdog.com/2009/01/22/obama-wants-open-source-it-solutions-for-us/id=1733/#comment-15202</link>
		<dc:creator>Paul Spuria</dc:creator>
		<pubDate>Wed, 25 Aug 2010 15:41:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=1733#comment-15202</guid>
		<description>i think opensource and proprietary should be intertwined together as one 

microsoft has made both server and client OSes as well as all the apps used on both of them
i think that company is monopolizing the economy  so why not just implement 50/50?</description>
		<content:encoded><![CDATA[<p>i think opensource and proprietary should be intertwined together as one </p>
<p>microsoft has made both server and client OSes as well as all the apps used on both of them<br />
i think that company is monopolizing the economy  so why not just implement 50/50?</p>
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		<title>By: Gerard</title>
		<link>http://www.ipwatchdog.com/2009/01/22/obama-wants-open-source-it-solutions-for-us/id=1733/#comment-849</link>
		<dc:creator>Gerard</dc:creator>
		<pubDate>Thu, 26 Mar 2009 23:04:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=1733#comment-849</guid>
		<description>To increase the rate of introduction of innovation into the marketplace - let&#039;s consider using the provisional patent application process to electronically register trade secrets. Inform the patent examiners that a publication of trade secrets that have been registered via the provisional patent application process is not a &#039;publication&#039; as defined in the regulations.  Encourage those who register trade secrets in the database of registered trade secrets to negotiate a license agreement with interested parties, who may wish to use &#039;not-invented-here&#039; innovations in their own product portfolio. Notify potential infringers, who may wish to exploit  the sweat and equity of a developer without providing just compensation, that the use of innovations that have been registered in the disignated  trade secret database is a crime.  Allow those who are interested in using software trade secrets in their own products as well as those who are interested in infringing software trade secrets to query the database of registered trade secrets in order to determine whether the trade secret exists, the nature of the secrets and the holder of any trade secret property rights.  Such a process could reduce the macro-economic cost of redundant research and development of ideas and leave other issues such as rights to use trade secrets to negotiations between interested parties and the inventor/developer.  Under this scenario, the database of registered trade secrets serves interested parties in a manner similar to the Registrar of Copyrights and allows a developer to immediately generate revenues from the market prior to the commencement of an unprovisional patent application process.  Revenues from sales of the software products or services that have incorporated the software technology described by the trade secrets could be used to provide compensation to an attorney who may be interested in helping the developer complete the nonprovisional patent process.</description>
		<content:encoded><![CDATA[<p>To increase the rate of introduction of innovation into the marketplace &#8211; let&#8217;s consider using the provisional patent application process to electronically register trade secrets. Inform the patent examiners that a publication of trade secrets that have been registered via the provisional patent application process is not a &#8216;publication&#8217; as defined in the regulations.  Encourage those who register trade secrets in the database of registered trade secrets to negotiate a license agreement with interested parties, who may wish to use &#8216;not-invented-here&#8217; innovations in their own product portfolio. Notify potential infringers, who may wish to exploit  the sweat and equity of a developer without providing just compensation, that the use of innovations that have been registered in the disignated  trade secret database is a crime.  Allow those who are interested in using software trade secrets in their own products as well as those who are interested in infringing software trade secrets to query the database of registered trade secrets in order to determine whether the trade secret exists, the nature of the secrets and the holder of any trade secret property rights.  Such a process could reduce the macro-economic cost of redundant research and development of ideas and leave other issues such as rights to use trade secrets to negotiations between interested parties and the inventor/developer.  Under this scenario, the database of registered trade secrets serves interested parties in a manner similar to the Registrar of Copyrights and allows a developer to immediately generate revenues from the market prior to the commencement of an unprovisional patent application process.  Revenues from sales of the software products or services that have incorporated the software technology described by the trade secrets could be used to provide compensation to an attorney who may be interested in helping the developer complete the nonprovisional patent process.</p>
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		<title>By: Max</title>
		<link>http://www.ipwatchdog.com/2009/01/22/obama-wants-open-source-it-solutions-for-us/id=1733/#comment-705</link>
		<dc:creator>Max</dc:creator>
		<pubDate>Tue, 17 Mar 2009 06:45:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=1733#comment-705</guid>
		<description>Marcin-
I think what you&#039;re trying to get at here is the broken window fallacy:
http://en.wikipedia.org/wiki/Broken_window_fallacy

