Subject: Re: Open Source in E-Commerce
From: Bernard Lang <>
Date: Tue, 14 Mar 2000 10:36:11 +0100

On Tue, Mar 14, 2000 at 09:19:28AM +0000, Stephen J. Turnbull wrote:
> >>>>> "Bernard" == Bernard Lang <> writes:
>     Bernard> On Tue, Mar 14, 2000 at 03:52:43AM +0000, Stephen
>     Bernard> J. Turnbull wrote:
>     >> However, some large companies are sufficiently large that they
>     >> could create an approximation to an internal open source
>     >> ecology without giving up proprietary rights.  And as Greg
>     >> Aharonian pointed out in the post quoted by Karsten, this could
>     >> also be implemented in a proprietary framework via the patent
>     >> system.
> [...]
>     Bernard> but contribute for free to something that is wholly owned
>     Bernard> by someone else at the expense of society ... that is
>     Bernard> silly.
> You're confusing "free speech" (ie, open source of "patented"
> programs) with "free beer" (reviewers not being rewarded).
> If proprietary rights can be enforced without keeping the
> implementation secret, then reviewers can be (and will be) paid by the
> proprietor, and downstream implementors can share revenue with the
> upstream patent-holder.
> Society may still not want to use patents that way (and most FSB types
> will reject it out of hand, I expect), but it's not "silly."

Actually the confusion is different ... I assumed that only the owner
would be allowed to publish variations and corrections. So it is a
matter of free speech.

If you rather say, anyone can do whatever he wishes, but actual users
have to pay for the use (not for the ownership, or distribution the
code), there may be something to discuss. That would eliminate
contributory infringement, and much of the legal harassment. It is
close to the use-right proposal of Jean-Paul Smets.

Only the end user pay, not people who develop or distribute. So
distribution with lots of stuff, unused by most, can still exist.


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