The fallacy states that, &quot;just because breaking windows causes the glassmaker to get paid, doesn&#039;t mean the money would not have been spent on something else.&quot; In other words, &quot;breaking things so that the repair costs will stimulate the economy is a really dumb idea.&quot;</description>
		<content:encoded><![CDATA[<p>Marcin-<br />
I think what you&#8217;re trying to get at here is the broken window fallacy:<br />
<a href="http://en.wikipedia.org/wiki/Broken_window_fallacy" rel="nofollow">http://en.wikipedia.org/wiki/Broken_window_fallacy</a></p>
<p>The fallacy states that, &#8220;just because breaking windows causes the glassmaker to get paid, doesn&#8217;t mean the money would not have been spent on something else.&#8221; In other words, &#8220;breaking things so that the repair costs will stimulate the economy is a really dumb idea.&#8221;</p>
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		<title>By: Marcin Jakubowski</title>
		<link>http://www.ipwatchdog.com/2009/01/22/obama-wants-open-source-it-solutions-for-us/id=1733/#comment-690</link>
		<dc:creator>Marcin Jakubowski</dc:creator>
		<pubDate>Sun, 15 Mar 2009 13:56:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=1733#comment-690</guid>
		<description>You seem to miss one point. Open source does not always equal to free (as in beer) software. Just switching to open source software does not mean you will not spend a penny on it. In open source business model, you do not pay for the software but it comes with no guaranty. Customers like, say, US government will buy the support, want some software written for the new systems, code checked, staff trained, market will become less monopolized. Some jobs may be lost here and there and some new may be introduced somewhere else.

Now, if we followed your reasoning - everyone should buy the most expensive solution just to support the economy. No matter what the quality of the product is, just buy it so you boost put money into the economy? It&#039;s a bit flawed, don&#039;t you think? If you&#039;re a business owner, you estimate quality vs cost and decide based on that factor. And can you honestly say that proprietary software is of better quality than open source? 

I, for one, am concerned that systems that run governments across the world, including US, are based on proprietary software. This in fact means that companies producing said software have control over their customers. Who has ever seen Windows source code and can say what does it do? Or what will the next update do? With open source software you may, if you wish to, analyze the sources, fix them if needed, do whatever you wish. If a security flaw is discovered, you may fix it on your own. What can you do with proprietary software? Nothing.

There are pros and cons as with any other solution and worrying about $400 billion disappearing from US economy is not something you should be concerned with in my opinion. That&#039;s because that money will be spent on other things and, again in my opinion, will do more good than harm.

Also, anyone wanting to make a point regarding my grammar or anything - it&#039;s just stupid to try and counter reasonable arguments with statements like &quot;omg, l2type, wtf!&quot;. Also, I&#039;m Polish so spare me, English is not my native language.</description>
		<content:encoded><![CDATA[<p>You seem to miss one point. Open source does not always equal to free (as in beer) software. Just switching to open source software does not mean you will not spend a penny on it. In open source business model, you do not pay for the software but it comes with no guaranty. Customers like, say, US government will buy the support, want some software written for the new systems, code checked, staff trained, market will become less monopolized. Some jobs may be lost here and there and some new may be introduced somewhere else.</p>
<p>Now, if we followed your reasoning &#8211; everyone should buy the most expensive solution just to support the economy. No matter what the quality of the product is, just buy it so you boost put money into the economy? It&#8217;s a bit flawed, don&#8217;t you think? If you&#8217;re a business owner, you estimate quality vs cost and decide based on that factor. And can you honestly say that proprietary software is of better quality than open source? </p>
<p>I, for one, am concerned that systems that run governments across the world, including US, are based on proprietary software. This in fact means that companies producing said software have control over their customers. Who has ever seen Windows source code and can say what does it do? Or what will the next update do? With open source software you may, if you wish to, analyze the sources, fix them if needed, do whatever you wish. If a security flaw is discovered, you may fix it on your own. What can you do with proprietary software? Nothing.</p>
<p>There are pros and cons as with any other solution and worrying about $400 billion disappearing from US economy is not something you should be concerned with in my opinion. That&#8217;s because that money will be spent on other things and, again in my opinion, will do more good than harm.</p>
<p>Also, anyone wanting to make a point regarding my grammar or anything &#8211; it&#8217;s just stupid to try and counter reasonable arguments with statements like &#8220;omg, l2type, wtf!&#8221;. Also, I&#8217;m Polish so spare me, English is not my native language.</p>
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		<title>By: Gene Quinn</title>
		<link>http://www.ipwatchdog.com/2009/01/22/obama-wants-open-source-it-solutions-for-us/id=1733/#comment-637</link>
		<dc:creator>Gene Quinn</dc:creator>
		<pubDate>Tue, 10 Mar 2009 20:36:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=1733#comment-637</guid>
		<description>PerlCoder-

You are entitled to your opinion, and you are correct that patent litigation can be enormously expensive and tie up tech companies, but the fact remains that patents spur innovation historically.  Those who chose to ignore the fact that patents and exclusive right spur innovation are simply fooling themselves and are not seriously interested in engaging in meaningful debate.  Without patents the investment necessary to move innovation forward is not available. 

Additionally, many software patents are obviously invalid on their face because they should not have issued due to prior art or they are woefully inadequate to disclose the invention.  Those who choose not to understand patent law and make assumptions that are incorrect hardly have any rational reason to complain that patents stand in the way of innovation.  If you want to let bad patents that are unenforceable stand in your way that is a you problem, not a patent problem.

-Gene</description>
		<content:encoded><![CDATA[<p>PerlCoder-</p>
<p>You are entitled to your opinion, and you are correct that patent litigation can be enormously expensive and tie up tech companies, but the fact remains that patents spur innovation historically.  Those who chose to ignore the fact that patents and exclusive right spur innovation are simply fooling themselves and are not seriously interested in engaging in meaningful debate.  Without patents the investment necessary to move innovation forward is not available. </p>
<p>Additionally, many software patents are obviously invalid on their face because they should not have issued due to prior art or they are woefully inadequate to disclose the invention.  Those who choose not to understand patent law and make assumptions that are incorrect hardly have any rational reason to complain that patents stand in the way of innovation.  If you want to let bad patents that are unenforceable stand in your way that is a you problem, not a patent problem.</p>
<p>-Gene</p>
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		<title>By: PerlCoder</title>
		<link>http://www.ipwatchdog.com/2009/01/22/obama-wants-open-source-it-solutions-for-us/id=1733/#comment-636</link>
		<dc:creator>PerlCoder</dc:creator>
		<pubDate>Tue, 10 Mar 2009 20:31:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=1733#comment-636</guid>
		<description>&quot;when you talk to those who say they cannot create because of patents it is clear that they don’t understand patent law&quot;

That is just plain nonsense.  Software patents have a tangible effect on new product development.   Whether you care to admit it or not, patent litigation (or the threat thereof) based on claims against dubious &#039;submarine&#039; patents are routinely used to extort money from companies of all sizes or to stifle competition.   The threat of patent litigation is probably the #1 risk factor for a tech start-up company.    The costs of defending against a dubious patent lawsuit can easily top a million dollars, an expense which can easily cripple or bankrupt a small company.</description>
		<content:encoded><![CDATA[<p>&#8220;when you talk to those who say they cannot create because of patents it is clear that they don’t understand patent law&#8221;</p>
<p>That is just plain nonsense.  Software patents have a tangible effect on new product development.   Whether you care to admit it or not, patent litigation (or the threat thereof) based on claims against dubious &#8216;submarine&#8217; patents are routinely used to extort money from companies of all sizes or to stifle competition.   The threat of patent litigation is probably the #1 risk factor for a tech start-up company.    The costs of defending against a dubious patent lawsuit can easily top a million dollars, an expense which can easily cripple or bankrupt a small company.</p>
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		<title>By: Brandon</title>
		<link>http://www.ipwatchdog.com/2009/01/22/obama-wants-open-source-it-solutions-for-us/id=1733/#comment-610</link>
		<dc:creator>Brandon</dc:creator>
		<pubDate>Mon, 09 Mar 2009 06:32:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=1733#comment-610</guid>
		<description>Gene
I appreciate your response.  President Obama&#039;s stated position is that he is going to ask the government to review everything it does to look for more efficient ways to do it.  I am paraphrasing of course, but I believe that captures the message.  

While I can&#039;t say that I agree with everything he has done and said, I&#039;m certain that we can both agree that a lot of waste could be cut out of the government.  The directive to explore open source solutions seems to be in line with that.  

My real fear is that President Obama may be biting off more than he can chew with health care reform, the economic stimulus, our current foreign policy mess, etc.  There is a lot going on.  I hope he and his team can pull it all off.  

I do not think that the idea of the government using open source is bad for the economy or the state of patent protection.</description>
		<content:encoded><![CDATA[<p>Gene<br />
I appreciate your response.  President Obama&#8217;s stated position is that he is going to ask the government to review everything it does to look for more efficient ways to do it.  I am paraphrasing of course, but I believe that captures the message.  </p>
<p>While I can&#8217;t say that I agree with everything he has done and said, I&#8217;m certain that we can both agree that a lot of waste could be cut out of the government.  The directive to explore open source solutions seems to be in line with that.  </p>
<p>My real fear is that President Obama may be biting off more than he can chew with health care reform, the economic stimulus, our current foreign policy mess, etc.  There is a lot going on.  I hope he and his team can pull it all off.  </p>
<p>I do not think that the idea of the government using open source is bad for the economy or the state of patent protection.</p>
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		<title>By: Gene Quinn</title>
		<link>http://www.ipwatchdog.com/2009/01/22/obama-wants-open-source-it-solutions-for-us/id=1733/#comment-605</link>
		<dc:creator>Gene Quinn</dc:creator>
		<pubDate>Mon, 09 Mar 2009 02:36:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=1733#comment-605</guid>
		<description>Brandon-

I think your position makes a lot of sense, and is probably the position of most folks.  I do not have anything against open source software per se, I just wonder whether now is the time for the government to be looking to move into open source software.  I use some open source software myself.  

In terms of Republicans being fiscally responsible, obviously they are not and have not been for some time.  I think that is why they have lost 2 elections in a row and will continue to lose until such time that they get back to basics and become fiscal conservatives.  I think the US wants to be slightly left of center on social issues and somewhere right of center on fiscal matters.  With a two party system that seems impossible these days.  

For the record, while it is obvious I am a Republican, I hammered the Bush Administration and particularly Jon Dudas while he was at the Patent Office.  I am equal opportunity when it comes to pointing out what I think are bad ideas.</description>
		<content:encoded><![CDATA[<p>Brandon-</p>
<p>I think your position makes a lot of sense, and is probably the position of most folks.  I do not have anything against open source software per se, I just wonder whether now is the time for the government to be looking to move into open source software.  I use some open source software myself.  </p>
<p>In terms of Republicans being fiscally responsible, obviously they are not and have not been for some time.  I think that is why they have lost 2 elections in a row and will continue to lose until such time that they get back to basics and become fiscal conservatives.  I think the US wants to be slightly left of center on social issues and somewhere right of center on fiscal matters.  With a two party system that seems impossible these days.  </p>
<p>For the record, while it is obvious I am a Republican, I hammered the Bush Administration and particularly Jon Dudas while he was at the Patent Office.  I am equal opportunity when it comes to pointing out what I think are bad ideas.</p>
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		<title>By: Brandon</title>
		<link>http://www.ipwatchdog.com/2009/01/22/obama-wants-open-source-it-solutions-for-us/id=1733/#comment-603</link>
		<dc:creator>Brandon</dc:creator>
		<pubDate>Mon, 09 Mar 2009 02:17:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=1733#comment-603</guid>
		<description>I am neither a software developer nor am I involved in patent law, but investigating the potential to use open source software seems like a far cry from closing down the patent office to me.  Open source solutions are open source because their authors choose to license them as such.  They also have the option of patenting and/or copy righting their works.  

Personally, I run windows on my machines, but every other piece of software I use is Open Source.  This is not because I don&#039;t believe in patents.  This is because it is a much much lower cost alternative for me.  Not only is the software itself free to me (though I generally &quot;donate&quot; to the author if they request it), but I find the software is usually more reliable.  I also get better support in user forums and the like than I get from the person who answers the tech support hot line of a proprietary product after I&#039;ve been on hold for half an hour.

In short, I choose open source because it makes the most economic sense for me.  I would like to be able to expect the same from my government.  It is very rare that I have any hope of that, just look at the no-bid and cost plus contracts the Bush Administration spent the last 8 years handing out.

And before you blow me off as some liberal, please explain how Republicans can claim to be the fiscally responsible party after the ride they took us on for the last eight years.</description>
		<content:encoded><![CDATA[<p>I am neither a software developer nor am I involved in patent law, but investigating the potential to use open source software seems like a far cry from closing down the patent office to me.  Open source solutions are open source because their authors choose to license them as such.  They also have the option of patenting and/or copy righting their works.  </p>
<p>Personally, I run windows on my machines, but every other piece of software I use is Open Source.  This is not because I don&#8217;t believe in patents.  This is because it is a much much lower cost alternative for me.  Not only is the software itself free to me (though I generally &#8220;donate&#8221; to the author if they request it), but I find the software is usually more reliable.  I also get better support in user forums and the like than I get from the person who answers the tech support hot line of a proprietary product after I&#8217;ve been on hold for half an hour.</p>
<p>In short, I choose open source because it makes the most economic sense for me.  I would like to be able to expect the same from my government.  It is very rare that I have any hope of that, just look at the no-bid and cost plus contracts the Bush Administration spent the last 8 years handing out.</p>
<p>And before you blow me off as some liberal, please explain how Republicans can claim to be the fiscally responsible party after the ride they took us on for the last eight years.</p>
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		<title>By: Max</title>
		<link>http://www.ipwatchdog.com/2009/01/22/obama-wants-open-source-it-solutions-for-us/id=1733/#comment-581</link>
		<dc:creator>Max</dc:creator>
		<pubDate>Sat, 07 Mar 2009 21:35:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=1733#comment-581</guid>
		<description>First of all, I&#039;d like people to shut up about the guy&#039;s grammar, because those comments are just plain embarrassing. On to the main topic of the comment:

There may be an explanation for why there are so many terrible software patents out there:
http://thedailywtf.com/Articles/Its-All-About-C,-The-CIA-Interview,--Not-People-Like-You.aspx (last story on the page.)

Software patents aren&#039;t necessarily bad, but they&#039;re suboptimal. Software is so enormously complex, it&#039;s impossible to make software without doing something that someone else has used as part of a patented work. The problem, as I see it, is that you can be sued for things that don&#039;t violate the law. 

For example, suppose General Electric has a patent on some doohickey that goes in a jet engine. Part of the patent specifies that the doohickey is fastened to the chassis using bolts. If GE were to sue Ford because they fastened some entirely different part to the chassis of a truck, and they also used bolts, that would be completely ridiculous. But GE could still file the lawsuit. The case would be thrown out of court, but GE could still file the lawsuit.

However, software is a relatively new field, and not everyone is computer literate. If someone were to sue me for writing code that &quot;parsed user input using a series of switch statements that efficiently represent the desired workflow of the program without explicitly using conditional operators,&quot; most judges aren&#039;t going to know what that means, but the concept has been around since the seventies. 

Even if the patent examiners actually have experience in the industry, there are better options for protecting the intellectual property of the programmers. A better option would be to use copyright law instead of patents.</description>
		<content:encoded><![CDATA[<p>First of all, I&#8217;d like people to shut up about the guy&#8217;s grammar, because those comments are just plain embarrassing. On to the main topic of the comment:</p>
<p>There may be an explanation for why there are so many terrible software patents out there:<br />
<a href="http://thedailywtf.com/Articles/Its-All-About-C,-The-CIA-Interview,--Not-People-Like-You.aspx" rel="nofollow">http://thedailywtf.com/Articles/Its-All-About-C,-The-CIA-Interview,&#8211;Not-People-Like-You.aspx</a> (last story on the page.)</p>
<p>Software patents aren&#8217;t necessarily bad, but they&#8217;re suboptimal. Software is so enormously complex, it&#8217;s impossible to make software without doing something that someone else has used as part of a patented work. The problem, as I see it, is that you can be sued for things that don&#8217;t violate the law. </p>
<p>For example, suppose General Electric has a patent on some doohickey that goes in a jet engine. Part of the patent specifies that the doohickey is fastened to the chassis using bolts. If GE were to sue Ford because they fastened some entirely different part to the chassis of a truck, and they also used bolts, that would be completely ridiculous. But GE could still file the lawsuit. The case would be thrown out of court, but GE could still file the lawsuit.</p>
<p>However, software is a relatively new field, and not everyone is computer literate. If someone were to sue me for writing code that &#8220;parsed user input using a series of switch statements that efficiently represent the desired workflow of the program without explicitly using conditional operators,&#8221; most judges aren&#8217;t going to know what that means, but the concept has been around since the seventies. </p>
<p>Even if the patent examiners actually have experience in the industry, there are better options for protecting the intellectual property of the programmers. A better option would be to use copyright law instead of patents.</p>
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